Strasbourg, 14 February 2002
CCJE (2002) 6
Consultative Council of European Judges (CCJE)
Questionnaire on the conduct, ethics and responsibility of judges: reply submitted by the delegation of Azerbaijan
Questionnaire on the conduct, ethics and responsibility of judges
1.Judges are obliged to be honest, objective,not to accept bribes, to obey the law, etc....
2.Yes there is a judge’s code of conduct.
a) The code of conduct is drafted and adopted by all the judges of Armenia and the Judges, Council.
b) See question # 1.
For minor offenses the judge gets a warning. For serious or repeated offenses the judge may be removed.
3.This question is unclear for us.
4.The impartiality of judges can be called into question by the prosecution in accordance with the law or case is found to be unreasonable.
5. Judges can incur both civil and criminal liability for acts committed in the performance of their duties.
a) For example, when a judge knowingly convicts an innocent person.
b) The wrongly convicted person can appeal to a higher court. If the higher court finds that the judge has broken the code of conduct, they can bring charges against him.
c) The president and the Judges, Council decide when to bring charges against a judge. The judge is tried in an ordinary court. The case is prosecuted by the Attorney General.
A judge can be imprisoned and/or can be made to pay damages.
6.Yes, judges can be subject to disciplinary proceedings.
a) If the offenses are minor.
b) The Minister of Justice appeals to the Council of Judges, to discipline a judge.
c) The Council of Judges is the competent authority.
d) Warnings or removal from judgeship are the sanctions that can be imposed.