The collapse of the Soviet state, as part of the global political processes taking place in the world at the end of the twentieth century, allowed Azerbaijan to declare its independence, pursue an independent policy and join the world community as an equal member. Heydar Aliyev, who returned to power at the insistence of the people, set himself the goal of creating a perfect, democratic society. The main criteria were protection of honour and dignity of citizens of Azerbaijan, development of democratic principles, improvement of living standards of population. The great leader took wise steps in this field. The path started soon brought our country closer to the international community.

The initiative to abolish the death penalty in our republic belongs to great leader Heydar Aliyev. It was after the return to power of great leader Heydar Aliyev that humanistic traditions were established as one of the main bases of the policy of our independent state, institutions of pardon and amnesty were formed, and a moratorium on the execution of the death penalty was declared.

The abolition of the death penalty was one of the demands made by prestigious international organisations, primarily the Council of Europe, to its member states. The inadmissibility of the death penalty was clearly reflected in Protocol No. 6 to the Convention on Human Rights, adopted by the organisation in 1983. The demand for the abolition of the death penalty was a clear indication of how much the organisation valued human rights and freedoms, as well as the human right to life. Shortly thereafter, this important issue was enshrined in the Constitution of independent Azerbaijan. The Constitution, drafted on the initiative and under the leadership of Heydar Aliyev and adopted by popular vote (referendum) in 1995, specified the death penalty only as an exceptional measure of punishment for a particularly grave crime against the State, human life and health and was not intended as a permanent punishment. Legal bases of democratic, legal and secular state building, unconditional provision of human rights and freedoms are also reflected in our fundamental law. Heydar Aliyev considered it impossible to build public trust in the state without creating a fair system of governance, and for this purpose, first of all, he managed to carry out progressive reforms in the judicial and legal system in accordance with the requirements of the time.

In 1995, the great leader established the institution of amnesty. The Pardon Issues Commission was established under the President of the Republic of Azerbaijan. The issuance of pardon orders and amnesty decrees covering the most diverse strata of society made a fundamental contribution to the rehabilitation of citizens useful to society who did not hesitate to accept the rule of law. In May 1996, the Milli Majlis supported the legislative initiative of the President of Azerbaijan and adopted a decision to exempt persons over 65 years of age from the death penalty, and the number of offences for which the death penalty was abolished was reduced from 33 to 12.

The issue of definitive abolition of the death penalty was brought up for discussion and consultations particular with the Council of Europe.

On 3 February 1998, national leader Heydar Aliyev addressed the Milli Majlis with an initiative to adopt a law on the abolition of the death penalty. He also submitted to the Parliament a draft law on making amendments and additions to the Criminal, Criminal Procedure and Corrective Labour Codes of the Republic of Azerbaijan in connection with the abolition of death penalty in the country and in accordance with Article 96 of the Constitution. The Milli Majlis supported the proposal of the Head of State to abolish the death penalty and adopted this historic decision on 10 February 1998. With the abolition of the death penalty, Azerbaijan’s name went down in history as the first country in the East to abolish this punishment. By abolishing the death penalty, the great leader once again demonstrated his commitment to humanism and international law.

Between 1995 and 2003, 7 amnesty acts and 32 pardon decrees were signed. This amnesty act was applied to more than 77 thousand people. Of these, 21,325 persons were freed from the unserved term of their sentences. By the pardon decree, 3,104 persons were pardoned and released from punishment.
The measures implemented by President Ilham Aliyev, who has successfully continued the political line of the national leader, are of special importance in the direction of protecting human rights and freedoms. The signed decrees on pardon have become one of the priority areas of ensuring human rights and freedoms in our country.

Recommended literature:

1. İnsan hüquqları / elmi red. : S. R. Zeynalov [et al.] ; rus dilindən tərc. : Ş. İ. Əliyev. - Bakı : Şirvannəşr, 2005. - 572 s.
2. Babaoğlu, Hikmət. İnsan hüquqları və azadlıqları : tarixi təkamülü, beynəlxalq və politoloji aspektləri, Azərbaycan təcrübəsi: monoqrafiya / H. Babaoğlu ; elmi red. Ə. Əhmədov. - Bakı : Elm, 2006. - 244 s.
3. İnsan hüquqları / L. Henkin [et al.] ; red. heyəti R. K. Klark [et al.]. - Bakı : Adiloğlu, 2008. - 1232 s.
4. Novak, Manfred. İnsan hüquqları : parlament üzvləri üçün vəsait / M. Novak, J. Klok, İ. Şvartsın ; red. E. T. Süleymanova ; Parlamentlərarası Birlik, BMT-nin İnsan Hüquqları üzrə Ali Komissarı İdarəsi. - n. y. y. : [n. y.], 2005. - 232 s.
5. İnsan hüquqları : beynəlxalq və milli müdafiə mexanizmləri / Ə. Abdullayev [et al.] ; red. Ə. Abdullayev. - Bakı : Açıq dünya, 2008. - 487 s.
6. Права человека и процессы глобализации современного мира / М. М. Бринчук [и др.] ; отв. ред. Е. А. Лукашева ; Институт Государства и Права РАН. - М. : НОРМА, 2005. - 464 с.