Azerbaijan, Baku, Oct 19 /Trend K.Zarbaliyeva/
Azerbaijani Ombudsman Elmira Suleymanova is applying to the Constitutional Court requesting the removal of inconsistencies between the Constitution and the Criminal Procedure Code (CPC) on the issue of unjustified detention, the Constitutional Court said on Friday.
The Commissioner for Human Rights requested the Constitutional Court checks whether Article 448.5 of the Criminal Procedure Code of Azerbaijan corresponds to the Constitution.
It is stated in the article that if immediately after the delivery of the judge's decision to refuse arrest as a restrictive measure, or an extension of the period of detention on remand and the prosecutor in charge of the procedural aspects of the investigation states that he does not agree with the court's decision and will appeal against it to the court of appeal, the judge shall add to his decision a provision for the accused to be temporarily held under house arrest, or detained on remand for seven days.
Detention of a person for seven days without a decision on arrest contradicts Article 32 of the Constitution and Article 5 of the European Convention and should be regarded as a violation of human rights, the Ombudsman said.
The appeal of the Ombudsman will be reviewed on November 13.