The son of a deputy is suspected of murder: could his father and brother lose their positions?

It has been established that one of the participants in the mass brawl with a fatal outcome in Baku, namely the person suspected of committing the murder, is Ahmed Alizade - the son of deputy Arzukhan Alizade. Another son of the deputy, Orkhan Alizade, serves as a judge at the Khatai District Court.

Can the commission of a crime by one family member serve as grounds for stripping his father of his parliamentary mandate and his brother of his judicial position?

As follows from the investigation by Oxu.Az, Article 90 of the Constitution of the Republic of Azerbaijan (RA) regulates matters of immunity of deputies of the Milli Majlis.

Paragraph I of this article states that during the term of office, the person of a deputy of the Milli Majlis is inviolable. Deputies of the parliament, during the exercise of their powers, except in cases of being caught in the act, may not be subjected to criminal prosecution, detained, subjected to administrative penalties through judicial proceedings, searched, or personally inspected.

If a deputy of the Milli Majlis of the Republic of Azerbaijan is caught in the act of committing a crime, they may be detained. In such a case, the body that detained the deputy must act in accordance with the law and submit the relevant materials to the Prosecutor General of Azerbaijan.

Paragraph II of the article emphasizes that the immunity of a deputy of the Milli Majlis of the Republic of Azerbaijan may only be terminated by a decision of the republic's parliament based on a submission by the country's Prosecutor General.

Article 113 of the Law of the Republic of Azerbaijan "On Courts and Judges" defines the grounds for termination of judges' powers.

According to this article, the powers of judges are terminated by the Judicial-Legal Council upon the expiration of their term of office, including any extended term. Early termination of powers is possible in the following cases: upon the judge's submission of a written application for voluntary resignation from office; removal from office; recognition by a court of full or limited incapacity; death, declaration of death, or recognition as missing by a court decision; identification of non-compliance with the requirements established by law for candidates for judicial office; engagement in activities incompatible with the position held; termination of citizenship of the Republic of Azerbaijan, acquisition of citizenship of another state, or acceptance of obligations to another state; inability to perform official duties due to complete loss of work capacity for more than six consecutive months; imposition of disciplinary sanctions twice within a calendar year on the grounds provided for in Article 111-1 of this law; as well as repeated gross violations of the requirements of legislation in the consideration of cases.

Thus, according to the country's legislation, the commission of a crime by one person does not constitute grounds for stripping their parent of a parliamentary mandate or their brother of a judicial position.