At present, certain safeguards for whistleblowers are already provided for under the Law on Combating Corruption (Korrupsiyaya qarşı mübarizə haqqında). In particular, the law provides for the confidentiality of information about the reporting person, prohibits threats and other forms of pressure, and protects employees against retaliation by employers. If an employee presents evidence that such measures were taken against them in connection with a corruption report, the burden of proving otherwise rests with the employer. The law also establishes procedures for registering and reviewing reports and allows security measures to be applied to the reporting person and a close relative where there is a real threat.
The new bill, “On Incentivising and Protecting Persons Reporting Corruption-Related Offences” (Korrupsiya ilə əlaqədar hüquqpozmalarla bağlı məlumat verən şəxslərin həvəsləndirilməsi və müdafiəsi haqqında), which was considered on 6 October at a joint meeting of the Milli Majlis Committees on Defence, Security and Counter-Corruption and on Legal Policy and State-Building, is intended to consolidate these mechanisms in a separate law and expand the safeguards available to reporting persons.
In particular, persons reporting corruption will additionally be entitled to:
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receive confidential advice;
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obtain professional legal assistance at the expense of the state and be exempt from court costs;
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receive compensation for material and moral damage;
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request security measures not only for themselves and their close relatives, but also for other relatives.
If a reporting person, their close relative or another relative suffers bodily injury in connection with a corruption report, the bill provides for a one-off payment of AZN 10,000; if any of these persons dies, their family will receive AZN 20,000.
The existing 20-working-day period for reviewing reports is proposed to remain unchanged. Where additional materials or information are required, the head of the organisation will be able to extend this period by a further 10 working days.
The bill also provides for financial rewards for persons whose information is substantiated. The amount will be determined taking into account the nature and number of offences identified, the significance of the information provided, the damage caused and the amount of assets recovered, and may not exceed 25 times the minimum wage.
If a report results in criminal proceedings that end in a conviction or another final decision, the reporting person may also receive 5% of the funds recovered through special confiscation, transferred to the state budget or obtained as compensation for damage caused to the state, after deduction of the relevant expenses.
The bill separately regulates the disclosure of restricted information. A report containing professional, commercial, investigative or judicial secrets, as well as information concerning private and family life, will not be regarded as unlawful disclosure of such information. At the same time, knowingly false or defamatory information submitted to protect personal interests or obtain unlawful benefits will not be treated as a report of a corruption-related offence.
The development of a separate law is envisaged by Azerbaijan’s National Action Plan for Strengthening the Fight Against Corruption for 2022–2026. The bill has now been submitted for consideration at first reading.