According to articles 11.1 and 11.2 of the Azerbaijan Republic Law “On extradition of persons, having committed crimes”, a person whose extradition has been suspended, may be temporarily extradited for the execution of undelayable legal proceedings in the territory of a foreign state. A temporary extradition is proceeded in compliance with the extradition rules established by the law. A person should be returned to the Azerbaijan Republic upon the completion of execution of the legal proceedings on a case, but not later than within three months since a temporary extradition date.
According to article 10.1 of the Azerbaijan Republic Law “On extradition of persons, having committed crimes”, if a person whose extradition is inquired by a foreign state has been brought to criminal liability or is serving penalty in the territory of the Azerbaijan Republic, his/her extradition may be suspended until the completion of criminal prosecution or until the end of inflicted penalty serving.
According to article 9 of the Azerbaijan Republic Law “On extradition of persons, having committed crimes”, a person towards whom the stipulated in the law measures on extradition are cartried out, has the right to establish an undelayable contact and meet with an official representative of a state, a citizen of which he/she is or with a person standing in this quality. The right for protection of a person towards whom the stipulated in the law measures on extradition are cartried out and his/her other rights are provided in compliance with the legislation of the Azerbaijan Republic.
According to article 4 of the Azerbaijan Republic Law “On extradition of persons, having committed crimes”, a person extradited based on the request of a foreign state, can be prosecuted in the order stipulated in the legislation of a given state only for the commitment of a crime, which is the reason for his/her extradition. An extradited person cannot be brought to criminal liability or sent to the third state without consent of the Ministry of Justice of the Azerbaijan Republic for a crime committed before the extradition and not being the reason for an extradition. The consent for bringing a person to criminal liability for an act not stipulated in an extradition inquiry can be given only taking into account the requirements of the mentioned law. In case if an extradited person does not leave the territory of an inquiring state within a five-day term after the penalty expiry or release from the confinement serving based on the grounds stipulated by the law and afterwards voluntarily returns there, the consent of the Azerbaijan Republic for his/her bringing to criminal liability or sending to the third country is not necessary. The time, during which an extradited person cannot leave the territory of an inquiring state on valid reasons is not included in the mentioned term.
According to article 3.2 of the Azerbaijan Republic Law “On extradition of persons, having committed crimes”, extradition may be rejected in the following cases: 1) If a crime serving as the reason for extradition of a person assumes death penalty by the legislation of an inquiring foreign state; 2) If there are sufficient grounds to assume that as a result of extradition, a person will be exposed to tortures or inhuman and degrading treatment or punishment in an inquiring state; 3) If there are sufficient grounds to assume that as a result of extradition, an inquired person will be exposed to the persecution in connection with race, nationality, language, religion, citizenship, political views or sex. 4) If a crime serving as the reason for extradition of a person has been committed outside the boundaries of an inquiring foreign state and the legislation of the Azerbaijan Republic does not stipulate criminal prosecution for the given crime; 5) If a person has been brought to criminal liability in the territory of the Azerbaijan Republic in connection with a crime, serving as the reason for an extradition; 6) If there are sufficient grounds to assume that a person’s extradition will cause damage to the sovereignty, safety, and other important interests of the Azerbaijan Republic; 7) If there is permission on the dismissal of criminal prosecution for a crime serving as the reason for a person’s extradition according to the legislation of the Azerbaijan Republic.
According to article 3.1 of the Azerbaijan Republic Law “On extradition of persons, having committed crimes”, an extradition is rejected in the following cases: 1) if an inquired person is a citizen of the Azerbaijan Republic during the solution of the matter on his/her extradition; 2) if a political asylum in the territory of the Azerbaijan Republic in the order established by the law is provided to a person whose extradition is inquired; 3) if an act serving as the reason for an extradition and commited by a person whose extradition is inquired, has been recognized by the Azerbaijan Republic as a political crime. 4) if a crime serving as the reason for an extradition has been committed in the territory of the Azerbaijan Republic. 5) if a valid court’s verdict for a crime serving as the reason for an extradition has been brought in the territory of the Azerbaijan Republic. 6) if the terms of bringing to criminal liability or the execution of an accusatory verdict have expired according to the legislation of the Azerbaijan Republic or an inquiring foreign state. 7) if a crime serving as the reason for an extradition is stipulated in the legislation of a foreign state as a crime against military service and does not contain the components of another crime not connected with military service. 8) if a state inquiring the extradition of persons having committed crimes does not respect the principle of mutual aid.