Is Secret Voice Recording Admissible as Evidence in Court in Azerbaijan?

Determining whether secret voice recordings can be used as evidence in Azerbaijani courts requires a careful analysis of national legislation and the Constitutional Court’s practice. Traditionally, secretly recorded conversations were considered a violation of personal privacy and thus inadmissible in court. However, later legal practice, particularly rulings by the Constitutional Court, clarified this issue.

Requirements Under the Civil Procedure Code

According to Article 76.3 of the Civil Procedure Code of the Republic of Azerbaijan (CPC), evidence obtained in violation of the law is inadmissible. This provision primarily protects individuals’ constitutionally guaranteed rights, including the right to personal integrity and privacy.

Article 95 of the Civil Procedure Code of the Republic of Azerbaijan further states that any party submitting voice or video recordings must provide information on when, by whom, and under what circumstances the recording was made. Moreover, except for cases explicitly allowed by law, secret recordings cannot be used as evidence in court.

Constitutional Court Practice

A significant turning point in this issue is the practice established by the Constitutional Court. According to the Court:

• Conversations recorded by a party reflecting the statements of the other party, which relate to a legal dispute, cannot automatically be considered an infringement on personal privacy.
• Such conversations are not confidential between the parties and do not differ from written communications regarding the legal matter.
• Therefore, discussions between directly involved parties can be admitted as evidence in civil disputes without falling under Article 76.3 of the CPC, which prohibits unlawfully obtained evidence.

Conclusion: If an audio recording relates directly to a contract or obligation and is recorded by one of the involved parties, it can be considered admissible evidence in civil cases. This is particularly relevant for disputes regarding oral contracts or performance of obligations.

Secret voice recording and Privacy

The Constitutional Court’s approach carefully balances the right to protect one’s private life with the ability to exercise procedural rights.

Constitutional Guarantees

Article 32 of the Constitution of the Republic of Azerbaijan provides:

• No one may collect, store, use, or disseminate information about a person’s private life without their consent.
• Except as provided by law, no one can be monitored, recorded, or exposed to audio/video surveillance without their knowledge or consent.

This establishes the principle that interference with personal life, including secret recordings, is generally impermissible.

Can Secret Audio Recording Lead to Criminal Liability?

Secret recordings can also have criminal-law implications:

• The Criminal Code addresses violations of personal privacy, such as listening to or recording someone else’s phone conversations or collecting confidential information.
• However, if the recording captures a discussion strictly related to a dispute (e.g., a debt acknowledgment between the parties), it is not considered a criminal offense. The key factors are whether the information is genuinely private and the purpose of the recording.

Technology and the Law

Using applications such as call recorders to secretly record someone’s private life without consent is prohibited unless explicitly allowed by law. Collecting or using such information violates personal privacy rights.

Final Legal Considerations

The admissibility of secret audio recordings in civil court depends on two main factors:

1. Content and Purpose of the Recording: If the recording relates directly to a contractual obligation or legal claim (e.g., acknowledgment of debt or contract negotiations) and does not involve personal secrets, it may be admitted as evidence in line with Constitutional Court practice.
2. Person Making the Recording: If the recording is made by one of the conversation participants, it is generally not considered a violation of privacy.

According to Article 95 of the CPC, courts must verify the circumstances and legitimacy of such recordings before accepting them as evidence.

Important Note: Listening to phone calls or making audio/video recordings does not grant the right to interfere in someone else’s private life. Personal privacy is protected by law. In civil disputes, secret or unauthorized recordings are generally prohibited and may carry criminal consequences.

To understand your legal rights and defend them effectively, you can benefit from the legal services offered by ARBITRO, including representation in court and administrative matters.