Şübhəli şəxsin tutulmadan dərhal sonra xəbər verməsi hüququ-müdafiənin zəruri tərkib hissəsi kimi

This article attempts to comprehensively explore the legal grounds and regulations of the right to notify someone of a detention immediately after detention, as reflected in Articles 90.7.5 and 153.2.4 of the Criminal Procedure Code of the Republic of Azerbaijan (hereinafter CPC), as well as its direct connection with the right to defense and its role as an integral part of that right. Within the context of the identified legal regulations, it is discussed that this right should not only be considered an independent legal norm but also provided as a procedural safeguard equivalent to the right to receive high-quality legal assistance, which is another component of the right to defense. The right to inform someone immediately after detention is regarded as an inseparable element of the right to defense. This is because the detention procedure must be carried out not only with the involvement of the detained person or their defense attorney but also through the application of other legal procedures that ensure the right to defense. This is not merely a formal requirement but a mechanism that safeguards the individual’s right to defense and prevents violations of their rights. Failure to properly guarantee a person’s rights during detention can directly affect their right to defense and, in some cases, lead to violations of their rights, which may result in them being left without proper defense during the trial. The article discusses how the failure to ensure this right affects individuals’ legal status, its impact on the right to defense, and the practical challenges encountered in implementing detention procedures. In particular, attention is drawn to the legal consequences of detention and practical issues related to ensuring the overall right to defense in accordance with relevant legislation. In addition, the article discusses new approaches aimed at strengthening human rights and freedoms and enhancing the transparency of legal procedures. These approaches aim not only to make the application of the law more effective but also to develop it in line with modern standards in terms of protecting citizens’ rights and ensuring legal justice. Based on existing practices, the article outlines the possibilities of developing and optimizing legal defense mechanisms, and how their effective implementation may eliminate many of the challenges faced by defense attorneys. It provides a detailed analysis of how normative acts are applied in specific situations, how this right is ensured in practice, and related legal defense issues. Finally, the article outlines the opportunities that steps toward improving and optimizing legal defense mechanisms may provide in terms of ensuring the effectiveness of the right to defense, improving the quality of legal assistance, and guaranteeing the protection of citizens’ rights. It highlights the importance of ensuring human rights and freedoms, the implementation of the right to defense, and strengthening the role of legal defense not only in terms of enhancing the activity of the legal profession but also in making the state’s legal mechanisms more transparent and fair. Keywords: right to notification, suspect, arrest, right to defense, defense counsel, quality legal assistance, legal guarantees, actual deprivation of liberty.