International Federation
for Human Rights

AZE 004 / 0215 / OBS 009
Judicial harassment
Azerbaijan
February 4, 2015
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The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Azerbaijan.

Description of the situation:

Mr. Khalid Bagirov is now facing disbarment charges, following disciplinary proceedings requested by the Presidium of the Azerbaijan Bar Association (ABA) to the Nizami District Court, on allegations of inappropriate behaviour in court. The Observatory strongly fears that such proceedings only aim at hindering his ability to carry out his human rights activities as a lawyer, and in particular to defend the above-mentioned human rights defenders in courts.

During a preliminary hearing scheduled on February 2, 2015, all the motions filed by Mr. Bagirov were denied.

Firstly, the Court refused to grant him the 5-10 minutes break he requested to familiarise himself with the protocols of the preparatory hearing.

Secondly, Mr. Bagirov argued that although the ABA is a legal entity according to article 9 part 2 of the Law on Lawyers Activities, its Presidium has no legal personality, and therefore does not possess any civil-procedural action capacity (as provided by article 259.0.2 of the Civil Procedure Code of the Azerbaijan Republic[6]). However, the Court also rejected this motion.

Thirdly, Mr. Bagirov’s request to replace the wrong plaintiff, i.e. the Presidium, by the right plaintiff, i.e. the ABA itself as a legal entity, was not satisfied either. Rather, the Court followed the Presidium representative’s comment that the lawsuit had been filed by the right plaintiff.

Finally, Mr. Bagirov further demonstrated that the present case did not fall within the jurisdiction of civil courts as defined by the Azerbaijan Civil Procedure Code, and requested the Nizami District Court to refer the matter to the Baku Administrative Economic Court. However, his argument was also rejected by the Court.

The next hearing has been scheduled for February 13, 2015.

The Observatory highlights that the accusations against Mr. Bagirov and the judicial harassment he has been facing bring serious concerns on the independence of the Azerbaijan Bar Association (ABA) as well as on its ability to protect the interests of the legal profession in the country. This is indeed not the first time that the ABA has attempted to revoke Mr. Bagirov’s license. In August 2011, his license was suspended for a year after he was accused of “spreading information discrediting the police”. Mr. Bagirov’s license to practice was removed once again on December 10, 2014 after he questioned the fairness of the trial of one of his clients, Mr. Ilgar Mammadov, and the government’s influence over courts.

The Observatory is deeply concerned for the disbarment charges against Mr. Bagirov as well as for the number of violations of fair trial standards that occurred during the preliminary hearing, and deems that these actions only aim at hindering his legitimate professional activities as a human rights lawyer.

Action requested:

Please write to the authorities in Azerbaijan, urging them to:

I. Immediately drop all the accusations against Mr. Khalid Bagirov, immediately return his lawyer’s license, and put an end to any obstacle to the exercise of his professional activities;

II. Put an end to any kind of harassment - including at the judicial level - against Mr. Khalid Bagirov, and more generally against all human rights defenders in Azerbaijan;

III. Ensure the right to a fair trial, to the presumption of innocence and to the equality of arms is fully respected during all trials against human rights defenders in Azerbaijan.

IV. Conform with the provisions of all international and European human rights instruments ratified by Azerbaijan, including article 14 of the International Covenant on Civil and Political Rights, which states that “all persons shall be equal before the courts and the tribunals” and that “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”, as well as article 6 of the European Convention on Human Rights and Fundamental Freedoms, which states that “everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”;

V. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially:

– Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”;

– Article 5, which underscores the right of every individual to form, join, and participate in non-governmental organisations; and

– Article 12.2, which provides that the State shall “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights”;

vi. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Azerbaijan.

Addresses:

· Mr. Ilham Aliyev, President of the Republic of Azerbaijan, Office of the President of the Republic of Azerbaijan, 19 Istiqlaliyyat St., Baku AZ1066, Azerbaijan, Fax: (+994) 12 492 06 25, (+994) 412 92 28 68, E-mail: office@pa.gov.az, office@apparat.gov.az

· Mr. Zakir Garalov, Prosecutor General of the Republic of Azerbaijan, Prosecutor’s Office, 7 Nigar Rafibeyli St., Baku, Azerbaijan, Fax: (+994) 12 492 06 82, (+994) 12 492 26 63, E-mail: z.qaralov@prosecutor.gov.az, info@prosecutor.gov.az

· Mr. Eldar Mahmudov, Minister of National Security, Ministry of National Security of the Republic of Azerbaijan, Parliament Avenue 14, Baku AZ1006, Azerbaijan, Fax: (+994) 12 493-76-22, E-mail: cpr@mns.gov.az

· Mr. Ramil Usubov, Minister of Internal Affairs, Ministry of Internal Affairs of the Azerbaijani Republic, Fax: (+994) 12 492 45 90

· Mr. Elmar Mammadyarov, Minister of Foreign Affairs, Ministry of Foreign Affairs of the Republic of Azerbaijan, E-mail: katiblik@mfa.gov.az

· Mr. Fikrat F. Mammadov, Minister of Justice in Azerbaijan, Inshaatchilar Prospekti, 1 Baku, Azerbaijan, e-mail: contact@justice.gov.az; Fax (+994) 12 430 09 81

· President of the Bar Association of the Republic of Azerbaijan 32 S. Vurgun street, Baku, AZ 1000 , E-mail : office@barassociation.az

· H.E. Mr. Murad N. Najafbayli, Ambassador, Permanent Mission of Azerbaijan to the United Nations in Geneva, Route des Fayards 237, CH-1290 Versoix, Switzerland, Fax: (+41) 22 901 18 44, E-mail: geneva@mission.mfa.gov.az

· Embassy of Azerbaijan in Brussels, Avenue Moliere 464, 1050 Brussels, Belgium, Fax: (+32) 2 345 91 85

Please also write to the diplomatic missions or embassies of Azerbaijan in your respective country as well as to the EU diplomatic missions or embassies in Azerbaijan.

***

Paris-Geneva, February 4, 2015

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, an OMCT and FIDH venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

To contact the Observatory, call the emergency line:

E-mail: Appeals@fidh-omct.org

Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80

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[1] Ms. Leyla Yunus is the Director of the Institute of Peace and Democracy (IPD) and a member of OMCT General Assembly. She is currently in pre-trial detention.

[2] Mr. Arif Yunusov is the Head of the Conflictology Department of IPD. He is currently in pre-trial detention.

[3] Mr. Rasul Jafarov is the Head of the Human Rights Club and was an active participant in "Sing for Democracy" and "Art for Democracy" campaigns. He is currently in arbitrary detention and his trial is ongoing.

[4] Mr. Mammadov is currently serving a seven-year prison sentence for "organising mass disturbances" and "resisting the police". On May 22, 2014, the European Court of Human Rights held Azerbaijan responsible for violating articles 5§1 §4, 6§2 and 18 of the Convention in arresting and sentencing Mr. Mammadov.

[5] Mr. Intigam Aliyev is a human rights lawyer, Head of the Legal Education Society. He is currently in arbitrary detention and his trial is ongoing.

[6] This article provides that “the court shall leave petition without consideration where a petition is filed by a person lacking action capacity”.