Tactics and tools for the protection
of Human Rights Defenders

26 September 2011

Description of the situation:

Mr. Namazov started practicing as a lawyer in 2005. He has defended several political opponents to the current Azerbaijani regime, notably activist and journalist Ramin Bayramov.

In the past year, Mr. Namazov has received several threats from Azerbaijani authorities as well as from the Azerbaijan Bar Association.

In February 2011, the Ganja City Police Department threatened to incarcerate him because he was defending young blogger and activist Bakhtiyar Hajiyev. In March, April and June 2011, the Bar Association of Azerbaijan summoned him and warned him that he would be disbarred if he continued to defend political activists. In August 2011, those threats were reiterated by employees of the Ministry of National Security: Mr. Namazov was told to stop defending journalist Ramin Bayramov as he would otherwise be disbarred.

On August 27^th, 2011, Nasimi District Court Judge Shahin Abdullayev dismissed Mr. Namazov from the case of Rufat Hajibeyli, a young activist and opponent to the regime. This dismissal was the result of an argument between Mr. Namazov and Judge Abdullayev. Mr. Namazov indeed protested against the judge and his “unfair decisions”. As a result Judge Abdullayev opened a criminal case against Mr. Namazov for “contempt of court” under articles 289.1 and 289.2 of the Azerbaijan Criminal Code. Judge Abdullayev also ordered the Azerbaijan Bar Association to pass sanctions against Mr. Namazov.

As a result, on 14^th September 2011, the disciplinary commission of the Azerbaijan Bar Association found that Mr. Namazov’s “had violated his professional ethics”. The Commission then transferred the complaint to the Presidency of the Bar Association, which decided to disbar Mr. Namazov on September, 16^th, 2011.

Mr. Namazov believes that the various and recurring forms of harassment against him are politically motivated and that he is being persecuted for his consistent defense of political opponents.

These events fall within a context of recent intensification of repression against human rights lawyers in Azerbaijan. In the past year, several lawyers have faced harassment and arbitrary sanctions from Azerbaijani authorities and the Azerbaijan Bar Association: detention, trials, and disbarments. In May, 2011, Lawyer Vidali Isganderov was arrested on his way to a protest and sentenced to two-month imprisonment. A criminal case was also launched against him. Lawyer Isakhan Ashurov has received several death threats due to his involvement in human rights and corruption cases. Human rights defenders in general are harassed by authorities.

Appeal of the International Observatory for Lawyers:

The Observatory would like to recall that the independence of lawyers is one of the core principles of democracy and of the effectiveness of the rule of law. The Observatory would like to draw

Azerbaijani authorities’ attention to the Basic Principles on the Role of Lawyers which were adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana (Cuba) from 27 August to 27 September 1990.

Principle 16

“Governments shall ensure that lawyers ( a ) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( b ) are able to travel and to consult with their clients freely both within their own country and abroad; and ( c ) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics”.

Principle 18

“Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions”

Principle 19

“No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles”

Principle 28

“Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review”

The International Observatory for Lawyers urges:

-Azerbaijani authorities to immediately put an end to all criminal and disciplinary procedures against Mr. Namazov, and to urgently cease to harass lawyers in Azerbaijan.

Azerbaijani authorities must guarantee the independence of lawyers and of their associations in Azerbaijan. They must cease to identify lawyers with the cause they are defending and accordingly, put an end to the harassment lawyers are facing in Azerbaijan.

-The Azerbaijan Bar Association, to cease to have recourse to arbitrary disciplinary proceedings against lawyers. The Azerbaijan Bar Association must fulfil the missions inherent to its functions, namely ensuring the independence and integrity of the legal profession, and it must not take over the procedures initiated by national authorities against lawyers in Azerbaijan.

-The United Nations, the European Commission and other international organizations to urgently call on Azerbaijani authorities and on the Azerbaijan Bar Association to put an end to all criminal and disciplinary procedures against Mr. Namazov, and to call on Azerbaijani authorities to urgently cease to harass lawyers.

-Other Bar Associations and lawyers’ organizations, to demonstrate their full support to Mr. Elchin Namazov and to use all available means to draw national authorities’ attention to Mr. Namazov’s case; to prompt the Azerbaijan Bar Association to cease to initiate arbitrary disciplinary proceedings against lawyers and to guarantee the independence of lawyers in Azerbaijan.

Please write to the following authorities :

1 / M. Ilham Aliyev, President of the Republic of Azerbaijan
Executive Administration of the President of the Republic of Azerbaijan:
Republic of Azerbaijan, Baku city, AZ1066, Istiglaliyyat street, 19, “The President Palace”
Fax: (0099412) 492 35 43, 492 06 25
office pa.gov.az

2/ M. Fikrat Mammadov, Minister of Justice of the Republic of Azerbaijan
Ministry of Justice of the Republic of Azerbaijan
Inshaatchilar ave. 1, Baku city, Azerbaijan
Tel: (99412) 430-01-16
Fax: (99412) 430-09-81
contact justice.gov.az

3/ Azerbaijan Bar Association
M. Azer Taghiyev, Chairman of the Azerbaijan Bar Association
akı şəhəri, Səməd Vurğun 32
Tel: (+99412) 494-08-70
dunyamin.novruzov bhm.az

4/ Permanent mission of the Republic of Azerbaijan to the United Nations

866 United Nations Plaza, Suite 560
New York, NY 10017
Telephone number: + 1 212 371-2559
Fax number: + 1 212 371-2784

azerbaijan un.int

5/ Permanent mission of the Republic of Azerbaijan to the Human Rights Council

Route des Fayards 237
1290 Versoix
Tel: +41 22 901 18 15
Fax: +41 22 901 18 44
geneva mission.mfa.gov.az

6/ EU Delegation to the Republic of Azerbaijan
Landmark III, 11th floor
90A Nizami Street
AZ1010 BAKU, Azerbaijan
Tel.: +99412-497-20-63
Delegation-Azerbaijan eeas.europa.eu

This document is a product of The International Observatory for Lawyers (IOL). It may not be reproduced except in its original form. The IOL disclaims all responsibility in the case of alteration of falsification made to this document.

Contacter l’Observatoire

Go to original article