IBAHRI activities in Azerbaijan in 2018
December 2018:
Law students and the IBAHRI unite to organise the Law Days Forum in Azerbaijan
The Law Days Forum, held in December 2018, encouraged discussions among Azerbaijani law students on the situation of legal professionals in Azerbaijan and issues of gender equality.
The International Bar Association’s Human Rights Institute (IBAHRI) is committed to assisting young lawyers develop their careers in human rights law. In December 2018, the IBAHRI organised the Law Days Forum with law students from Baku, Azerbaijan. The forum consisted of two panels to discuss the situation of legal professionals in Azerbaijan and gender equality issues. The forum is part of our wider project to engage law students in human rights work, encourage them to be critical about the field and to lead progress.
Essay competition winner announced
Congratulations, Fidan, our first-prize winner, for producing a critical and thoughtful piece. The awards ceremony was held at the Law Days Forum in Baku, Azerbaijan alongside two panels discussing challenges for the country’s legal profession and gender equality issues.
In September 2018, the International Bar Association’s Human Rights Institute (IBAHRI) launched a competition to produce an essay in law for students and young professionals in Azerbaijan. This was the first of its kind for the IBAHRI and has been met with great interest. The first prize, chosen by an international panel of judges, would be a one-week internship in Europe in 2019. On the panel were the Director of the IBAHRI, a member of the Geneva Bar Association, academics based in the UK and Azerbaijan, and a European human rights lawyer.
The competition was tough and students were encouraged to introduce new ideas to the field. Each applicant confidently took up the challenge and produced thoughtful and engaging pieces. With an impressive number of the submissions, it was certainly difficult for the panel to pick a winner.
Nonetheless, the results have now been announced at the Law Days Forum, co-organised by the IBAHRI and law students in Baku, Azerbaijan. A huge congratulations to our winner, Fidan. Her highly intellectual piece impressed the judges with its complex and innovative arguments. Fidan’s exceptional creativity and passion will put her in good stead to excel in the internship.
Azerbaijani junior lawyer completes IBAHRI internship at London offices
During the three-month placement between October and December 2018 the young lawyer primarily worked on research and drafting for projects in Eastern Europe and Central Asia.
Earlier this year, the International Bar Association’s Human Rights Institute (IBAHRI) opened applications for an Azerbaijani law student to take up an internship placement at the IBA offices in London. The successful candidate was hosted between October and December 2018 and worked closely with Jurate Guzeviciute, the IBAHRI Programme Lawyer for Eastern Europe and Central Asia.
The intern conducted research, drafted letters and assisted with other elements of the IBAHRI’s work in the region. She was highly engaged and able to contribute a great deal of critical and innovative thought. The placement was grant-funded as part of the IBAHRI’s wider work on engaging young Azerbaijani lawyers in human rights.
Mammadov v Azerbaijan: IBAHRI submits third-party intervention to the European Court of Human Rights
The IBAHRI drew attention to the fundamental principles of the independence of the legal profession and the need for protection of lawyers’ freedom of expression to defend human rights. The case concerns disciplinary proceedings against a lawyer who had submitted a procedural criticism against the head of one of the Azerbaijani Bar Association’s legal counselling centres.
In 2012, Afgan Mammadov and a group of other lawyers submitted a complaint to the Azerbaijani Bar Association (ABA) regarding alleged abuse of power by the head of one of the ABA’s legal counselling centres. The allegations included acts of corruption and illegally selling official documents authorising the representation of clients in court.
The ABA subsequently removed Mr Mammadov, along with others in the group, from their cases at the legal counselling centre. Mr Mammadov appealed the actions against him and criticised the de facto Chair of the ABA, Mr Azar Taghiyev, to the media. A disciplinary investigation was then opened against Mr Mammadov. The ABA decided to request from the court his disbarment on the basis that he had violated Articles 14 and 18 of the Law on Lawyers and Lawyers’ Activities and had slandered the head of the aforementioned legal counselling centre.
Mr Mammadov appealed his disbarment all the way up to the Supreme Court of Azerbaijan, however the ruling sided with the ABA’s decision with little to no justification produced. As domestic remedies had been exhausted, a case was brought to the European Court of Human Rights (ECtHR) for violations of Articles 6(1) (fair and public hearing), 10 (freedom of expression), 11 (freedom of assembly and association) and 18 (limitation on the use of restrictions on rights) of the European Convention on Human Rights (ECHR).
In December 2018, the International Bar Association’s Human Rights Institute (IBAHRI) submitted a third-party intervention in the proceedings, citing the importance of the independence of the legal profession and the need for lawyers’ freedom of expression to defend human rights.
International standards prescribe that lawyers must be able to make procedural criticisms in order to improve the functionality of the legal profession. The IBAHRI is concerned that disbarment of Mr Mammadov amounts to a serious threat against the vital role of lawyers in the justice system and the independence of the legal profession as a whole in Azerbaijan.
Gender equality and non-discrimination discussed in training hosted by Khazar University
The training held in December 2018 gave Azerbaijani law students the opportunity to engage in discussion on specific legal and social issues.
As the year winds to a close, the International Bar Association’s Human Rights Institute (IBAHRI) has held a final training for Azerbaijani law students before the new year. Previous trainings have covered introductions to human rights law1 and international mechanisms2 for the protection of rights.
The IBAHRI decided to hone in on specific issues in the two-day training, which was held in Khazar University in Baku, namely gender equality and non-discrimination. Gender-based violence is a prevalent issue in Azerbaijan and victims have few resources available to them. The IBAHRI has previously reported3 on the harassment and detention of LGBTQ+ persons in Azerbaijan, which was brought up during the discussions. The IBAHRI is grateful to those who attended and contributed to the discussions.
September 2018:
Education at the heart of human rights in Azerbaijan: the IBAHRI relaunches its Mentorship Programme
For the second year running, the IBAHRI is holding its Mentorship Programme for junior and senior Azerbaijani lawyers. The project aims to inspire a new generation of human rights lawyers and provide senior lawyers with fresh takes on the field.
The International Bar Association’s Human Rights Institute (IBAHRI) launched its first Mentorship Programme in the summer of 2017 for Azerbaijani law students and legal professionals. Due to the exceptionally positive feedback received from those involved, in September 2018 the IBAHRI has relaunched the programme for another year.
The programme, which partners junior and senior Azerbaijani lawyers and will be running until February 2019, aims to facilitate the sharing of experiences and information on human rights between the two groups. Senior lawyers are able to listen to the refreshing ideas of the younger generation, while the twelve junior lawyers are able to obtain greater exposure to the reality of work in the field of human rights.
Learning cannot be confined to a classroom and the IBAHRI believes that projects such as this are vital to the sustainability and progression of human rights around the world. Each participant comes with a different background, different ideas and different passions. Each leave with an enriched knowledge of local and global issues.
The IBAHRI is strongly committed to supporting young Azerbaijani lawyers interested in human rights work and will be expanding its engagement with them through the rest of this year.
‘Ensure the principle of independence is implemented in practice’, the IBAHRI issues a statement on Azerbaijan at the UN Human Rights Council Session
Watch the live stream of the International Bar Association’s Human Rights Institute’s (IBAHRI) statement here. The legal profession in Azerbaijan is facing a multitude of threats, including arbitrary disciplinary measures, harassment and violations of the key principles of lawyer-client confidentiality.
Arbitrary disbarment, harassment and violation of the principle of lawyer-client confidentiality are some of the many threats faced by the legal profession in Azerbaijan. In September 2018, the Azerbaijani state authorities requested for lawyer’s Elchin Sadygov’s disbarment through the Azerbaijani Bar Association. A year earlier, the Azerbaijani Bar Association suspended the licence of Nemat Karimli for a critical statement he made before the media on a case he was working on.
The International Bar Association’s Human Rights Institute (IBAHRI) presented these concerns as key threats to the protection of human rights and the rule of law in Azerbaijan before the 24th Meeting of 39th Regular Session of the United Nations (UN) Human Rights Council. As part of the meeting, participating actors were able to address the outcomes of the Universal Periodic Review (UPR) of Azerbaijan earlier in the year.
Member States of the UN have their human rights records evaluated under cycles of the UPR. The UN describes the process as ‘State-driven … under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations.’ Included in the procedure is the opportunity for civil society stakeholders to contribute shadow reports on the State under review.
The IBAHRI had submitted its shadow report on the human rights situation in the country towards the end of 2017. We also facilitated the attendance of ten Azerbaijani lawyers to the UPR pre-session in April 2018.
Watch the live stream of the statement here.
Azerbaijan agrees to adopt UPR recommendations on protection of the legal profession
The UPR recommendations include protecting the rights of lawyers and advancing the independence of the judiciary. The IBAHRI welcomes Azerbaijan’s adoption of the recommendations and will continue to monitor the State’s implementation.
Member States of the United Nations have their human rights records evaluated under cycles of the Universal Periodic Review (UPR). The UN describes the process as ‘State-driven … under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations.’ Included in the procedure is the opportunity for civil society stakeholders to contribute shadow reports on the State under review.
During the 30th session of the UN’s UPR Working Group in May 2018, Azerbaijan was up for its third review. The International Bar Association’s Human Rights Institute (IBAHRI) had submitted its shadow report4 on the human rights situation in the country towards the end of 2017.
The IBAHRI welcomes Azerbaijan’s acceptance of a number of the State recommendations relating to the legal profession. These include:
- Protecting the independence, impartiality and transparency of the judicial system
- Protecting the rights of lawyers, including from harassment, threats, interference and obstruction in conducting their professional duties
- Prevent arbitrary disciplinary proceedings against lawyers and the arbitrary disbarment of lawyers, including by amending the Law on Advocates and Advocates’ Activities
- Improve access to justice, including by increasing the number of qualified lawyers and amend the selection process for qualification
These are all significant issues faced by the legal profession in Azerbaijan today. Intigam Aliyev, an Azerbaijani human rights lawyer, was sentenced in 2015 to 7.5 years in prison on charges of tax evasion and illegal business in a highly politically motivated trial. The Supreme Court later reduced this to 6 months. In November 2017, a lawyer named Yalchin Imanov5 had his license suspended for speaking publicly about the alleged use of torture on his clients in Gobustan prison. In January 2018, another lawyer, named Fakhraddin Mehdiyev6, had his license suspended because he spoke publicly about a politically sensitive case he was working on. Legal professionals in Azerbaijan also report being targeted with travel bans or other ways of harassment.
The IBAHRI will continue working to monitor the implementation of the recommendations and the situation for legal professionals in the country.
August 2018:
Azerbaijani students conduct a peer-to-peer training on UN human rights mechanisms
With the support of the IBAHRI, the junior lawyers that took part in the UPR pre-session in Geneva in May 2018, held the workshop for their peer colleagues. The workshop, which took place in August 2018, covered the UN human rights system and the specifics of the advocacy work .
Following a successful week of training and advocacy activities in Geneva in May 2018 (before the Human Rights Council session to review Azerbaijan under the Universal Periodic Review), the International Bar Association’s Human Rights Institute (IBAHRI) facilitated an additional workshop on the human rights mechanisms of the United Nations (UN) to more Azerbaijani students. The junior lawyers who went to Geneva took the role of trainers and shared their experience with their fellow students and colleagues. The UPR procedure is conducted by the UN Human Rights Council and assesses the human rights standards within each State.
The August training covered various aspects of the UN’s human rights work, including the Convention and Committee against Torture, the Convention and Committee on the Elimination of all Forms of Discrimination against Women, and Convention and Committee on the Rights of the Child.
The young lawyers consistently show exceptional initiative and fervent ambition in their work. These lawyers will undoubtedly be leading the change in the future.
July 2018:
Azerbaijani law students get hands-on human rights training with the IBAHRI
The IBAHRI brought in international and local experts to engage young lawyers in human rights casework. Twenty-two Azerbaijani students took part in the week-long training held in July 2018 and excelled in the group debates.
‘Human rights education constitutes an essential contribution to the long-term prevention of human rights abuses and represents an important investment in the endeavour to achieve a just society in which all human rights of all persons are valued and respected.’
The United Nations Human Rights Office of the High Commissioner
The International Bar Association’s Human Rights Institute (IBAHRI) believes wholeheartedly in the importance of engaging young people in human rights work. In July 2018, we arranged a training week in Tbilisi, Georgia for a group of 22 Azerbaijani law students. The local and international experts facilitating the workshops formed close bonds with the students who were all eager to question and debate.
During the week, students engrossed themselves in casework and mock trials, presenting as both the defence and prosecution. The IBAHRI strongly believes that this form of hands-on learning is essential to any education in human rights. The students were far from passive learners, they critiqued and got creative with their input. They anticipated opposing arguments and formulated complex cases to support their positions.
Unfortunately, human rights law is treated with little value in Azerbaijan’s legal education system. The training week showed, however, that this has not stemmed the interest of Azerbaijan’s young people in defending and protecting human rights values. The IBAHRI looks forward to its continued work with the group.
May 2018:
Azerbaijani lawyers attend UN UPR pre-session in Geneva, facilitated by the IBAHRI
The International Bar Association’s Human Rights Institute (IBAHRI) in partnership with the Freedom House facilitated the attendance of ten Azerbaijani lawyers at the pre-session to the United Nations Universal Periodic Review Working Group. Azerbaijan is up for its third cycle before the Working Group in May 2018.
Member States of the United Nations have their human rights records evaluated under cycles of the Universal Periodic Review (UPR). The UN describes the process as ‘State-driven … under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations.’ Included in the procedure is the opportunity for civil society stakeholders to contribute shadow reports on the State under review.
In May 2018, during the 30th session of the UN’s UPR Working Group, Azerbaijan is up for its third review. The International Bar Association’s Human Rights Institute (IBAHRI) had submitted its shadow report on the human rights situation in the country towards the end of 2017.
In April 2018, the IBAHRI in partnership with the Freedom House facilitated the attendance of ten Azerbaijani lawyers – 5 junior and 5 senior – at the UPR pre-session in Geneva, Switzerland. The lawyers, first, underwent a two-day UN human rights training, and then engaged in advocacy with key UN representatives and country delegations.
Many lawyers in Azerbaijan face frequent harassment and threats of disbarment or worse. The lawyers who attended the pre-session brought with them astounding strength and commitment to their causes. The IBAHRI is honoured as always to work with such a commanding group of practitioners.
1Azerbaijani Law Students Get Hands-On Human Rights Training with the IBAHRI’
2A Thirst for More: Azerbaijani Students Undertake Additional Training on UN Human Rights Mechanisms
3www.ibanet.org/Article/NewDetail?ArticleUid=66f41835-2c13-4633-b564-08fec432a72f
4 www.ibanet.org/Article/NewDetail?ArticleUid=4e3f4787-656c-4bb1-ac8c-a3ba503030ad
5 www.ibanet.org/Article/NewDetail?ArticleUid=4FBB3E64-C89D-44AC-A165-339F854BD74B
6 www.ibanet.org/Article/NewDetail?ArticleUid=468f15c6-f397-43ea-8796-86583b43287e