Rights of Lawyers in Azerbaijan

  

April 6, 1999     URGENT ACTION


AZERBAIJANI SUPREME COURT RULES IN BAR'S FAVOR, FAILS TO ENFORCE DECISION;
ASLAN ISMAILOV APPEALS EXPULSION FROM BAR


Two legal cases reached the Supreme Court of Azerbaijan in recent weeks that
test the judiciary's will to defend the rights of lawyers who have
increasing come under fire since a post-election government crackdown on the
opposition begun last fall.  Although acknowledging the mistreatment of the
bar, the Court may not move to enforce its own rulings due to presidential
pressure.

Background

Acting on presidential and ministerial decrees issued in 1997 and 1998,
independent attorneys in Baku were able to obtain private licenses from the
Ministry of Justice and took on many of their country's controversial cases.
But with the emergence of the independent bar in Azerbaijan, the Ministry of
Justice moved to further silence outspoken attorneys and those who have
broken away from Azerbaijan's sole, officially-recognized bar association,
the Collegium of Lawyers.  In response, attorneys filed two separate
petitions against the Ministry of Justice, which has maintained tight
control over lawyers since the Soviet era, and which has recently hindered
their ability to represent clients in criminal court.

On December 1, 1998, the Minister of Justice of Azerbaijan issued a letter
(without the force of law) instructing the Ministry to strip lawyers of
their ability to perform legal services in criminal cases, although they had
originally obtained licenses from the Ministry. Some 90 independent
attorneys were thus banned from representing their clients in criminal
cases, which are the most lucrative and attractive for private lawyers. In
March 1999, a group of independent lawyers petitioned the Supreme Court to
decide on the legality of the Justice Ministry's letter in an effort to have
the ban lifted.

Court Rules in Favor of Independent Bar

According to one petitioner who was shown the text of the decision
privately, in late March of this year, the Supreme Court determined that the
letter was indeed illegal. However, to date the Court has failed to make
public its own crucial ruling. Its silence--which is so far unexplained and
represents a striking departure from normal practice--effectively prevents
licensed lawyers from reclaiming their full prerogatives as attorneys. It
also suggests ominously that not only lawyers, but even the country's
highest court have fallen victim to the government's intense pressure to
keep the criminal justice system in check.

Disbarred Lawyer Appeals

In a separate development, on April 2, Aslan Ismailov, a privately licensed
attorney, an outspoken civil rights defender, and former member of the
official Collegium of Advocates, filed a petition with the Court, asking for
a ruling on the fairness of his expulsion from the Collegium of Lawyers. On
or about March 18, the board of the Collegium, known as the presidium, had
voted to expel Mr. Ismailov from its ranks, making the unsubstantiated claim
that he had obtained his license to practice law illegally.  Without
membership in the Collegium, attorneys cannot represent clients in criminal
proceedings. (The presidium originally informed Ismailov in a meeting that
it was making the move to expel him due to his failure to inform them that
he was traveling to the U.S. on the League's invitation, a charge later
dropped in the version that became public. For further details, see the
International League for Human Rights' Urgent Action of March 22, 1999.)

By expelling Mr. Ismailov from the Collegium and rendering his law license
invalid, the government has stripped the country's most courageous lawyer of
his profession and his livelihood and has sent a threatening message to
others inclined to take on cases that challenge the government's human
rights practices.

How You Can Help

The Supreme Court is expected to rule on the validity of Ismailov's
expulsion by the end of April. The League appeals to all those concerned
about the Azerbaijan government's attempts to restrict the legal profession
to write to the Ministry of Justice, urging that Aslan Ismailov's right to
practice law be reinstated, and condemning the excessive regulation of the
independent legal profession. Letters may also be written to the Collegium
of Lawyers to urge that Aslan Ismailov be reinstated immediately; and to the
Supreme Court of Azerbaijan, respectfully urging a just and objective review
of  Mr. Ismailov's expulsion.  Letters should also call for the publicizing
of the Supreme Court's March ruling on the legality of the Justice Minister'
s December 1998 letter regarding privately licensed lawyers.

For additional background information, see the League's Urgent Actions of
March 2 and March 22, 1999 or contact [email protected]

Government Fax Numbers:

Heidar Aliyev, President of the Republic of Azerbaijan
Fax: +994 12 920625

Sudaba Hasanova, Minister of Justice
Fax: +994 12 934086

Azer Tagiev, Chairman of the Presidium of the Collegium of Lawyers of
Azerbaijan
Fax: c/o Ministry of Justice: +994 12 934086

Last updated:     April 12, 1999

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