ICJ concerned about disbarment of lawyer in Azerbaijan

The ICJ said:

Khalid Baghirov had been accused of the use of improper expressions and inappropriate behaviour, following statements he made in a hearing before Sheki Appeal Court, alleging that the judge in the case was biased.

On 2 February 2015, the ICJ observed the disciplinary hearing in the case of Khalid Baghirov before the Nizami District Court of Baku.

The Court’s decision, on 10 July 2015, follows the disbarment earlier this month of lawyer Alaif Ghasanov, for making a public statement about the conditions of detention of one of his clients, Leyla Yunus, a prominent human rights defender currently held in detention.

There are grounds to believe that Khalid Baghirov’s disbarment is in retaliation for his representation of clients in high profile cases, including prominent human rights defenders.

"Disbarments such as this have a chilling effect on the work of other lawyers, sending a signal that they may be penalized for discharging their functions independently and in accordance with international standards on the role and duties of the legal profession,” said Róisín Pillay, Director of the ICJ Europe Programme.

"Without independent legal representation, those who come before the courts cannot receive a fair trial and the system’s capacity to fairly administer justice under the rule of law is undermined,” she added.

Access to effective and independent legal assistance is an indispensable element of the right to a fair trial, guaranteed under the European Convention on Human Rights and the International Covenant on Civil and Political rights, to which Azerbaijan is a party.

The ICJ affirms that freedom of expression of lawyers constitutes an essential requirement for the proper functioning of the legal profession.

Article 23 of the UN Basic Principles on the Role of Lawyers states that lawyers: "[…] have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization.”

The European Court of Human Rights commented in its recent decision in Moris v France that where a lawyer makes statements regarding the functioning the judiciary, a matter of public interest, little room is left for restrictions on such comments which are protected pursuant to the right to freedom of expression.

In particular, the Court held that "[…] a lawyer should be able to draw the public’s attention to potential shortcomings in the justice system; the judiciary may benefit from constructive criticism”.

The ICJ calls on the public authorities of Azerbaijan as well as the Azerbaijan Collegium of Lawyers to ensure that lawyers, including those representing opposition leaders or human rights defenders, are not identified with their clients’ causes and are able to discharge their functions freely without any fear of persecution, harassment or improper interference.