The International Commission of Jurists (ICJ) deplores the arbitrary detention of Azerbaijan human rights lawyer Fariz Namazli by the State Security Service (SSS) on 31 August 2024.
He was detained without an official summons, and without being informed of the reasons for his detention. Namazli was released later that day without charge.
The ICJ is concerned that the arrest was intended as an extra-legal act of persecution solely in response to his legitimate professional and human rights work. It appears to be part of a wider strategy by Azerbaijan authorities to obstruct lawyers defending human rights and politically sensitive cases.
The ICJ calls for the immediate cessation of harassment of all independent lawyers and urges the responsible authorities to independently investigate the arbitrary arrest of Fariz Namazli.
The Azerbaijan Bar Association, of which Fariz Namazli has been a member since 2012, should take the necessary measures to protect the lawyers they represent and ensure a free and independent legal profession.
“This incident is but the latest in a series of attacks on independent lawyers and the legal profession in connection with politically sensitive cases as perceived by the authorities,” said Temur Shakirov, Director (ad interim) of the ICJ Europe and Central Asia Programme. “It is essential that Azerbaijan complies with its international obligations and ensures that legal professionals can carry out their work without fear of reprisal in line with UN Basic Principles on the Role of Lawyers.”
The ICJ emphasizes that lawyers play a crucial role in upholding the rule of law and protecting human rights, and any interference with their work undermines the independence of the justice system.
Fariz Namazli specializes in human rights cases, including strategic litigation before domestic courts and the European Court of Human Rights (ECtHR). His arrest and detention were procedurally arbitrary, as they were carried out without any stated reasons, and he was not informed of the reasons for his detention prior to being taken into custody. This violates the International Covenant on Civil and Political Rights and the European Convention on Human Rights, both of which Azerbaijan is a party to.
Background
On 31 August 2024, Namazli was approached by several individuals identifying themselves as officers of the SSS while dining with friends at a café in Baku. Without providing any explanation or allowing him to contact legal counsel or family members, these individuals confiscated his phone and ordered him to accompany them. Namazli was detained and transported to the SSS office, where he was interrogated for over three hours about matters related to his legal work.
Fariz Namazli has represented numerous individuals recognized as political prisoners, such as Khadija Ismayilova (Appl. Nos. 52270/13, 44031/17), and activists of the NIDA youth movement. His practice has regularly drawn the attention of Azerbaijan authorities due to his involvement in politically sensitive cases.
The UN Basic Principles on the Role of Lawyers, lawyers must be able to carry out their professional duties freely and without interference, intimidation, or harassment.
Principle 16 of the UN Basic Principles on the Role of Lawyers states that: “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 provides that lawyers shall not be identified with their clients or their clients’ causes as a consequence of discharging their functions.