Sep 20, 2018 | Advocacy, Non-legal submissions
The ICJ today put the spotlight the lack of independence of the legal profession in Azerbaijan speaking at the UN Human Rights Council in Geneva.
The statement, made during the consideration of the Universal Periodic Review (UPR) of Azerbaijan, read as follows:
The International Commission of Jurists (ICJ) welcomes the acceptance by Azerbaijan of the recommendations by France (140.70), by Greece (141.12), Austria (141.13), Estonia (141.68), Slovenia (141.71), and Mexico (141.77), to respect the rights of lawyers.
The ICJ regrets, however, that Azerbaijan only noted and did not explicitly support the recommendations by Sweden (141.33), USA (141.39), Czechia (141.67) and Germany (141.76) and rejected the recommendation by the United Kingdom (141.60) to “End all interference in the work of lawyers through disbarment or other disciplinary measures on improper grounds such as expressing critical views.”
These recommendations call for the amendment of the Law on Advocates and Advocates’ Activities to ensure the effective independence of the Bar Association of Azerbaijan. They also call for the setting up of independent and transparent mechanisms for lawyers’ admission to practice, and disciplinary proceedings against lawyers, in conformity with the UN Basic Principles on the Role of Lawyers.
The ICJ notes that Azerbaijan’s support of most recommendations is predicated on the assumption that the situation of the independence of the legal profession in Azerbaijan is in line with international law.
This, however, is not the situation in the country.
The ICJ expresses concern at the persistent lack of independence of the Bar Association of Azerbaijan; indeed, it has actually played a role in undermining the work of lawyers defending human rights. The situation is exacerbated by recent hasty reforms that prohibit lawyers from appearing in any court hearing unless they are members of this non-independent Bar association, furthermore without a sufficient and meaningful transition period. This seriously curtails access to justice for human rights violations in the country.
Jun 22, 2018 | Events, News
This side event at the Human Rights Council takes place on Tuesday, 26 June, 14:00-15:00, room XXVII of the Palais des Nations. It is organized by the ICJ and the International Bar Association’s Human Rights Institute (IBAHRI).
In recent years, lawyers have increasingly been targeted across the world including Eastern Europe and Central Asia. Attempts to impede the work of lawyers through arbitrary disbarments and other disciplinary procedures, criminal or administrative proceedings, physical attacks or intimidation have become an unfortunate new normality in many lawyers’ work.
Lawyers are too often identified with their clients’ cause or specifically targeted in violation of their right to freedom of expression. This side event will discuss challenges faced by lawyers in defending human rights in Azerbaijan, Kazakhstan and Ukraine.
Moderator: Róisín Pillay, ICJ Europe and CIS Programme Director
Speakers:
- Helene Santos, Senior Fellow–UN Liaison Officer in Geneva for the IBAHRI
- Fariz Namazov, Lawyer, Member of the Azerbaijan Bar Association
- Hanna Boryak, Lawyer, Chair of the Committee for the Protection of Advocates’ Rights and advocacy at the Ukrainian National Bar Association
- Iurii Grygorenko, Lawyer, member of the Committee for the Protection of Advocates’ Rights and Advocacy at the Ukrainian National Bar Association
- Temur Shakirov, ICJ Senior Legal Adviser Europe and CIS Programme
Oct 5, 2017 | Advocacy, Non-legal submissions
Today, the ICJ made a submission to the Universal Periodic Review of Azerbaijan.
The submission brings to the attention of the members of the Human Rights Council’s Working Group on the UPR issues concerning:
- Azerbaijan’s legislation governing the legal profession;
- the situation of lawyers in practice;
- the lack independence of the legal profession;
- the role of the Bar Association with regard to attacks on lawyers;
- international human rights instruments.
With respect to each of the above-mentioned concerns, the ICJ calls upon the Working Group on the UPR and the Human Rights Council to make a number of recommendations to the authorities of Azerbaijan.
Azerbaijan-UPR-Advocacy-non-legal submissions-2017-ENG (download the submission)
Jun 22, 2016 | Advocacy, Non-legal submissions
The ICJ today made an oral statement at the United Nations, on threats to the independence of lawyers in Azerbaijan.
In the statement to the Human Rights Council, the ICJ emphasised that lawyers in Azerbaijan face suspension or disbarment for statements clearly constituting protected freedom of expression. In some cases, they are subject to arrest, detention, unfair trial, and arbitrary imprisonment.
The lack of independence of the Bar Association is a serious concern. This body is increasingly initiating apparently groundless disciplinary proceedings, including leading to disbarment, against lawyers who defend the interests of clients in high profile or politically sensitive cases. Disciplinary penalties in such cases are routinely upheld by the judiciary, which does not appear to be fully independent.
This was highlighted in preliminary findings of the Working Group on Arbitrary Detention following its recent visit (Working Group on Arbitrary Detention Statement upon the conclusion of its visit to Azerbaijan (16-25 May 2016)). Representatives of the ICJ are currently visiting Azerbaijan to further assess the situation.
The cases of Khalid Bagirov, Alaif Ghasanov and Intigam Aliyev illustrate these concerns. While welcoming the release of Mr Aliyev, we remain concerned at the maintenance of his underlying conviction despite credible reports that the charges against him were politically motivated.
Lawyer Muzaffar Bakhishov is currently subject to disbarment proceedings for having criticized the lack of independence of the judicial system.
These disbarments have a chilling effect on the work of other lawyers. They undermine access to effective and independent legal assistance to protect human rights.
The ICJ urged the Council to closely monitor this worrying trend for the rule of law.
The statement may be downloaded in PDF format here: HRC32-OralStatement-Azerbaijan-2016-final-ENG
Jan 10, 2013 | News
Like the ICJ, the Bar Association of Sri Lanka (BASL) issued a statement strongly condemning the impeachment of Chief Justice Bandaranayake.
The BASL called on its members to refrain from attending Court or engaging in any professional duties on 10 and 11 January 2013 in protest of Parliament’s decision to move forward with the impeachment process. The statement is reproduced below:
The Bar Association of Sri Lanka strongly, unequivocally and with no reservations whatsoever condemns the decision to take up for debate the impeachment motion against her Ladyship the Chief Justice Dr. Shirani A. Bandaranayake based on the findings of the Parliamentary Select Committee which was quashed by the Court of Appeal and determined to be unlawful by the Supreme Court. The Bar Association has decided to call for all its members (in 78 Branch Associations) to refrain from attending to any Professional duty in protest on the 10th and 11th of January 2013 to express our deplorable condemnation.
The Bar Association of Sri Lanka further urges H. E. the President of the Republic, Hon. Speaker and the leaders of all political parties representing the Parliament to honour and respect the determination of the Supreme Court which in terms of the Constitution of our country is vested with the sole and the exclusive jurisdiction as regards to Constitutional Interpretation and Determinations.
The Bar Association of Sri Lanka is seriously concerned about the negative and eroding impact that any action of the legislative and executive organs of the government to disrespect and dishonour such determination would have on the Rule of Law in this Country.
Sanjaya Gamag
Secretary
Bar Association of Sri Lanka
On 10 November 2012, the BASL held a Special General Meeting and passed a resolution expressing ‘grave concern about the impeachment and the independence of the Judiciary’ urging the President and Speaker of Parliament to ‘reconsider’ the impeachment or alternatively to adopt a transparent and accountable procedure.
On 15 December 2012, the BASL passed a further three resolutions calling on the President of Sri Lanka to again reconsider the impeachment or alternatively enact a procedure for impeachment which guaranteed the right to a fair trial. The BASL warned that if the rule of law or fair trial rights were not observed in the impeachment process, the Sri Lankan Bar would not welcome a new Chief Justice.
On the same issue: Sri Lanka’s Parliament should reject motion to impeach Chief Justice
