Ongoing judicial harassment against Mr. Khalid Bagirov

Judicial harassment

Azerbaijan

February 4,2015

The Observatory for the Protection of Human Rights Defenders, a jointprogramme of the International Federation for Human Rights (FIDH) and the WorldOrganisation Against Torture (OMCT), requests your urgent intervention in thefollowing situation in Azerbaijan.

Description of the situation:

The Observatory has been informed by reliable sources about the ongoingjudicial harassment against Mr. Khalid Bagirov, prominent human rightslawyer who represented human rights defenders Ms. Leyla Yunus[1],Mr. Arif Yunusov[2]and Mr. Rasul Jafarov[3].On November 5, 2014, Mr. Bagirov was dismissed from the case of Ms. LeylaYunus, and on December 10, 2014, his lawyer's license was suspended, thusdepriving him from the right to defend his other clients, including Messrs.Yunusov and Jafarov, as well as opposition leader Ilgar Mammadov[4].Mr. Bagirov was also planning to defend human rights defender Intigam Aliyev[5].

Mr. Khalid Bagirov is now facing disbarment charges, followingdisciplinary proceedings requested by the Presidium of the Azerbaijan BarAssociation (ABA) to the Nizami District Court, on allegations of inappropriatebehaviour in court. The Observatory strongly fears that such proceedings onlyaim at hindering his ability to carry out his human rights activities as alawyer, and in particular to defend the above-mentioned human rights defendersin courts.

Duringa preliminary hearing scheduled on February 2, 2015, all the motions filed byMr. Bagirov were denied.

Firstly,the Court refused to grant him the 5-10 minutes break he requested tofamiliarise himself with the protocols of the preparatory hearing.

Secondly,Mr. Bagirov argued that although the ABA is a legal entity according to article9 part 2 of the Law on Lawyers Activities, its Presidium has no legalpersonality, and therefore does not possess any civil-procedural actioncapacity (as provided by article 259.0.2 of the Civil Procedure Code of theAzerbaijan Republic[6]). However, the Court alsorejected this motion.

Thirdly,Mr. Bagirov's request to replace the wrong plaintiff, i.e. the Presidium, bythe right plaintiff, i.e. the ABA itself as a legal entity, was not satisfiedeither. Rather, the Court followed the Presidium representative's comment thatthe lawsuit had been filed by the right plaintiff.

Finally,Mr. Bagirov further demonstrated that the present case did not fall within thejurisdiction of civil courts as defined by the Azerbaijan Civil Procedure Code,and requested the Nizami District Court to refer the matter to the BakuAdministrative Economic Court. However, his argument was also rejected by theCourt.

Thenext hearing has been scheduled for February 13, 2015.

TheObservatory highlights that the accusations against Mr. Bagirov and thejudicial harassment he has been facing bring serious concerns on theindependence of the Azerbaijan Bar Association (ABA) as well as on its abilityto protect the interests of the legal profession in the country. This is indeednot the first time that the ABA has attempted to revoke Mr. Bagirov's license.In August 2011, his license was suspended for a year after he was accused of“spreading information discrediting the police”. Mr. Bagirov's license topractice was removed once again on December 10, 2014 after he questioned thefairness of the trial of one of his clients, Mr. Ilgar Mammadov, and thegovernment's influence over courts.

TheObservatory is deeply concerned for the disbarment charges against Mr. Bagirovas well as for the number of violations of fair trial standards that occurredduring the preliminary hearing, and deems that these actions only aim at hinderinghis legitimate professional activities as a human rights lawyer.

Action requested:

Pleasewrite to the authorities in Azerbaijan, urging them to:

I. Immediately drop all theaccusations against Mr. Khalid Bagirov, immediately return his lawyer'slicense, and put an end to any obstacle to the exercise of his professionalactivities;

II. Put an end to any kindof harassment - including at the judicial level - against Mr. Khalid Bagirov,and more generally against all human rights defenders in Azerbaijan;

III. Ensure the right to a fair trial, tothe presumption of innocence and to the equality of arms is fully respectedduring all trials against human rights defenders in Azerbaijan.

IV. Conform with theprovisions of all international and European human rights instruments ratifiedby Azerbaijan, including article 14 of the International Covenant on Civil andPolitical Rights, which states that “all persons shall be equal before thecourts and the tribunals” and that “everyone shall be entitled to a fair andpublic hearing by a competent, independent and impartial tribunal establishedby law”, as well as article 6 of the European Convention on Human Rights andFundamental Freedoms, which states that “everyone is entitled to a fair andpublic hearing within a reasonable time by an independent and impartialtribunal established by law”;

V. Conform with theprovisions of the UN Declaration on Human Rights Defenders, adopted by theGeneral Assembly of the United Nations on December 9, 1998, especially:

- Article 1, which states that “everyone has the right, individually andin association with others, to promote and to strive for the protection andrealisation of human rights and fundamental freedoms at the national andinternational levels”;

- Article 5, which underscores the right of every individual to form,join, and participate in non-governmental organisations; and

- Article 12.2, which provides that the State shall “take all necessarymeasures to ensure the protection by the competent authorities of everyone,individually and in association with others, against any violence, threats,retaliation, de facto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of his orher rights”;

vi. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by Azerbaijan.

Addresses:

· Mr. Ilham Aliyev, President of the Republic ofAzerbaijan, Office of the President of the Republic of Azerbaijan, 19Istiqlaliyyat St., Baku AZ1066, Azerbaijan, Fax: (+994) 12 492 06 25, (+994)412 92 28 68, E-mail: office@pa.gov.az, office@apparat.gov.az

· Mr. Zakir Garalov, ProsecutorGeneral of the Republic of Azerbaijan, Prosecutor’s Office, 7 Nigar RafibeyliSt., Baku, Azerbaijan, Fax: (+994) 12 492 06 82, (+994) 12 492 26 63, E-mail:z.qaralov@prosecutor.gov.az,info@prosecutor.gov.az

· Mr. Eldar Mahmudov, Minister ofNational Security, Ministry of National Security of the Republic of Azerbaijan,Parliament Avenue 14, Baku AZ1006, Azerbaijan, Fax: (+994) 12493-76-22, E-mail: cpr@mns.gov.az

· Mr. Ramil Usubov, Minister of Internal Affairs, Ministry of InternalAffairs of the Azerbaijani Republic, Fax: (+994) 12 492 45 90

· Mr. Elmar Mammadyarov, Minister of Foreign Affairs,Ministry of Foreign Affairs of the Republic of Azerbaijan, E-mail: katiblik@mfa.gov.az

· Mr. Fikrat F. Mammadov,Minister of Justice inAzerbaijan, Inshaatchilar Prospekti, 1 Baku, Azerbaijan, e-mail: contact@justice.gov.az; Fax (+994) 12 43009 81

· President of the Bar Association of the Republic ofAzerbaijan 32 S. Vurgun street, Baku, AZ 1000 , E-mail : office@barassociation.az

· H.E. Mr. Murad N. Najafbayli,Ambassador, Permanent Mission of Azerbaijan to the United Nations in Geneva, Route des Fayards 237, CH-1290 Versoix, Switzerland, Fax: (+41) 22 901 1844, E-mail: geneva@mission.mfa.gov.az

· Embassy of Azerbaijan in Brussels, Avenue Moliere 464,1050 Brussels, Belgium, Fax: (+32) 2 345 91 85

Please also write to the diplomatic missions orembassies of Azerbaijan in your respective country as well as to the EU diplomatic missionsor embassies in Azerbaijan.

[1] Ms.Leyla Yunus is the Director of the Institute of Peace and Democracy (IPD) and amember of OMCT General Assembly. She is currently in pre-trial detention.

[2] Mr.Arif Yunusov is the Head of the Conflictology Department of IPD. He iscurrently in pre-trial detention.

[3] Mr.Rasul Jafarov is the Head of the Human Rights Club and was an activeparticipant in "Sing for Democracy" and "Art for Democracy"campaigns. He is currently in arbitrary detention and his trial is ongoing.

[4] Mr.Mammadov is currently serving a seven-year prison sentence for "organisingmass disturbances" and "resisting the police". On May 22, 2014,the European Court of Human Rights held Azerbaijan responsible for violatingarticles 5§1 §4, 6§2 and 18 of the Convention in arresting and sentencing Mr.Mammadov.

[5] Mr.Intigam Aliyev is a human rights lawyer, Head of the Legal Education Society.He is currently in arbitrary detention and his trial is ongoing.

[6] Thisarticle provides that “the court shall leave petition without considerationwhere a petition is filed by a person lacking action capacity”.