{"id":1826,"date":"2018-12-05T20:17:39","date_gmt":"2018-12-05T20:17:39","guid":{"rendered":"http:\/\/rcstaging.co.uk\/ehrac\/?p=1826"},"modified":"2021-04-08T20:29:18","modified_gmt":"2021-04-08T19:29:18","slug":"alayif-hasanovs-disbarment-violates-convention","status":"publish","type":[30],"link":"http:\/\/ehrac.org.uk\/en_gb\/alayif-hasanovs-disbarment-violates-convention\/","title":{"rendered":"Human rights lawyer Alayif Hasanov\u2019s disbarment violates his Convention rights"},"content":{"rendered":"\n\t\t
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Alayif Hasanov (Institute for Reporters\u2019 Freedom and Safety)<\/p><\/div>\n

Alayif Hasanov is one of the courageous Azerbaijani human rights lawyers who has dared to represent imprisoned human rights defenders in criminal cases against them as part of the civil society crackdown. In 2014, he visited one of his clients \u2013\u00a0renowned human rights defender and activist Leyla Yunus<\/a>\u00a0\u2013 in a pre-trial detention centre where she told him about her physical and psychological harassment by a cellmate, and the authorities\u2019 failure to protect her. As the prison management ignored his complaints, Alayif Hasanov shared the information about Leyla\u2019s situation online, which was later republished by the media. The next day, the same cellmate sued him for referring to her as a criminal and a smoker, and a recidivist, despite the fact that the latter was added by the media. Alayif was convicted on charges of libel, and was permanently disbarred in July 2016 as a result of the conviction. Following his disbarment, Alayif Hasanov was no longer able to represent Leyla Yunus, and it has also ended completely and indefinitely his ability to practice as a lawyer before domestic courts in Azerbaijan. Having unsuccessfully tried to challenge his disbarment before the Azerbaijani courts,\u00a0Alayif turned to the European Court of Human Rights in September 2017<\/a>.<\/p>\n

On 5 December 2018, EHRAC filed its further submissions with the Court in reply to the Azerbaijani Government\u2019s observations in this case, arguing that Alayif\u2019s disbarment is arbitrary and politically motivated, and aimed at curtailing his professional activities as a human rights lawyer, as a part of the wider repression of the civil society in the country.<\/p>\n

How does Alayif\u2019s disbarment breach his human rights?<\/em><\/h3>\n

Before the domestic courts, Alayif argued that his post online about Leyla\u2019s cellmate referred to well-established facts, and therefore the libel charges upon which his disbarment was based were unjustified (these charges are the subject of a separate case before the European Court). We argue that Alayif\u2019s disbarment was clearly arbitrary, without any judicial oversight. The Azerbaijani Bar Association did not inform Alayif about the meeting where the decision to disbar him was taken, and he was therefore deprived of the opportunity to defend himself, nor did they inform him after the decision had been made. He found out about his own disbarment on a pro-governmental website \u2018celebrating\u2019 the news that a \u2018traitor\u2019 had been disbarred.<\/p>\n

Before the European Court, we argue that his disbarment interferes with his right to professional life (Article 8 of the European Convention on Human Rights (ECHR)), his peaceful enjoyment of possessions (Article 1 of Protocol 1 ECHR) and breaches his right to freedom of expression (Article 10 ECHR); and that the proceedings were politically motivated (Article 18 ECHR). We also challenge the law regulating lawyers\u2019 activities beyond its application to Alayif\u2019s case, arguing that it is formulated in vague terms, provides the Bar Association with substantial discretionary power in deciding sanctions against lawyers, and does not have adequate safeguards. We have requested that, in its judgment, the Court call for Alayif\u2019s license to be restored, and the law\u2019s amendment.<\/p>\n

Why is this case significant?<\/em><\/h3>\n

Over the last few years, the legal profession has become the target of repressive measures by the State, which seem aimed at restricting lawyers\u2019 ability to take on \u2018sensitive\u2019 cases, especially those concerning human rights violations. In autumn 2017, the\u00a0Azerbaijani parliament approved a package of amendments to legislation governing the legal profession<\/a>, essentially prohibiting those who are not members of the Azerbaijani Bar Association from representing clients domestically. In the context of Azerbaijan, where the Bar Association is a highly-politicised body under state influence, this has all but decimated the ability of human rights lawyers to take cases. The targeting of the legal profession is the most recent manifestation of the Government\u2019s crackdown on dissenting opinion over the last five years.\u00a0 Since 2014, the Azerbaijani authorities have ramped up efforts to stifle critical voices and dissent, including\u00a0journalists<\/a>\u00a0and\u00a0media outlets<\/a>,\u00a0human rights defenders<\/a>\u00a0and\u00a0civil society organisations.<\/a>\u00a0Many of the few lawyers who dare defend them \u2013\u00a0Khalid Bagirov<\/a>,\u00a0Yalchin Imanov<\/a>\u00a0and\u00a0Intigam Aliyev<\/a>\u00a0\u2013 have been subjected to warnings, suspension of their licenses, disbarment or otherwise supressed, which has led to their removal from legal defence teams of the victims.<\/p>\n

In September 2018, the European Court ruled that the arrest and detention of\u00a0Intigam Aliyev<\/a>\u00a0\u2013 one of the most well-known human rights lawyers in Azerbaijan \u2013 was aimed at punishing him for his human rights activism. It ruled that Azerbaijan must take action to address the repression of human rights defenders, stating that:<\/p>\n

\n\u201cthe necessary general measures to be taken by the respondent State must focus, as a matter of priority, on the protection of critics of the government, civil society activists and human-rights defenders against arbitrary arrest and detention. The measures to be taken must ensure the eradication of retaliatory prosecutions and misuse of criminal law against this group of individuals and the non\u2011repetition of similar practices in the future\u201d<\/em>.\n<\/p><\/blockquote>\n

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Alayif\u2019s case will contribute to the growing body of jurisprudence from the European Court calling on Azerbaijan to urgently address its treatment of those who criticise \u2013 implicitly or explicitly \u2013 the authorities.<\/p>\n<\/div>\n

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Translation(s)<\/h3>\n