Aslan Ismayilov

AZERBAIJAN: Condemned by the ECHR for violation of the right to a fair trial.

Aslan Ismayilov, very active in the respect and promotion of social rights, the Rule of Law and the independence of the judiciary, is one of the best known lawyers in Azerbaijan.

Disbarred from the Azerbaijani Bar Association (Azərbaycan Respublikası Respublikası Vəkillər Kollegiyası) for his commitments – officially for having “threatened and insulted” a judge, Aslan Ismayilov, had referred the matter to the European Court of Human Rights (ECHR) for violation of Articles 6§1 and 10 of the Convention.

In its decision dated 12 March 2020, the ECHR condemned Azerbaijan for a violation of the right to a fair trial, considering that the disbarment of a lawyer “for an action which is established to have been carried out on behalf of a client” constituted a violation of Article 6 § 1 of the Convention.

The OIAD welcomes the decision of the European Court of Human Rights concerning the disbarment of Aslan Ismayilov.

The OIAD deplores the disciplinary procedures, lacking transparency and objectivity, used as a tool for the control of lawyers by public authorities.

The OIAD is particularly concerned about the revocation and/or suspension of the licences of several lawyers in Azerbaijan, including Fuad Agayev, Yalchin Imanov and Irada Javadova.

The OIAD reminds the Azerbaijani authorities of the Basic Principles on the Role of Lawyers adopted by the United Nations in Havana in 1990, in particular Principle No. 27:

“Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures“.