The International Commission of Jurists (ICJ) has published a new report addressing issues related to the independence of lawyers and the right to a fair trial in Azerbaijan, as well as the rights of Armenians held in Baku. According to the report, the legal profession in the country remains under the influence of the executive branch, which consequently affects the independence of the judiciary and the protection of the rights of those accused in criminal cases.
The report, titled "Justice Under Pressure: Independence of Lawyers and the Right to a Fair Trial in Azerbaijan," notes that state control over the activities of the Azerbaijani Bar Association continues to restrict the work of independent lawyers.
According to the publication, certain lawyers face significant obstacles when seeking admission to the Bar Association, particularly if they are engaged in human rights advocacy. The report also highlights that disciplinary proceedings are frequently utilized as a tool to exert pressure on independent lawyers rather than to enforce professional conduct rules. Furthermore, lawyers who defend individuals in politically sensitive cases run the risk of disbarment, criminal prosecution, or other forms of harassment.
A dedicated section of the report focuses on the trials of the military and political leadership of Nagorno-Karabakh, conducted in the Baku Military Court. According to the findings, these proceedings were marred by severe violations of fair trial principles. The report points out that civilians were tried before a military court, the defendants were unable to access properly the services of legal counsel of their own choosing, case materials were provided solely in Azerbaijani, and defense motions were rejected without legal justification. In addition, issues related to interpretation were recorded, alongside restrictions on public access to court hearings, including for diplomatic representatives.
The Commission also made specific reference to the cases of lawyers whose rights violations had previously been documented by the International Court of Human Rights. In particular, the cases of lawyers Intigam Aliyev, Khalid Bagirov, and Aslan Ismailov were cited. Despite the court's rulings, none of them have been reinstated to their positions to date.
The Commission has called upon the authorities of Azerbaijan to ensure the independence of lawyers, cease the harassment of legal professionals handling politically sensitive cases, reinstate the rights of lawyers who have been unlawfully disbarred, and guarantee that every individual can benefit from the effective legal assistance of a defender of their own choosing at all stages of the proceedings.