ECHR Found It Unlawful to Terminate Lawyer Powers of Khalid Bagirov

Baku / 25.06.20 / Turan: The European Court of Human Rights (ECHR) today issued a decision on complaints by Azerbaijani lawyer Khalid Bagirov.

The complaints related to the termination of his lawyer's powers for 1 year in 2011, and Bagirov’s expulsion from the Bar Association in 2015.

The reason for the punishment of the lawyer was his criticism of the shortcomings of the judicial system and police violence.

So, in 2011 Bagirov unveiled specific facts of police violence that appeared in the media. After that, the Baku police called on the Bar Association to punish Bagirov, which was done.

Bagirov was punished for the second time for his statements in the media about the violation of the rights of political prisoner Ilgar Mammadov. The complaint was filed by the judge who examined the Mammadov case. The Bar agreed with the complaint that Bagirov’s remarks “cast a shadow over the state and undermine confidence in the judicial system.”

Communication on both statements took place in 2015 and 2016. The ECHR concluded that the suspension of Bagirov’s powers for a year, and then expulsion from the Bar “did not comply with the European Convention on Human Rights”.

The ECHR found violation of Bagirov’s rights under Art. 10 (freedom of expression) and 8 (respect for privacy) of the European Convention.

The ECHR decided to pay Bagirov compensation for moral damages in the amount of 18 thousand euros.

The court decision also contains a recommendation to the Committee of Ministers to ensure the effective restoration of Bagirov’s rights.

According to experts, such a recommendation involves the restoration of Bagirov as a member of the Bar Association. –06D-