IBAHRI: Urgently review sentencing of Intigam Aliyev

The International Bar Association’s Human Rights  Institute (IBAHRI) strongly condemns the sentencing of Azerbaijani human rights lawyer Intigam Aliyev and calls on the Government of Azerbaijan to review it as a matter of urgency? reads IBAHRI press release.

  Mr. Aliyev is an award-winning human rights activist working to defend the rule of law in Azerbaijan who has represented more than 100 victims of alleged human rights breaches before the European Court of Human Rights. The head of the Legal Education Society, an Azerbaijani civil society organisation, he was arrested on 8 August 2014 and charged with tax evasion (Article 213 of Azerbaijan’s Criminal Code), ‘illegal entrepreneurship’, (Article 192) and abuse of authority (Article 308.2). On 15 December 2014, the prosecution brought additional charges of misappropriation (Article 179.3) and services forgery (Article 313). He was pronounced guilty on 22 April 2015 by the Baku Grave Crimes Court and was sentenced to seven-and-a-half years’ imprisonment and a three-year ban from holding public office leadership positions.

IBAHRI Co-Chair Baroness Helena Kennedy QC comments: ‘The conviction of Intigam Aliyev demonstrates what appears to be a reprehensible pattern of politically motivated prosecutions against civil society and human rights defenders in Azerbaijan, particularly those who are exercising their fundamental right to freedom of expression. The IBAHRI urgently calls on the Azerbaijani government to review the sentencing of Mr Aliyev because all Azerbaijani citizens should enjoy the right to a fair trial as guaranteed by Article 14 of the International Covenant on Civil and Political Rights, to which Azerbaijan is a party. Further, the IBAHRI urges Azerbaijan to adhere to its obligations under the European Convention on Human Rights, particularly Articles 6 and 10, respectively protecting the right to a fair trial and the right to freedom of expression.’

She adds: ‘Soon, Azerbaijan’s capital city will host the first European Games and the eyes of the world will be on Baku. As this unique juncture approaches, the IBAHRI respectfully reminds the Government of Azerbaijan of its obligations under international and European law, including the protection of its citizens’ fundamental freedoms.’

Mr Aliyev was convicted following proceedings that have been criticised for not adhering to fair trial standards. His conviction is based on the alleged non-registration of foreign aid grants with the Azerbaijani Ministry of Justice. However, documentary evidence of the necessary registrations was ignored during his trial. 

*On 8 August 2014, Intigam Aliyev was charged under the Criminal Code of tax evasion (Article 213), illegal business activities (Article 192), and abuse of authority (Article 308.2). On 15 December 2014 the prosecution brought additional charges of misappropriation (Article 179.3) and services forgery (Article 313). These charges formed the basis of his sentence handed down on the evening of 22 April 2015.

**Fariz Namazli, Alayif Hasanov, Adil Ismayilov and Anar Gasimli, four of Mr Aliyev’s lawyers, were summoned as witnesses by the prosecution and verbally informed that they would be removed from the case due to a conflict of interest on 30 September 2014. They did not receive any official notification or documentation of this decision, preventing them from appealing against the decision before a court.