IDI Human Rights Defenders Assess Consequences of Liquidation of Representation Institution

Baku/15.03.21/Turan: An investigation group of young human rights defenders trained in the courses of the Institute for Democratic Initiatives (IDI) prepared a study on the consequences of the abolition of the institution of representation in Azerbaijan.

The authors of the document made a short excursion into the history of the institution of representation in Azerbaijan and analyzed the Law of October 31, 2017 and its consequences. The law significantly limited the rights of representatives and monopolized the representation of individuals in legal proceedings by the bar.

The abolition of the representative office in Azerbaijan has created a number of serious problems with access to legal aid. In particular, access to effective legal aid for people with low incomes has significantly weakened.

At the same time, lawyers and non-lawyers involved in representing citizens in courts, as well as human rights defenders, were barred from participating in court proceedings.

On the other hand, the small number of members of the Bar Association made it difficult for the population to access legal aid.

In particular, the elimination of the institution of representation made it difficult for residents of the country's regions, where the most acute shortage of lawyers is observed, to access legal assistance.

At the same time, the two-stage admission to the Bar Association - through a test exam and oral interviews - serves to screen out "unwanted persons" and prevent them from entering the legal profession.

The authors of the study conducted a comparative analysis of the situation in Azerbaijan with Georgia and Estonia.

Georgia was selected as an object for comparison as a neighboring country in the Caucasus region, and Estonia is a post-Soviet country that is a member of the EU.

It turned out that the legislation of Georgia provides for the wide participation of representatives in court proceedings. And admission to the Bar in Georgia and Estonia is more transparent.

The study presents recommendations on the restoration of the institution of representation, changes in the procedures for admission to the Bar Association, as well as the adoption of a law on legal assistance at the state expense and the amounts paid to lawyers for this assistance.

IDI was created by a group of lawyers and activists under the leadership of former CEC member Akif Gurbanov in 2013.     –06D—