Advocacy will wither in Azerbaijan under existing conditions, lawyer Adil Ismailov told Objective TV (obyektiv.tv) in an interview.
According to him, the investigation in the case of Nigar Yagublu is a striking confirmation of the lack of authority of the Human Rights Protection Institute. Thus, Yagublu, who is accused of violating transport operation rules, which caused death by negligence, appealed to lawyer Osman Kazimov. However, the investigation did not recognize his right to consult the investigation, and obtained participation of the state attorney.
Appellate judge Rasim Iskenderova on Monday, September 17 rejected the claim to change the restraint measure of Nigar Yagublu and left her under arrest. Furthermore, the process was closed. She had been arrested in court.
Procedural law has several options: under house arrest, bail surety, etc. Nigar’s detention during the investigation is a bad choice. She is not a dangerous criminal who helps the investigation.
Therefore, it is unfair to consider Yagublu’s testimony as a confession of guilt. She told how the accident occurred, but the investigation did not consider her testimony and has no response. Records from the scene have not been submitted, the truck driver who ran into the car driven by Nigar, was not brought to justice not even as a witness. All this gives reason to believe that the arrest of Yagublu was ordered, says the lawyer.
There are many known cases when a culprit of an accident has not been brought to justice, (e.g, the granddaughter of former president Ayaz Mutallibov hit two pedestrians). Judges and prosecutors together with the lawyer are statistics at the trial. This lends facts to wealthy citizens do not pay for qualified defense lawyers, preferring instead, to come to an agreement with judges.
General Prosecutor Office three times appealed to the Bar Association with a request to deprive Ismayilov the license to practice law in criminal proceedings. Each time the demand was rejected.
Only the will of the country’s political leadership can help local advocacy. Until there is such a change in attitude with the bar, it will remain an unclaimed profession, said Ismaylov.-17D—
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