Baku / 22.02.17 / Turan: A preliminary meeting on approval of the decision on the termination of the lawyers' authority of Yalchin Imanov was held in Gandja Administrative Economic Court under the chairmanship of Rashad Mammadov on February 21. Hearings on the merits are scheduled for March 16.
On November 20, 2017, the Board of the Bar Association terminated Yalchin Imanov's powers and decided to apply to the court for his removal from the Bar. The reason for this was the appeal of the penitentiary service, accusing him of actions that contributed to the violation of public order.
Imanov rejected these allegations and stated that he had publicized the fact of torture over his client Abbas Huseynov in the Gobustan prison.
The decision to terminate Imanov's powers was condemned by the Council of Europe Commissioner for Human Rights and the International Bar Association.
As Imanov told Turan, on February 21 the court did not satisfy his petition.
First and foremost, Imanov applied for a suit to the Sumgait city court.
"So far, such cases have been heard in the general courts. I have been living in Sumgait for a long time and I work in a legal consultation in this city. The Bar Association's claim does not apply to any of the types of actions provided for in the Administrative Procedure Code, and therefore cannot be examined in an administrative court," Imanov said.
The lawyer Beylar Mamishov representing the Bar opposed the petition and the court rejected it.
In the second motion, Imanov pointed out that the Board of the Bar Association cannot act as a plaintiff on this issue, for a legal entity is the Bar Association itself. But this petition was not granted.
Imanov also applied for a number of documents, including the complaint from the Penitentiary Service, the conclusion of the Disciplinary Commission of the Bar Association, and the decision of the Board of the Bar Association on November 20 and the transcript of that meeting.
The court partially granted the petition and issued several documents.
Imanov also petitioned to allow him to continue working until the trial is completed. The judge stated that this petition will be considered at the next meeting.
However, the judge did not accept Imanov's counterclaim against the decision of the Board of the Bar Association to terminate his powers from November 20, 2017.
At the meeting it was found out that the conclusion of the Disciplinary Commission on September 9, 2017 was subsequently changed.
"The Bar Association falsified the documents. At the meeting held on September 19, the disciplinary commission's September 9 decision was announced. In conclusion, it was said that in my actions there were no disciplinary violations. But in the conclusion included in the materials of this case it is said that I allegedly violated discipline. The Bar Association falsified this. Its representative also admitted that there was a preliminary conclusion, which was later changed," Imanov said.
He sharply criticized the leadership of the Bar Association. "The leadership of the Bar Association not only fulfills orders to expel lawyers, but also falsifies documents," Imanov said.
Hearings on the merits are scheduled for March 16.-03C06-
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