Yalchin Imanov suspended from practising pending trial
On 21 February 2018, the preliminary hearing of Yalchin Imanov was concluded in the Ganja City Administrative - Economic Court.
On 17 February 2018, human rights defender and lawyer Yalchin Imanov reported that Ganja City Administrative - Economic Court will review the decision made by Azerbaijan Bar Association to suspend him from practising law.
On 20 November 2017, Yalchin Imanov was suspended from practising law by a decision of Azerbaijan’s Bar Association, pending a court ruling, following a complaint from the Penitentiary Service of Azerbaijan.
Yalchin Imanov is a human rights lawyer in Azerbaijan, who has taken on high-profile and sensitive cases, especially those involving human rights defenders and political prisoners. The Azerbaijan Bar Association includes 934 lawyers, most of whom refuse to take politically sensitive cases.
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- 30 March 2018 : Yalchin Imanov files lawsuit against Prosecutor General's Office
- 22 February 2018 : Preliminary hearing concludes
- 19 February 2018 : Ganja City Administrative - Economic Court to review the decision of Azerbaijan Bar Association in respect of Yalchin İmanov
- 24 November 2017 : Yalchin Imanov suspended from practising pending trial
On 27 March 2018, human rights defender and lawyer Yalchin İmanov filled a lawsuit against the Prosecutor General’s Office. He sent the petition to the Baku Administrative - Economic Court No. 1.
On 10 July 2017, Yalchin Imanov had made a complaint to the Prosecutor's Office, on the basis that two of his clients were being tortured while in jail. Ten months later he has yet to receive a response to his complaint and, as their legal representative, he has not been made privy to decisions related to his clients.
On 20 November 2017, Azerbaijan’s Bar Association suspended Yalchin Imanov from practising law, pending a court ruling, following a complaint from the Penitentiary Service of Azerbaijan.
The director of a department responsible for implementing laws related to investigations, inquiries and operational search activities in internal affairs, which falls under the authority of the Prosecutor General’s Office, referred to the decision of Azerbaijan’s Bar Association when justifying Yalchin Imanov’s suspension.
However, Yalchin Imanov believes that the decision is unlawful and he should be considered as a lawyer until such time that the court decides otherwise.
On 21 February 2018, Ganja City Administrative - Economic Court started to review the decision made by Azerbaijan’s Bar Association but because the human rights defender made a complaint to the Court of Appeal, a hearing will not be held until the complaint is reviewed.
On 21 February 2018, the preliminary hearing of Yalchin Imanov was concluded in the Ganja City Administrative - Economic Court.
On 20 November 2017, Azerbaijan’s Bar Association suspended human rights lawyer Yalchin Imanov from practising law, pending a court ruling, following a complaint from the Penitentiary Service of Azerbaijan. On 10 August 2017, the Deputy Chairman of the Penitentiary Service of Azerbaijan stated, in a letter of complaint to Azerbaijan’s Bar Association, that Yalchin Imanov had been circulating false information through the press. The complaint refers to the human rights defender allegedly disseminating false information regarding allegations of torture of two of his clients in detention. Yalchin Imanov was also accused of creating negative public opinion of the work of the Prison Service.
At the hearing, the human rights lawyer emphasised that the Administrative Procedure Code did not contain any relevant provisions for a hearing on the decision of the Bar Association and therefore an administrative court is not the correct forum for a hearing on his case.
The human rights defender requested that the court allow him to continue his work as a lawyer until the trial is concluded. The judge will review this request at the next hearing.
The next hearing on the merits is scheduled for 16 March 2018.
On 17 February 2018, human rights defender and lawyer Yalchin Imanov reported that Ganja City Administrative - Economic Court will review the decision made by Azerbaijan Bar Association to suspend him from practising law.
On 20 November 2017, Azerbaijan’s Bar Association suspended Yalchin Imanov from practising law, pending a court ruling, following a complaint from the Penitentiary Service of Azerbaijan.
The human rights defender indicated his surprise that the Administrative - Economic Court - which usually reviews complaints against administrative bodies - would review his case, pointing out that such cases would usually be reviewed by courts in Baku, where the Bar Association is located.
A preliminary hearing is scheduled for 21 February 2018.
On 20 November 2017, Yalchin Imanov was suspended from practising law by a decision of Azerbaijan’s Bar Association, pending a court ruling, following a complaint from the Penitentiary Service of Azerbaijan.
Download the Urgent Appeal (PDF)
On 10 August 2017, the Deputy Chairman of the Penitentiary Service of Azerbaijan stated, in a complaint letter to Azerbaijan’s Bar Association, that Yalchin Imanov had been circulating false information through the press. Specifically, the complaint refers to allegations of the torture in detention of two of his clients. Yalchin Imanov was also accused of creating negative public opinion on the work of the Prison Service.
This is not the first time that the Bar Association has suspended human rights lawyers from practising in Azerbaijan. Lawyers Elchin Namazov, Aslan Ismayilov, Khalid Bagirov and Muzaffar Bakhishov have all been suspended in recent years on the basis of similar complaints.
On 31 September 2017, the Parliament adopted a set of amendments to the Civil Code and the “Administrative Procedures and Bar Act” which will come into effect on 1 December 2017. According to these amendments, practising lawyers who are not members of the Bar Association will be prohibited from appearing in court, or representing clients in any kind of lawsuit. These amendments directly contravene Azerbaijan’s international human rights obligations and severely hinder the functioning of independent lawyers as set out in the UN Basic Principles on the Role of Lawyers, as membership of the Bar Association is effectively controlled by the government.
Front Line Defenders expresses concern as it believes that Yalchin Imanov’s suspension from the Azerbaijan Bar Association was in retaliation to his peaceful and legitimate work in the defence of human rights in Azerbaijan.
Front Line Defenders urges the authorities in Azerbaijan to:
1. Immediately lift the suspension of Yalchin Imanov as it believes that it is in retaliation to his highlighting of human rights abuses in Azerbaijani prisons and, more generally, to his peaceful and legitimate work in the defence of human rights in Azerbaijan;
2. Abide by the international human rights obligations incumbent upon them along with the UN Basic Principles on the Role of Lawyers by respecting the independence of lawyers to freely practise without suffering judicial or administrative harassment and without endangering their livelihoods;
3. Guarantee in all circumstances that all human rights defenders in Azerbaijan are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.
