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April 23
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Using the right of a third party intervention, Commissioner of the Council of Europe (CoE), Nils Muižnieks, has submitted written observations to the European Court of Human Rights (ECtHR), reads the Commissioner’s statement directed to Turan.

The observation has to do with the upcoming consideration by ECHR of defense lawyer Khalid Bagirov's complaint against Azerbaijan in connection with his disbarment.

The reason behind the defense attorney's prosecution is his active involvement in the human rights defense, his remarks at a hearing before the Shaki Court of Appeal in September 2014 being the direct reason.

The Commissioner substantiated his observations by the fact that Khalid Bagirov acted as a defense lawyer for a number of famous human rights defenders and public figures, such as Leyla and Arif Yunus, Rasul Jafarov and Hilal Mammadov. He was also about to proceed with the defense of Khadija Ismayilova, but was then before disbarred.

Nils Muižnieks noted that the human rights situation in Azerbaijan raises serious concerns.Repressions and selective criminal prosecutions against those who express critical opinions is a widely-spread phenomenon in Azerbaijan.

According to him, ''Azerbaijan was failing to comply with its international obligations which require safeguarding these rights.''

The Commissioner also noted the fact of ignoring the ECtHR decisions by official Baku, as in case of Hilal Mammadov or seizure of the file cases pending before the Court in their investigations of well-known lawyer Intigam Aliyev.

''In the case of defense lawyers, disbarment or threat of disbarment may in particular be used as a tool for punishing lawyers who take on sensitive cases or for preventing them from doing so. The disbarment in these cases therefore constitutes a retaliation for activities a lawyer may have carried out in the legitimate exercise of his or her professional responsibilities,'' the statement reads. 

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