The International League for Human Rights, an international non-governmental human rights organization in consultative status with ECOSOC at the United Nations, is gravely concerned that Aslan Ismailov, one of Azerbaijan’s most prominent independent attorneys has been arbitrarily stripped of his right to practice law, possibly in retaliation for critical comments he made during a visit to the U.S. from February 21 – March 4. The League views his expulsion from the Collegium of Lawyers, the country’s only recognized bar association, as the latest blow in a series of strikes at independent lawyers in Azerbaijan.

On March 19, Mr. Ismailov informed the League that on the previous day he had been told that the fourteen-member presidium (board) of the Collegium had voted to strip him of his membership. Under the Soviet system, only members of the Collegium were able to practice law. For a brief period, from June to December 1998, almost ninety individuals with legal experience were newly enabled to practice law in Azerbaijan independent of the Collegium. But a unilateral order from the Ministry of Justice in December imposed severe restrictions on those lawyers’ ability to carry out legal activities, such as appearing in court in connection with criminal cases.

The reasons initially given for Mr. Ismailov’s expulsion were that he had gone to the United States without their permission and that his license to practice law had been illegally obtained. These pretexts only thinly veil the political motivation for attempting to bar Mr. Ismailov personally from the legal profession. First, there is no known requirement that a member of the Collegium receive prior permission to travel abroad. Second, Mr. Ismailov had received his license in full conformity with Azerbaijani law, and there is no evidence that lawyers who had received their licenses in the identical manner have been similarly charged or punished. Finally, according to the latest information, a court recently overturned the Justice Ministry's order.

The Collegium had reportedly threatened to expel Mr. Ismailov on several previous occasions, mostly following his public criticism of the government and the Collegium itself. But only two days prior to his actual expulsion, on March 16, Mr. Ismailov was arbitrarily detained by police as he was driving across the street from the President’s office. A policeman there told him he could not proceed and asked him to turn around. Although Mr. Ismailov complied, the policeman started hitting his chest and hand, and made him stand at attention for an extended period, all in a fruitless attempt to provoke him. Mr. Ismailov remained calm and eventually used his mobile phone to alert a journalist that he was facing a provocation. The policeman released him after about half an hour.

Following the incident, Mr. Ismailov wrote a letter to the city prosecutor to complain about the policeman’s misconduct, which was reportedly given broad media attention. This likely prompted the government’s decision to instruct the Collegium to take the more serious step of stripping him of his right to practice law altogether.

The Collegium not only expelled him but for more than a week effectively covered up their illegal action. By refusing to issue him a written explanation for the expulsion, Mr. Ismailov was unable to file suit to attempt to be reinstated and was limited to informal channels to vindicate himself, notably through the court of public opinion. Only on March 26, eight days after he was notified verbally, did Mr. Ismailov receive a written statement confirming his dismissal.

The League is concerned that the actions taken against Mr. Ismailov occurred little more than a week after his return from his U.S. trip. Likewise, the thirty judges, lawyers, and government officials with whom Mr. Ismailov met and whom we immediately notified of his expulsion are deeply distressed that he has suffered as a result of his efforts to develop contacts with his American counterparts. We cannot help but to believe that reports filed by your staff, who were present at several functions where Mr. Islamilov spoke, may have contributed to the decision taken by the Collegium. Consequently, we are concerned about the signals this action sends to other visitors and about the effects it will have on Azerbaijani - U.S. relations.

We urge you to use the powers of your office to ensure that the illegal action taken by the Collegium is corrected and that Mr. Ismailov's legal credentials are reinstated.

We await your response.

Sincerely,