Annagi Gadzhiev is the president of the Association of
Lawyers of Azerbaijan (ALA), an organization which unites
independent lawyers, a position he has held since the
ALA's creation in May 1997.
Mr. Gadzhiev graduated from the Legal Department of the Azerbaijan State
University in 1983 and stayed on to teach civil law until 1988 when he began
working for the Azerbaijan Prosecutor General's office in the department on the
supervision of the legality of court decisions in civil cases. In 1993, he was
appointed to head the department on the supervision of the legality of the
decisions of economic courts. From 1993-1995, he worked at the Ministry of
Justice. From 1996-1997 he taught at the Azerbaijan Social and Political College
and practiced law as a civil attorney.
Since 1997,
Mr. Gadzhiev has been working to promote the activities
of the ALA, which was finally registered on February
15, 2000, after three years of continuous struggle.
Under Gadzhiev's leadership, the ALA has been promoting
legal reform in Azerbaijan, and working to strengthen
the rule of law, and advance legal awareness in society.
The Association
of Lawyers of Azerbaijan (ALA) was founded on May 20,
1997. The ALA's constituent documents were submitted
to the Ministry of Justice on June 12, 1997. The Ministry
responded with a letter dated September 5, 1997 stating
that registration had been denied. The ALA filed an
appeal to the Sabail district court, which ruled in
favor of the Ministry of Justice on December 29, 1997.
Association
of Lawyers of Azerbaijan
The ALA felt
that the decisions of the Ministry of Justice and the
Sabail district court were unfounded, but wanted to
avoid spending time and money in court. Therefore, the
organization conducted a seminar February 16, 1998 in
which all the Ministry of Justice's comments were taken
into consideration, changes were made in the charter
and new constituent documents were prepared and then
submitted to the Ministry of Justice on March 10, 1998.
Soon after, the Ministry again denied the ALA registration.
However, these
registration problems have not stopped the ALA from
carrying out a program of activities which includes:
1.educating
the population in legal matters
2.improving legislation
3.defending fundamental rights and freedoms
4.providing assistance to NGOs and independent media
5.increasing the professionalism of lawyers and law
students
6.creating a network of lawyers.
As a result
of the ALA's activities in these areas, several publications
have been produced, including "Court statements of lawyers
in Azerbaijan" and "A collection of regulations of the
Plenum of the Supreme Soviet of Azerbaijan." At present,
members of the ALA are working on several new publications.
A member of the board has also prepared and offered
a course on advocacy at the Hazar University.
Members of
the ALA have taken part in a wide variety of international
law-related seminars in different countries. Representatives
of many organizations have shown an interest in the
work of the ALA and have met with members on a number
of occasions.
On June 30,
1998, the ALA, together with the National Democratic
Institute, organized a seminar entitled "The problems
of registration and the activities of NGOs in Azerbaijan."
Unfortunately,
the lack of an office, equipment and financial resources
has hindered the ALA from expanding its scope and functioning
more effectively.
The ALA did
finally obtain official registration on February 15,
2000, nearly three years after it first applied. The
reason for this was likely twofold: the Council of Europe
had been putting pressure on the government of Azerbaijan
to register a series of organizations, including the
ALA, which it had been refusing to register for years.
The other reason is that just days before the ALA obtained
registration, Aslan Ismailov, one of the founders of
the organizations since the very beginning, was told
by an official from the Ministry of Justice that the
ALA would continue to have difficulty as long as he
remained one of the founders. He thus withdrew his name
from among the list of founders, and the organization
was registered shortly thereafter.
Having obtained
registration is certainly a positive step, although
it is by no means a sign that the government of Azerbaijan
is willing to recognize that the ALA represents an alternative
of sorts to the Collegium. Aside from registration,
the authorities have many other tools to impede public
associations and it thus remains to be seen to what
extent the authorities allow the ALA to function in
practice.
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