Fikret Mamedov, Deputy Prosecutor General
FAX: 99412 92 43 78

April 14, 2000

Dear Ms. Gasanova,

The International League for Human Rights is writing to request that Aslan Ismailov's expulsion from the Collegium of Advocates be reviewed in connection with the passing of the Law on Advocates and Advocate Activity.

On March 18, 1999, following a ten-day visit to the United States on invitation from the League, Mr. Ismailov was expelled from the Collegium. He appealed this decision at the Nauminsky District Court in Baku. In its defense, the Collegium claimed that Ismailov was dismissed for two reasons: 1) he had failed to notify the Collegium prior to his trip to the United States, and 2) he had been engaging in illegal entrepreneurial activity which violated the 1980 Provisions on the Advokatura.

A League representative attended the trial and felt that Ismailov had a solid case. He showed that there is no regulation requiring Collegium members to notify the Collegium prior to taking international trips. In fact he had taken several trips to Strasbourg prior to his U.S. trip without any comment from the Collegium. Secondly, he showed that several new legislative acts, in particular the 1995 Constitution of the Republic of Azerbaijan and the 1993 Law on Entrepreneurial Activity, allow lawyers to engage in commercial activities. According to Article 50 of the Law on Normative Acts, if a new law contradicts the norms of an old law "the norms of the new law are applied." Thus, it would seem that the rights to commercial activity inherent in the 1995 Constitution and the 1993 Law on Entrepreneurial Activities supercede the prohibition of commercial activity as stated on the 1980 Law on the Advokatura.

Nonetheless, the Nauminsky District Court denied Ismailov's appeal as did the Baku City Court. The Supreme Court has thus far refused to review this case. However, the Law on Advocates and Advocate Activity, which entered into force on January 27, 2000, makes no mention of commercial activity. It thus seems that the Collegium's principle reason for expelling Ismailov and preventing him from being reinstated is no longer valid.

In light of these new circumstances, we urge you to see that Mr. Ismailov's case be reexamined by the Baku City Court or heard by the Supreme Court of the Republic of Azerbaijan.

Sincerely,

Catherine Fitzpatrick
Executive Director