Azerbaijan: court dismisses lawsuit of advocate Bagirov against the Bar

On November 3, the Nasimi District Court of Baku, chaired by Judge Etibar Gumbatov, considered the complaint lodged by lawyer Khalid Bagirov against the Azerbaijani Bar Association, in which the lawyer demanded to recognize the decision of the Presidium of the Bar to suspend his lawyer's license illegal. The Court denied his petition.

Let us remind you that on August 24 the Bar Association decided to suspend Bagirov's attorney powers for one year. The complaint was filed by Rafik Abbasov, the boss of the Baku chief police department, who asserted that Bagirov had violated the confidentiality obligation not to disclose the investigation materials. However, the lawyer asserts that he is persecuted because of defending the rights of activists of youth oppositional movements and the human rights activist Vidadi Iskenderov.

During the trial on November 3, Judge Gumbatov did not let the claimant's advocates Asabali Mustafaev and Yalcin Imanov into the courtroom. The same was done in relation to the OSCE representative. Gumbatov said that the above persons had been late for the start of the session.

Khalid Bagirov said to the judge in protest to his actions: "You show undue adherence to principles."

He treated the decision of the Presidium of the Bar against him as unjustified.

Rafik Abbasov's claim to the Bar was based on Bagirov's public statements that on January 13, 2011, Elvin Askerov, who was delivered as a suspect to the 25th station of the Nizami district police department, was beaten there to death by policemen. Abbasov saw there the lawyer's violation of the "secrecy of investigation" and "encroachment on the business reputation of the police."

Earlier, the Baku police boss Abbasov filed a lawsuit against Bagirov demanding to attract him to criminal liability for slander; however, the Yasamal Court dismissed the suit.

According to Bagirov, the claims of the city police boss have no legal grounds. "There is no reason to speak about any violation of investigation secrecy, since before me Askerov's mother Rosa Rafieva had repeatedly told the media about beating and murdering her son by the police. Besides, I didn't disclose any specific information that would impede any investigatory actions or operative search activities," Bagirov said.

Altai Muradov, the spokesman of the Bar, insisted on invalidity of Bagirov's claim. According to his story, the law and professional ethics demand that the lawyer preserves confidentiality of investigation materials.

Following the discussions, the judge decided to dismiss the lawsuit.

Bagirov disagreed with the verdict and intends to file an appeal.