A grim picture of the rule of law in the Caspian state of Azerbaijan emerges in a submission to the UN Human Rights Council by the Law Society of England and Wales. The report, carried out by the Society’s Lawyers at Risk programme, describes physical attacks on lawyers, a lack of judicial independence and the imposition of disproportionate disciplinary measures by the country's bar association.

Modern Azerbaijan, independent since 1991, has a population of 10.5 million. Political power is regarded as concentrated in the family of President Ilham Aliyev, who succeeded his father in the post in 2003. In the last presidential election, in 2018, Aliyev won 86% of votes cast. The UN Human Rights Council is conducting a universal periodic review of the country for its 44th session this autumn.

According to evidence gathered by the Law Society, Azerbaijani judges and prosecutors regularly take instructions from the government and restrict citizens' access to justice. 

In this they are abetted by the Azerbaijani Bar Association (ABA), which is accused of acting on behalf of the state and the president, rather than being independent professionals. In one case cited, police officers beat lawyer Joshgun Isgandarov when he was defending his client in Shirvan Court of Appeal on 13 August 2021. Officers had refused to allow a private meeting and ordered Isgandarov to leave the courtroom. When he objected, officers then forcibly pulled him from the court and beat him in the corridor. The ABA 'failed to provide support to the lawyer', the submission states. 

It notes that, under rules updated in 2020, 'disciplinary action can be taken, and in practice is, against lawyers who criticise the ABA or the state'. Meanwhile, at least two European Court of Human Rights judgments against the disbarring of lawyers have not been complied with. 

Among other recommendations, the submission urges the Azerbaijani authorities to amend regulations covering admission to the legal profession to ensure that disciplinary proceedings follow due process. 
The ABA’s independence from government should be strengthened through amendments to its governance.