International Conference on “The role and independence of lawyers: comparative prospectives” 

15-16 November 2018, Baku

Dear Deputy Minister,
Dear President and members of the Bar Association of Azerbaijan,
Honourable Guests,
Ladies and Gentlemen,

I am delighted to be present at the opening of this Conference, which marks a milestone in the implementation of the European Union/Council of Europe joint project on the application of the European Convention on Human Rights and the Strasbourg Court’s case-law in Azerbaijan. No surprise, Azerbaijani lawyers are among our key interlocutors in this endeavour along with judges and other actors of the judicial system.

I would like to thank at the outset our hosts – the Bar Association of Azerbaijan and the Academy of Justice of Azerbaijan – for their commitment to cooperate with the Council of Europe. Today’s event is only one element in our comprehensive day-to-day work.

I am also grateful to our international partners – the European Union and the International Commission of Jurists – for sharing our objective and efforts to make justice independent, fair, effective and compliant with the standards enshrined in the European Convention on Human Rights.

We have done our best – and I believe we have succeeded – to make this Conference a truly multilateral event. An event of interest not only to Azerbaijan but also to numerous other countries here represented, to whom I would like to extend our gratitude and a warm welcome. This conference provides a unique opportunity for an open exchange of views and experience, positive but also negative, on issues of common interest and initiatives developed to address them.

Today and tomorrow we will discuss the role and independence of lawyers in modern society. Lawyers play indeed a key role as intermediaries between the justice system and the public at large. Their contribution is essential to make justice work for people in everyday life and ensure that their fundamental rights are respected. 

At the same time, they can only make it work if they enjoy a special status and protection under national law and in practice which guarantees their independence and if they possess the required qualifications. There is still much to be done in this respect in many countries, including Azerbaijan. Restrictions on the activities of lawyers, not to mention pressure, threats and interference with their work, are matters of great concern and can have no place in Council of Europe member States. The unethical behaviour on the part of some lawyers that one can sometimes witness is equally unacceptable. 

The Council of Europe has set both common European standards and tools to implement them on the ground. 

As regards the standards first, I have already mentioned the European Convention on Human Rights and the European Court’s abundant case-law which binds our member States. The Court has recognised and underlined the special role played by lawyers. Their “specific situation gives them a central position in the administration of justice as intermediaries between the public and the courts”. They should be also able “to draw the public’s attention to potential shortcomings in the justice system” (Morice v. France, 2015). 
 
As indicated earlier by the Deputy Minister of Justice, the Committee of Ministers has defined a number of clear standards on the freedom of exercise of the profession of lawyer in its Recommendation (2000) 21 to member States. This Recommendation encapsulates all fundamental principles that must be respected and deserves particular attention. I would like to mention in particular the principle whereby “Decisions concerning the authorisation to practice as a lawyer or to accede to this profession should be taken by an independent body”.

That said, the Council of Europe’s work is not limited to setting standards. We also work day-to-day on the implementation of these standards through cooperation projects in all member States. Azerbaijan is by no means an exception.

Since last year we have established constructive relations with the new leadership of the Azerbaijani National Bar and its President Mr Anar Bagirov. The Bar Association has a number of serious challenges to address as the country goes through a major reform of the advocacy. We have engaged in an open dialogue on those matters, including on such core issues as the independence and qualification of lawyers. It is clear that these issues will not be resolved overnight. 

We are convinced nonetheless that, with the commitment and contribution of all stakeholders in the country, including public authorities, they can be solved. 
As I said earlier, the Council of Europe is willing to provide all possible assistance to this end and we will pursue our work with Azerbaijani partners by all means in the months ahead. 

Let me mention another important point with regard to the effective exercise of the legal profession. If advocates, as an institution, are so fundamental to public confidence in justice and human rights, the public at large must have confidence in the ability of the legal profession to provide effective representation. This ability is contingent on both resources and qualifications. 

As regards resources, one of the major long standing problems to be tackled in Azerbaijan is that the country has by far the lowest ratio of lawyers per person of the population, that is 10 to 100 000. This is 15 times (!) lower than the European average (147 to 100 000). We have noted that certain steps were made in 2018 to improve the Bar admission process in Azerbaijan, but a lot remains to be done. National legislation and practice need to be aligned with European standards and best practice to fully uphold the role of lawyers in society.

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