Access to Justice and Human Rights

Training for LAC lawyers on Code of Conduct. Muhaio Parpieva, Trainer from ABA Kyrgyzstan office, Jo Anne Roake, LAC Liaison, Seljan Mammedli, LAC Senior Staff Attorney and LAC lawyers. May 2006.

Azeri citizens face significant challenges to equitable access to justice. Financial constraints and a low number of lawyers intensify that challenge. The ABA Rule of Law Initiative’s (ABA ROLI’s) access to justice efforts make free and high-quality legal assistance available in Azerbaijan’s regions.

The legal advocacy center (LAC), launched in April 2006 with funding from the U.S. Department of State’s Bureau of Democracy, Human Rights and Labor, provides pro bono services to citizens, with a particular focus on serving human rights cases and on training young lawyers. Since April 2008, the LAC has been funded by the U.S. Agency for International Development. The center’s attorneys have provided consultations, prepared applications, appeals, cassation appeals, legal memos, motions and other legal documents and written complaint letters to various state entities. The center, which accepts new cases three times a week, has consulted more than 3,000 clients.

The LAC provides ongoing trainings, which enhance young lawyers’ skills and competency. Throughout 2008, lawyers received training on various issues, including human rights, labor law, non-governmental organization registration, bar exam preparation, women’s rights, trial advocacy and the European Convention on Human Rights.

In addition to offering individual legal services, the center also provides technical expertise to the community at large. Throughout 2008, the center worked with various local and international civil society groups in providing basic legal information through trainings and conferences. The center’s lawyers taught business law to rural women and trained about constitutional rights and human trafficking.

The LAC’s work is complemented by ABA ROLI’s traveling lawyer program, which increases access to legal services outside the capital of Baku. This program allows qualified lawyers from Baku to travel to the regions and advise citizens on their legal rights. In 2006, ABA ROLI conducted three visits to determine the legal needs in the communities of Lankaran, Guba and Jalilabad. In 2007, ABA ROLI cooperated with the National Democratic Institute to conduct legal consultations at seven regional centers throughout Azerbaijan. To date, ABA ROLI has established additional partnerships with CHF International and International Research & Exchanges Board (IREX) to increase the number of regularly visited regions.

Criminal Law Reform and Anti-Human Trafficking

Fair Trail Training in Lenkaran. Intigam Aliyev, trainer, judges, prosecutors and advocates. September 2006.

Since October 2003, the ABA Rule of Law Initiative (ABA ROLI) has implemented a dynamic, substantive and responsive program to address the needs of Azerbaijan’s long-neglected criminal defense and non-governmental legal communities. Through its criminal law program, ABA ROLI focuses on strengthening criminal defense representation, on improving the criminal and criminal procedure codes’ implementation in accordance with international fair trial standards, on reforming the defense bar association and on raising public awareness about corruption. ABA ROLI’s criminal law and anti-human trafficking efforts are supported by the U.S. Department of State Bureau of International Narcotics and Law Enforcement Affairs.

In 2008, ABA ROLI trained about 230 members of the criminal justice system on key provisions of the European Convention on Human Rights (ECHR). These interactive trainings are the first to be offered to mixed groups of judges, prosecutors and defense attorneys in Azerbaijan. Throughout 2008, ABA ROLI continued its trial skills training series for more than 100 legal professionals, including prosecutors, defense attorneys, newly selected judges and law students.

After the fall 2007 judicial exams, ABA ROLI trained 102 newly appointed judges on trial advocacy. The judges were trained in two groups at the Judicial Training Center. The training incorporates judicial demeanor, decision writing and detention hearings. The training is a joint effort between ABA ROLI and the Organization for Security and Cooperation in Europe.

ABA ROLI has also worked with the U.S. Embassy in Baku to develop a human trafficking awareness-raising program. More than 100 lawyers, prosecutors and non-governmental organization officials received human trafficking prevention and victim protection training in 2008. ABA ROLI published an illustrated children’s book to help educate children, the most vulnerable segment of the population, about the dangers of human trafficking.

ABA ROLI, through its criminal law program, has drafted, translated and published a series of legal publications including a translation of all current decisions of the European Court of Human Rights pertaining to Azerbaijan.

Legal Education Reform and Civic Education

Opening ceremony of the first legal clinic in Naxchivan Autonomous Republic. February 2007. From right to left (front line): Lala Khalilli – ABA Staff Attorney, Isa Habibeyli – Rector of Naxchivan State University, Qarib Allahverdiyev - Dean of the Law Faculty, Naxchivan State University and (back line) law faculty professors.

ABA ROLI works with universities to facilitate compliance with regional and international legal education standards. We provide support and expertise in developing university credit systems, enhancing curriculum and teaching methodologies and establishing legal clinic programs. We also implement a street law program, which incorporates legal education into secondary schools. The program allows law students to teach youth about anti-corruption and about the basic principles of human rights and democracy.

ABA ROLI currently supports legal clinics at Baku State University and Naxchivan State University in Azerbaijan. With ABA ROLI’s technical assistance, these legal clinics boost students’ practical legal skills through in-person client consultations. ABA ROLI staff train clinic students on client interviewing techniques, consultation skills, trial advocacy and substantive areas of law. The program also provides high-quality legal services to those who otherwise could not afford legal representation. With ABA ROLI support, Baku State University launched Azerbaijan’s first commercial law master’s degree program in September 2006. ABA ROLI has worked closely with the university to support the program, which started with seven students, and will continue to provide assistance throughout 2009.

Over the past four years, ABA ROLI has developed a successful street law program in Azerbaijan. The program has enabled more than 200 law students from eight universities to teach more than 2,400 school children in six cities. Using games, group activities, role playing and other interactive methods, the law students help 8–15 year-olds understand their basic legal rights and offer ways to confront corruption. The street law program has expanded to include an online program for rural children. To ensure sustainability, ABA ROLI launched an in-class street law pilot program in 2008, where a law student and a school teacher together instruct the students.

Legal Profession Reform

Working group of Women's Bar Association. Zeynab Ahmad (right), ABA Junior Staff Attorney, and members of WBA working group. March 2007.

Azerbaijan’s shortage of well-trained legal professionals is a significant impediment to the promotion of rule of law and democracy. The ABA Rule of Law Initiative’s (ABA ROLI’s) legal profession reform program promotes professional standards and trains future leaders of the legal profession and justice system.

In 2006, ABA ROLI—with the support of the U.S. Agency for International Development (USAID), the Azerbaijan Ministry of Justice and the State Committee for Family, Women and Children’s Issues of Azerbaijan—conducted the first international conference for female lawyers in the country. More than 150 lawyers, legal experts, law students, government officials, members of civil society and the media attended the conference. Participants discussed civil society lobbying for gender equality and domestic violence laws, victims’ and witnesses’ legal protection, and women’s participation in legal associations, businesses and government.

ABA ROLI and USAID also worked to establish the Women’s Bar Association (WBA), Azerbaijan’s first female bar association. Azerbaijan has one of the lowest rates of female legal professionals in the newly independent states, which amplifies the need for support for women lawyers. A gender-specific bar association was conceived to help overcome the unique challenges and barriers the women professionals face and to provide a forum for women to lobby for their rights. On May 14, 2007 an event was held to celebrate the official launch of the WBA, which was registered as an independent non-governmental organization in October 2007. The WBA has about 300 members and has already received substantial grants from donor organizations.

In fall 2006, ABA ROLI established a formal continuing legal education (CLE) program focusing on new legislation, legal skills and law practice management. ABA ROLI, through funding from the USAID, runs a CLE center to enhance legal professionals’ competency. The center was launched on February 1, 2007, and has since hosted 68 CLE seminars. These classes provide a venue to improve critical thinking ability and to advance practical lawyering skills.