Conference on the ECHR (will be conducted on March 15-16, 2004)

Conference on the ECHR (will be conducted on March 15-16, 2004)

On behalf of the Organizational Committee on Preparation of the Conference Chairman of Azerbaijan Young Lawyers’ Union Nadir Adilov informed that organizers ensured participation of all parties interested in the topic. So, the representatives of Azeri government, parliament, courts and other structures, also famous human rights defenders have participated on the conference.

Then RWI program officer, Mrs Emma Melander Borg had a speech and gave general information about the aim of program and the project.

After the information of the Organizational Committee on Preparation of the Conference, Deputy Chairman of the Human Rights Commission of Parliament – Mrs. Rabiyyat Aslanova and Deputy Minister of Youth, Sport and Tourism – Mr. Intigam Babayev had an opening speech.

Mrs. Rabiyyat Aslanova gave comprehensive information about the state policy on human rights conducted in Azerbaijan. Mr. Intigam Babayev had a speech on the role of youth organizations in popularization of human rights and about the organization of youth.

Mr. Liam Herrick – an international expert having speech on Introduction to European Convention on Human Rights and its institutions gave information about the Convention. He also had a report on the Role of ECHR in provision of human rights in CoE member states.

After the report of international expert Ms. Gultekin Gadjiyeva – Parlamentarian, Member of the Azerbaijani Parliamentary delegation at PACE, presented a report on the situation with Implementation of European Human Rights Convention in Azerbaijan as an Obligations of the member state of the Council of Europe. She gave comprehensive information about the legal acts in sphere of human rights adopted in Azerbaijan , particularly, in recent 3 years.

One of the interesting speeches on the conference was report of Mr. Mats Lindberg – Special Representative of the Secretary General of COE in Azerbaijan on Obligations of Azerbaijan before the CoE.

Then, Mr. Alimammad Nuriyev - Parliamentarian, chairman of Constitutional Foundation had a speech on European Human Rights Convention and Azerbaijani Legislation and gave information about conformity of the Azeri legislation in force with ECHR

After the report made by Mr. Liam Herrick – an international expert on Complaints handling at the European Court and the impact of the Court Decisions on the Member States, the discussions and open dialog around the Mechanisms of Implementation of ECHR in Azerbaijani Courts was conducted with participation of human rights defenders. As a result of discussions it was clear that there is a need for reforms in the field of ECHR Implementation in Azeri Courts. Even Mr. Ali Huseynov offered that it would be purposeful if one of the requirements for selection of judges in the future will be knowledge of the European Convention on Human Rights.

After the discussions and exchange of ideas, Mr. Ali Houseinov - member of the Azerbaijani Parliamentary delegation at PACE, parliamentarian had a comprehensive speech on Implementation of Article 6 of ECHR (Right to a fair trial) in Azerbaijan and answered the questions raised during discussions.

The conference successfully completed its working day on March 15, 2004, all the topics mentioned above have been covered.

Just for information, Ms. Gultekin Gadjiyeva – Parlamentarian, Member of the Azerbaijani Parliamentary delegation at PACE, was the Conference chairperson during the second day. The moderators have been Nadir Adilov - Chairman of Azerbaijan Young Lawyers’ Union and Mr. Azay Guliyev - Chairman of National NGO Forum.

After the report made by Mr. Liam Herrick – an international expert had a speech on provision of Right to Liberty and Security in ECHR, Mr. Inam Karimov – The Department of the Presidential Office Dealing with law enforcement bodies had a speech on practical application of Article 5 (Right to Liberty and Security) in Azerbaijan and answered the questions.

After the report made by Mr. Liam Herrick – an international expert had a speech on provision of Freedom of association in ECHR, Mr. Gulamhusein Alibeyli – Parlamentarian, Member of the Azerbaijani Parliamentary delegation at PACE had a speech on practical application of Article 11 in Azerbaijan. He mentioned that there are practical problems in implementation of Article 11 in Azerbaijan.

After the report made by Mr. Liam Herrick – an international expert had a speech on provision of Freedom of expression in ECHR, Mr. Aflatun Amashov – The Head of Azerbaijan Media Council made a report on practical aspects in implementing Freedom of expression in Azerbaijan

Later, Ms. Elmira Suleymanova - Azerbaijan Republic Commissioner on Human Rights (Ombudsman) made a report on Ensuring human rights and freedoms provided by ECHR in practice in Azerbaijan by means of Ombudsman Institution. The conference participants had a range of complaints and suggesting on the report of Ombudsman.

One of the successes of the conference was that the Ms. Gultekin Gadjiyeva - Conference chairperson during the second day, noticed that the year 2004 will be a year of dialog between state bodies and non-governmental organizations. And it was positively met by the participants.

Freedom of association, arbitrary arrests, existence of torture, bribery, arbitrariness of judges and other topics appeared a discussion object for human rights defenders. Head of the State Registration Office of the Ministry of Justice Mr. F. Mammadov after hearing all the complaints and suggestions had a speech with comments.

From the speakers, famous advocates: Aslan Imailov, Namizad Safarov, lawyers: Intigam Aliyev, Annagi Hacibeyli, Vugar Khasiyev, Hafiz Hasanov by raising the problems in legislation and in this sphere in general, also mentioned existence of many problems in the implementation mechanism.

From the famous human rights defenders Ms. Novella Jafaoglu, Sahib Mammadov, Murad Sadaddinov, Saadat Bananyarli, Isakhan Ashurov, Mais Gulaliyev, Ulvi Hakimov, Avaz Hasanov had a speech brought evidences of human rights violation in Azerbaijan. One of the persons most criticized during the conference was Ms. Elmira Souleymanova Azerbaijan Republic Commissioner on Human Rights (Ombudsman). Human rights defenders, lawyers and other persons who had a speech, accused ombudsman of inactiveness in human rights protection and mentioned that on October 15-16, 2003 she was not able to properly structure her activity.

Generally, notwithstanding that the atmosphere of the conference was strained, all the parties participating on the conference conducted exchange of ideas and resolved general problems in condition of mutual dialog and understanding without violation of ethical norms. Also, as one of the famous lawyers mentioned, it was for the first time that the conference on such a strained topic was concluded without any violation of ethical norms.

AGENDA

This letter was sent to the following persons. We’d like to say that the meetings were conducted with each of the NGO leaders separately. Human rights defenders in Azerbaijan may be divided into several groups, they protect human rights and at the same time fight with each other. Even if it is abnormal, we work with all of them. And representatives of those groups equally participated on the conference.

1. 
   Aslan Ismailov – VIZA Law Firm, President
   
2. 
   Adil Ismailov – ADISAD Law Firm, President
   
3. 
   Namizad Safarov – Collegium of Advocates, Jury member
   
4. 
   Vugar Khasiyev - Collegium of Advocates, member
   
5. 
   Latifa Aliyeva - Collegium of Advocates, member
   
6. 
   Namig Alakbarov – FBK Law Firm, representative
   
7. 
   Annagi Hajibeyli – Azerbaijan Lawyers Association, Chairman
   
8. 
   Anar Bagirov – Baku Legal Centre, Director
   
9. 
   Rena Huseynova – Collegium of Advocates, Member
   
10. 
    Shahbaz Khuduoglu – Qanun journal, Head editor
    
11. 
    Fikrin Brktashi - International Arbitrage Court, Judge in reserve
    

NGOs

1. 
   Arif Aliyev – Yeni Nasil Union of Journalists, Chairman
   
2. 
   Azer Hasrat – Azerbaijan Journalists Confederation, Chief secretary
   
3. 
   Irada Javadova – Public Union on Human Rights Enlightenment
   
4. 
   Saida Gocamanli – Bureau for Protection of Human Rights and Legality, head
   
5. 
   Novella Jafarova – Society for the Defence of Women’s Rights named after D. Aliyeva, Chairperson
   
6. 
   Sheyda Nasibli –Journalists Research Centre, Chairperson
   
7. 
   Avaz Hasanov – Society for Humanitarian Research, Director
   
8. 
   Annagi Hajibeyli – Azerbaijan Lawyers Association, Chairman
   
9. 
   Intigam Aliyev – Society for Legal Enlightenment, President
   
10. 
    Isakhan Ashurov – Independent Lawyers League, Chairman
    
11. 
    Sahib Mammadov – Labour Rights Protection League, Chairman
    
12. 
    Azay Guliyev – National NGO Forum, President
    
13. 
    Akram Abdullayev – National Assembly of Youth Organizations, Chairman
    
14. 
    Murad Sadaddinov – Azerbaijan Foundation of Democracy Development and Human Rights protection, Chairman
    
15. 
    Rena Sadaddinova - Azerbaijan Foundation of Democracy Development and Human Rights protection, Vise-Chairman
    
16. 
    Sabit Bagirov – Foundation for Assistance in the Development of Enterprise & market Economy, Chairman
    
17. 
    Elmira Alakbarova – Development Programs Centre “El”, Director
    
18. 
    Rena Safaraliyeva – Azerbaijan representation of Transparency International, Head
    
19. 
    Umud Mirzoyev – International Eurasia Press Foundation, Chairman
    
20. 
    Mushfig Hagg – Trade Union of Journalist, Head
    
21. 
    Mais Gulaliyev – Centre of Civil Initiatives, Head
    
22. 
    Saadat Bananyarli – International Human Rights Committee, Head of Representation in Azerbaijan
    
23. 
    Eldar Zeynalov – Human Rights Protection Centre, Director
    
24. 
    Tural Kerimli – Azerbaijan Human Rights Foundation, president
    
25. 
    Agamirza Bagirov – Centre for Legal and Economic Education, Lawyer
    
26. 
    Mubariz Ahmedoglu – Centre for Political Technologies and Initiatives, Head
    
27. 
    Ulvi Hakimov – Azerbaijan National Democracy Foundation, Head
    

We would like to mention that the human rights defenders mentioned above are the most famous human rights defenders in Azerbaijan and society knows them very well. The authorities could not in any way sit with them around the table i.e. these paties are almost absolutely opposite to each other. But we can assure you that this did not create problems for the conference. Good relations of AYLU with human rights defenders and state authorities let us to bring these people around one table. We had experinced that several times. Chairman of AYLU Nadir Adilov personally met with persons shown in the list and noticed their suggestions and recommendations.