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Rule 9.2 Communication on the Namazov group v. Azerbaijan cases (74354/13)

Free Voices Collective submitted Rule 9.2 Communication on the Namazov group v. Azerbaijan cases to the Committee of Ministers of the Council of Europe
on 29 April 2026, ahead of the Committee’s 1563rd Human Rights (DH) meeting scheduled for June 2026.

The communication concerns the continued non-execution of the European Court of Human Rights’ judgments in the Namazov group of cases, which
relate to the disbarment of lawyers in Azerbaijan and violations of their rights under Articles 8 and 10 of the European Convention on Human Rights.
The submission highlights persistent structural deficiencies in disciplinary proceedings against lawyers, the lack of judicial independence, and the use of
disciplinary mechanisms to silence lawyers involved in politically sensitive cases.

The submission recalls that the European Court found that Azerbaijani authorities violated the applicants’ rights through arbitrary disciplinary sanctions,
lack of procedural safeguards, disproportionate interference with lawyers’ professional activities, and punitive measures imposed in response to public
statements on matters of public interest. The Court also stressed the chilling effect such measures have on freedom of expression and the independence
of the legal profession.

Key concerns raised in the submission

The Rule 9.2 communication stresses that:

  • Azerbaijani authorities have failed to fully execute the Court’s judgments and continue selective implementation of individual measures;
  • Several applicants remain deprived of effective remedies, restoration of bar membership, and payment of just satisfaction awarded by the Court;
  • Lawyers involved in politically sensitive and human rights cases remain particularly targeted and excluded from restoration measures;
  • Amendments adopted to the Law on Advocates and Advocacy Activity in October 2025 further concentrated disciplinary powers in the Presidium of the Azerbaijan Bar Association rather than strengthening safeguards;
  • The new legislation removed automatic judicial oversight over disbarment decisions and expanded the Bar Presidium’s authority to directly disbar lawyers;
  • Domestic legislation and practice continue to allow arbitrary disciplinary proceedings based on lawyers’ public statements and criticism of state institutions;
  • Lawyers’ activities outside their professional functions, including social media expression, are increasingly subjected to disciplinary scrutiny and restrictions;
  • The Azerbaijan Bar Association and domestic courts continue to lack institutional independence from the executive, undermining effective protection of
    lawyers’ rights and professional independence.

Free Voices Collective’s recommendations to the Committee of Ministers

Individual measures

Free Voices Collective calls on the Committee of Ministers to urge the Azerbaijani authorities to:

  • Fully implement all outstanding individual measures in respect of all applicants without selective enforcement;
  • Ensure payment of just satisfaction awarded by the Court and reopening of domestic proceedings where necessary;
  • Restore bar membership for all affected lawyers in a non-discriminatory manner.

General measures

The submission further calls on the Azerbaijani authorities to:

  • Reform disciplinary proceedings against lawyers in line with Convention standards and restore effective judicial safeguards;
  • Limit the powers of the Presidium of the Azerbaijan Bar Association and ensure independent oversight of disciplinary decisions;
  • Protect lawyers’ freedom of expression both within and outside their professional activities;
  • Ensure disciplinary proceedings do not replace or prejudice the competence of ordinary courts;
  • Undertake broader structural reforms to secure the institutional independence of the Azerbaijan Bar Association and the judiciary from executive influence.

DH-DD(2026)608

Given the ongoing deterioration of the environment for independent lawyers in Azerbaijan and the authorities’ failure to implement the Court’s judgments
effectively, the communication urges the Committee of Ministers to maintain enhanced supervision of the Namazov group of cases and closely monitor further developments affecting the independence of the legal profession.

Click here to read the submission: Rule 9.2 Communication on the Namazov group v. Azerbaijan cases (74354/13)

See our previous submission on: the Namazov v. Azerbaijan Group of cases (74354/13)