12
ANNAGI HAJIBEYLI v. AZERBAIJAN JUDGMENT
A. The parties’ submissions
1. The Government
57. The Government noted that the case files relating to the proceedings
before the Court, including the applicant’s, had been taken from
Mr Aliyev’s office on 9 August 2014 and were in the prosecution
authorities’ possession for a period of seventy-six days, until 25 October
2014 when they were returned to Mr Aliyev’s lawyer.
58. The Government further noted that in the applicant’s case by
9 August 2014 the parties had already submitted all the observations,
comments, proposals and claims requested by the Court. Accordingly,
during the period when the applicant’s case file was in the prosecution
authorities’ possession no correspondence was taking place between the
Court and the parties, and the applicant and his lawyer were awaiting the
Court’s decision. For these reasons, the Government considered that there
had been no hindrance by the State of the effective exercise of the
applicant’s right of application.
2. The applicant
59. The applicant noted that the contents of the case file had no
connection with any of the formal criminal charges brought against
Mr Aliyev. He further argued that Mr Aliyev’s arrest was “part of the
[recent] serious crackdown on civil society in Azerbaijan, including the
lawyers and human rights [activists]”.
60. The applicant submitted that during the searches of 8 and 9 August
2014 the investigators had indiscriminately seized all the documents in
Mr Aliyev’s office, including his case file. Contrary to the requirements of
the domestic rules of criminal procedure, the investigators in charge of the
search did not make an inventory of the seized documents in the search
record. The applicant noted that on 25 October 2014 some of the
documents, including his case file, had been returned to Mr Aliyev’s
representative, Mr Javadov. However, according to the applicant, some case
files relating to applications by other applicants had not been returned.
3. The International Commission of Jurists (ICJ), the third party
61. In their submissions, the ICJ summarised international standards on
non-interference with the work of lawyers, enshrined in the UN Basic
Principles on the Role of Lawyers, the Draft Universal Declaration on the
Independence of Justice (the Singhvi Declaration) and other documents
which recognise the role of lawyers as essential agents in the administration
of justice. The ICJ noted that, despite such recognition under international
law, lawyers in many jurisdictions incur serious risks when carrying out
their professional functions.