ANNAGI HAJIBEYLI v. AZERBAIJAN JUDGMENT
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62. Citing the Court’s case-law extensively, the ICJ, intervening, stated
that confidentiality of communications between lawyers and their clients
was a well-established principle of international human rights law,
recognised as an element of the right to a fair trial, as well as of the right to
respect for private life, home and correspondence. The significance of
lawyer-client confidentiality in any justice system for the effective
protection of rights guaranteed under the Convention required particularly
close scrutiny of any interference with such confidentiality, including
searches of lawyers’ premises and seizure of documents.
63. The ICJ further summarised the Court’s case-law under Article 34 of
the Convention, focusing particularly on the Court’s jurisprudence on acts
directed at the lawyers or legal representatives of the applicants that were
found to have discouraged or impaired the pursuance of an individual’s
right of petition. The ICJ further stressed that, in assessing the impact of any
acts by the authorities which might hinder an applicant’s effective exercise
of the right of individual application, account should be taken of the
national context. In this connection, the intervener pointed to the current
situation in Azerbaijan as identified by various international organisations
and NGOs who had expressed their growing concern at the treatment of
human rights defenders in the country.
B. The Court’s assessment
64. According to the Court’s case-law, a complaint under Article 34 of
the Convention is of a procedural nature and therefore does not give rise to
any issue of admissibility under the Convention (see Cooke v. Austria,
no. 25878/94, § 46, 8 February 2000, and Ergi v. Turkey, 28 July 1998,
§ 105, Reports of Judgments and Decisions 1998-IV).
65. The Court reiterates that Article 34 of the Convention imposes an
obligation on a Contracting State not to hinder the right of individual
petition. While the obligation imposed is of a procedural nature,
distinguishable from the substantive rights set out in the Convention and
Protocols, it flows from the very essence of this procedural right that it is
open to individuals to complain of its alleged infringement in Convention
proceedings. The Court also underlines that the undertaking not to hinder
the effective exercise of the right of individual application precludes any
interference with the individual’s right to present and pursue his complaint
before the Court effectively (see Chaykovskiy v. Ukraine, no. 2295/06, § 84,
15 October 2009, with further references).
66. It is of the utmost importance for the effective operation of the
system of individual petition guaranteed by Article 34 of the Convention
that applicants or potential applicants should be able to communicate freely
with the Court without being subjected to any form of pressure from the
authorities to withdraw or modify their complaints (see Akdivar and Others