ABA Rule of Law Initiative Programs - Azerbaijan

Training on freedom of information law in Lenkaran, Azerbaijan. Rashid Aliyev – Staff Attorney and law students of Lenkaran. March 2007.

ABA/ROLI's Anti-Corruption Program undertakes targeted efforts to provide technical assistance and expertise to existing and new anti-corruption entities, to ensure the effective implementation of national policies and international commitments, to raise public awareness about these policies and to provide legal assistance.

• ABA/ROLI works with Transparency Azerbaijan to support Anti-Corruption Legal Advocacy Centers (ALACs) in the cities of Baku, Ganja, and Lenkoran.  These centers provide free legal advice on how to report complaints in cases of misuse of public funds or in situations where a citizen is aware or is a victim of corruption. The ALACs enable citizens to take action against corruption through the provision of information and awareness-raising campaigns. Common issues the ALACs face deal with reinstating land titles for illegally displaced citizens, police harassment charges and bribery cases dealing with government ministries and local government offices.  To date, ALACs have received over 3,000 complaints.  During the last quarter of 2006, there was a five-fold increase in the number of complaints the centers received and responded to compared to the last quarter of 2005.
• Throughout 2006, ABA/ROLI as a member of the Legislative Working Group worked closely with the Council of Europe and the U.S. Embassy in Azerbaijan to review and comment on the Draft Law on the Conflict of Interest for Work of Public Officials.  This law is expected to be submitted for review to the Parliament in 2007.
• In November 2006, ABA/ROLI co-sponsored a highly successful conference on corruption in education with the OSCE called "International Conference on Fighting Corruption in Higher Education: Tools of the Trade."  It was attended by more than 80 participants from government agencies and the private sector.  Because of this conference, a new working group was created to address the issues of corruption in higher education.  Members of the new working group include representatives from state agencies, universities, students, international organizations and large private companies in Azerbaijan.

For more information, contact Frank Hespe, Country Director.

 

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

Since October 2003, ABA/ROLI has developed a dynamic, substantive and responsive program to address the needs of Azerbaijan's long-neglected criminal defense and nongovernmental legal communities. Through its criminal law reform programs, ABA/ROLI focuses on strengthening the quality of criminal defense representation, implementing the Criminal Procedure Code in accordance with international fair trial standards, reforming the current bar association, and raising public awareness about corruption.

• Approximately 700 members of the criminal justice system received training and resource materials on the European Convention on Human Rights (ECHR) in 2006.  ABA/ROLI, in cooperation with the U.S. Department of Justice Office of Overseas Prosecutorial Development, Assistance and Training (DOJ/OPDAT), developed this seminar training series on provisions of the ECHR. These interactive trainings are the first to be offered to mixed groups of judges, prosecutors and defense attorneys throughout Azerbaijan. Ongoing training is now being conducted throughout the regions.
• During 2006, ABA/ROLI conducted a series of trial skills training for prosecutors, defense attorneys, newly selected judges as well as law students. The trial advocacy training uses the National Institute of Trial Advocacy (NITA) method and a locally created anti-corruption/human trafficking case file for the weeklong advocacy skills training.
• After the spring 2006 judicial exams, ABA/ROLI conducted a trial advocacy training for two groups of newly appointed judges at the Judicial Training Center.  Fifty-six total judges took part in the trainings.   The judicial training teaches not only trial advocacy skills for the newly selected judges, but also emphasizes judicial demeanor, decision writing and detention hearings. The judicial training is a joint effort between ABA/ROLI and OSCE. In December 2006, the Georgia and Azerbaijan Criminal Law Programs conducted a joint skills training program in Guduari, Georgia for 24 prosecutors and defense attorneys (6 prosecutors and 6 defense attorneys from each country).  The substance of the training focused on money laundering, bribery and trans-border crimes. Participants were trained on opening statements, closing arguments, witness preparation, direct and cross examination, and trial advocacy ethical issues.  The training culminated in a mock trial between participants. 
• The Criminal Law program has drafted, translated and published a series of legal publications including a handbook for criminal defense attorneys and judges, a two volume test preparation guide for judges, a booklet on the rights of arrestees during detention as set forth in the ECHR, a brochure setting forth the basic rights of drivers to used when they are stopped by the road police and a brochure alerting the public to legally allowable fees which can be charged by Notaries.

For more information, contact Frank Hespe, Country Director.

 

Legal Advocacy Center

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.

ABA/ROLI received a grant from the Department of State's Bureau of Democracy, Human Rights, and Labor (DRL) to create and sponsor a Legal Advocacy Center (LAC).  The LAC's purpose is to provide pro-bono legal services for citizens with a particular focus on human rights cases, and to train and professionalize a cadre of young lawyers.

• Created in the spring of 2006, the LAC continues to take cases that deal primarily with family law, education, alimony, immigration, employment law, contract law, housing, land, pensions, execution of court decisions, state registration of legal entities, citizenship disputes, divorce and child custody cases, and damages resulting from criminal offenses.   To date the LAC has received approximately 1,600 clients and has reviewed, advised and closed the cases of over 900 clients. 
• The LAC also provides on going training opportunities designed to improve the competency and skill set of young lawyers.  Throughout 2006, lawyers received training on Human Rights – Strategic Case Training, Labor Law, NGO Registration, Bar Exam preparation, gender issue training, trial advocacy training on money laundering and ECHR.
• In addition to offering individual legal-based services, the LAC has taken significant steps to provide technical expertise to the community at large.  Throughout the fall of 2006, the LAC worked with a variety of international and local civil society groups to provide basic legal information through trainings and conferences.  Topics covered by LAC lawyers included teaching business law to rural women, providing training on constitutional rights and teaching about human trafficking issues affecting Azerbaijan. 

For more information, contact Frank Hespe, Country Director.

 

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 is working with both state and private universities to facilitate compliance with regional and international legal education standards. ABA/ROLI provides support and expertise on the introduction of a university credit accumulation systems, teaching methodology, curriculum development, and legal clinic programs. In addition, ABA/ROLI implements a street law program, which incorporates legal education into secondary schools and allows law students to teach youth about anti-corruption, human rights and basic principles of democracy.

• ABA/ROLI currently supports legal clinics at Khazar, Western, Naxchivan State and Azerbaijan universities. These legal clinics train students in practical lawyering skills by giving them the opportunity to conduct in-person client legal consultations. Clinic students receive training from ABA/ROLI staff on client interviewing techniques, consultations skills, trial advocacy and substantive areas of law in order to provide high-quality legal services to those who otherwise could not afford legal representation.
• Baku State University successfully launched the first commercial law LLM program in Azerbaijan.  Seven students were admitted to the program. The program began in September 2006 with the inauguration of the new academic year.  ABA/ROLI worked closely with the school throughout the first semester in 2006 to prepare syllabi and teaching materials to support their first academic year.  ABA/ROLI will continue to provide support and assistance throughout 2007. 
• ABA/ROLI's street law civic education program is beginning its third year, with more than 150 law students having been trained to teach classes on practical law and anti-corruption measures to elementary age children.  ABA/ROLI's street law program currently operates out of three primary locations, Azerbaijan University, at ABA/ROLI's office and at Kafkaz University.  Through these centers, law students receive training on the methodology and practice of participatory interactive education, such as small group work, role-plays and simulation.  During these training sessions, the law students have the opportunity to practice street law lessons before beginning to teach in schools. ABA/ROLI staff is currently working with the other universities, the Ministry of Education and local and international organizations to expand this program in 2007. 

For more information, contact Frank Hespe, Country Director.

 

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

Azerbaijan's lack of a trained cadre of legal professionals is a significant impediment to its development of rule of law and democracy.  ABA/ROLI's legal profession reform promotes professional standards and trains the future leaders of the legal profession and justice system.   

• In 2006, ABA/ROLI conducted the first international conference on Women Lawyers in Azerbaijan with the support of USAID, the Azerbaijan Ministry of Justice, and the State Committee for Family, Women and Children's Issues of Azerbaijan.  Over 150 women lawyers, legal experts, law students, government officials, members of civil society and the media attended.  The participants discussed lobbying efforts by civil society actors for gender equality and domestic violence laws, as well as legal protection for women victims and witnesses, and ways to encourage women to participate more broadly in legal associations, businesses and government.  Legal experts from Austria, the former Yugoslav Republic of Macedonia, Georgia, Germany, Iran, Kyrgyzstan, Ukraine, United Kingdom and the United States took part in the conference.  As a direct outcome of this event, ABA/ROLI is now working to create the first women's professional bar association in Azerbaijan.
• In fall 2006, ABA/ROLI established a formal Continuing Legal Education (CLE) program to provide regular training on new legislation, legal skills and on law practice management.  In order to help launch this initiative, ABA/ROLI conducted a survey of over 60 local lawyers to seek input from the legal community regarding interest and need for continuing education.  Some of the topics that were identified were Legal Ethics, Corruption Eradication, Legal Drafting, Courtroom Oral Advocacy, International Standards for Lawyers, Human Rights, Workplace Violence, Workplace Sexual Harassment and Logic and Legal Analysis.  The Training Center began offering classes in February 2007.

Legal Consultation at the region of Ali-Bayramli, Azerbaijan. Shefa Jamalzadeh, lawyer, and clients. January, 2007.

Access to Justice

ABA/ROLI developed a Traveling Lawyer's program in order to increase access to legal services outside the capital of Baku. This program allows qualified lawyers from Baku to travel to the regions in order to advise those communities on their legal rights.  In 2006, ABA/ROLI conducted three outreach sessions in the regions to determine the legal needs in the communities of Lankaran, Guba and Jalilabad.  ABA/ROLI is cooperating with the National Democratic Institute (NDI) to conduct legal consultations at NDI's seven regional centers throughout Azerbaijan.  Between January and August of 2007, two lawyers will visit with two to four of these centers per month. 

For more information, contact Frank Hespe, Country Director.

Elections

In the months leading up to the November 2005 parliamentary elections, ABA/ROLI focused on strengthening the necessary democratic institutions to promote fair and democratic elections. ABA/ROLI implemented a three-pronged approach: strengthening the legal system through lawyer education, strengthening the judicial system through judicial education, and increasing public awareness through educational campaigns.  To accomplish this task, ABA/ROLI prepared an Election Guidebook to serve as a manual for lawyers to address election code violations. ABA/ROLI trained more than 200 lawyers on the election code to provide pro bono legal aid on post-election complaints and placed 50 trained lawyers in 46 courthouses throughout the country to assist voter complaints of which there were over 8,000. 

For more information, contact Frank Hespe, Country Director.