The Chamber of Lawyers of Armenia intends to send a lawyer to the trial of Armenian saboteurs in Azerbaijan. An article by the Azerbaijani news agency Turan, published in connection with this intention of the Armenians, states that legislation and a number of other factors are blocking the way for Armenian lawyers in Baku.

After the signing of the statement on November 10, 2020, following the Second Karabakh War, a group of Armenian saboteurs was deployed to the territory of Azerbaijan and, occupying positions in a forest area near the north-western part of Hadrut village of the Khojavend region, committed terrorist acts and other criminal acts against military personnel and civilians of Azerbaijan.

On December 13 last year, the armed group was captured. Some time ago, the preliminary investigation in the criminal case of these persons was completed. Currently, 13 of them are on trial.

The Armenian saboteurs are charged under Articles 214.2.1, 214.2.3 (terrorism committed by a group of persons by prior conspiracy, by an organized group or a criminal community (criminal organization) using firearms and items used as weapons), 228.3 (illegal acquisition of weapons, their components, ammunition, explosives and devices by an organized detachment), 279.2 (attack on enterprises, institutions, organizations or individuals as part of armed formations or groups not provided for by law) and 318.2 (illegal crossing of the state border of the Republic of Azerbaijan by a group of persons by prior conspiracy or organized group) of the Criminal Procedure Code of the Republic of Azerbaijan.

As for the desire of Armenian lawyers to come to Baku in order to protect saboteurs, first of all, the legislation related to lawyers and advocacy in Azerbaijan is based on the Constitution of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan "On advocates and advocacy" and international treaties to which the Republic of Azerbaijan is a party.

According to Part II of Article 2 of the Law "On Lawyers and Advocate Activity", procedural rights and obligations of lawyers in Azerbaijan are regulated by the Criminal Procedure, Administrative, Administrative Procedure and Civil Procedure Codes of the Republic of Azerbaijan.

But, do the listed legislative acts allow Armenian lawyers to participate in the trial of Armenian saboteurs in Baku?

According to the first part of Article 4 of the Law "On advocates and advocacy" in Azerbaijan, advocacy can only be carried out by persons who are members of the Azerbaijani Bar Association and who have taken the oath of an advocate in accordance with the established procedure.

The requirement of paragraph 1 of Article 92 (defender) of the Criminal Procedure Code of the Republic of Azerbaijan is similar. According to this article, only a lawyer who has the right to carry out advocacy in the territory of the Republic of Azerbaijan can participate in criminal proceedings as a defender. Paragraph 7 of this article says that when assuming the functions of protecting a suspect or an accused, as well as a legal entity in relation to which proceedings on the application of criminal legal measures are being carried out, the defender must submit to the body conducting the criminal procedure an identity document and the right for the implementation of advocacy in the territory of the Republic of Azerbaijan, as well as an order of a lawyer institution.

The corresponding provision in Article 66 of the Civil Procedure Code of the Republic of Azerbaijan reads: “Lawyers, whose powers are confirmed in the established order in the Republic of Azerbaijan, may participate in civil proceedings on the territory of the Republic of Azerbaijan”.

At the same time, Article 26 of the Law on Lawyers and Advocate Activity provides for the procedure for the provision of legal assistance by foreigners, but this procedure doesn’t give a foreign lawyer a direct right to defense.

Thus, according to Part 1 of Article 26, the provision of legal assistance by foreign lawyers on the territory of Azerbaijan is limited to consultations and conclusions on the application of the laws of the state to which the foreigner belongs, or the norms of international law.

That is, a foreign lawyer can participate in the process, but subject to a number of conditions: the main defender must be a lawyer operating in Azerbaijan; a foreign lawyer cannot act as a defense lawyer at the trial.

In addition, Part II of this article states that foreign lawyers are allowed on the territory of Azerbaijan in the following cases: in civil cases, criminal cases, cases of administrative and commercial disputes, cases of administrative offenses on the basis of mutual relations and in accordance with international treaties, to which the Republic of Azerbaijan is a party.

Thus, the absence of any agreement on mutual relations between Azerbaijan and Armenia, in particular, diplomatic relations, makes it impossible for Armenian lawyers to come to Baku.

That is, both the legislative provisions and the very fact of the absence of relations between Azerbaijan and Armenia in any form exclude the participation of Armenian lawyers in the trial in Baku.