Azerbaijan is aligning a range of laws with a proposed new law on free legal aid to expand access for vulnerable groups and strengthen protection of their constitutional rights.
“Operative Information Center-OMM” reports that the draft amendments cover the Civil Procedure Code, the Criminal Procedure Code and the Penal Enforcement Code, as well as laws on perpetuating the memory of martyrs and benefits for their families; veterans; the status of refugees and internally displaced persons; social protection for children who have lost parental care; the legal profession; prevention of child neglect and juvenile delinquency; combating human trafficking; targeted state social assistance; prevention of domestic violence; the rights of persons with disabilities; and children’s rights.
The document was discussed at a meeting of the Milli Majlis Committee on Labor and Social Policy today. The bill establishes the right to free legal aid for families recognized as martyrs’ families, veterans, people granted refugee status, children deprived of parental care, minors, victims of human trafficking, members of families receiving social assistance, people affected by domestic violence, and unemployed persons with disabilities.
The report noted that the Law of the Republic of Azerbaijan on Advocates and Advocacy is among the laws that need to be amended in connection with the proposed Law on Free Legal Aid.
The draft sets out advocates’ duty to provide free legal aid and regulates the activities of the Presidium of the Bar Association in this area. A key change is that advocates’ fees, which were previously set by the relevant executive authority, would be determined by law under the proposal.
Under the draft, the Presidium of the Bar Association would organize the provision of free legal aid in accordance with the new law. It would set the application and reporting forms to be submitted to the Bar Association by aid applicants and providers, establish procedures for selecting advocates who provide free legal aid, and maintain a register of providers—including people granted paralegal status—based on the areas in which they work.
The draft would also add to advocates’ duties a requirement to provide at least 30 hours of free legal aid each year, in the public interest, to persons defined by law.
