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This letter is written on September 11, 2009, several days left to the trial over the bloggers Adnan Hajizadeh and Emin Milli. The letter is addressed to Araz Huseynov, the judge of Sabail District Court of Baku, who will try the case (ed).

By Leyla Yunus,

Dear Araz Huseynov,

Every man’s lucky stars give him a chance once in a lifetime - a chance to reverse the situation, a chance to make his choice, I am tempted to say, for good and fairness, for conscience and honor. Today is YOUR chance.

For almost 20 years of my human rights activities I have taken an interest in and studied judicial systems and practices of many countries of the world. I will not speak about such advanced models as the judicial systems of Great Britain or Germany. What I did really always concern myself with were post-colonial, mainly, Muslim countries - Egypt, Pakistan, former Soviet republics. I came to a discovery of a disgustingly consistent pattern, that is, the impossibility to find a judge (they are not available at all) in neither of former Soviet republics, including Azerbaijan, Uzbekistan, Tajikistan, Turkmenistan, who is prominent for his/her incorruptibility and independency, who pass judgments and sentences guided by rights and law. Meantime, in the authoritarian Egypt there are, as my colleagues witness, judges, particularly those with the Supreme Court, whose decisions are based solely on law. It was two years ago when judges in Pakistan were awarded a special Prize of the World Movement for Democracy for their fight against the regime standing up for the constitutional provisions. I attended the ceremony of awarding a judge from Pakistan with this prize. My envy knew no bounds that time. Why? Why on earth are there independent judges in this former British colony abundantly loaded with problems of illiteracy, women’s rights and the Sharia? But we have no such judges, and still nobody is on the horizon. And then I came to realize it: Judges in these countries are among the elite! Highly educated noble people with self-respect become judges. They apriori cannot be pawns in somebody’s hands.

However, following the collapse of the Soviet Union the situation with the judiciary manpower in Azerbaijan became worse than during the Soviet times. However, the chance is all yours.  Today all attention of the international community is focused on the case of Adnan Hajizadeh and Emin Milli.  There is no point in mentioning all the international organizations and structures, which made statements demanding release of the young people. The list of these organizations alone will take a whole page. This has been the first ever case of such solidarity and efforts in my 20-year-old practice! This has never happened before. And it is another sign of a very rare and one and only chance which has fallen today on you.  Do not miss it! You only need to perform your judge’s duty with honesty and professionalism – to try the case publicly on the basis of law and in  just way. You must be honest and professional citizen.

What will you face then? You will become famous. Your name accompanied by best references will appear in all reports of all top international organizations. You will be receiving lots of invitations to various international forums of lawyers; you will become a winner of numerous prizes. You will be an honorary guest and sit in the presidium of many conferences. You will find followers. But it is you who has this chance to be the First!

No punishment will reach you as you will become untouchable. Your children will be asked a question, “Are you son (daughter) of the very prominent Araz Huseynov?" Your name will appear not only in textbooks for a faculty of law, but also in school textbooks on history...

This is a true perspective. Your future is in your hands. To be a professional guided by law is difficult, but not impossible. And, finally, an impartially held legal trial will help also those out who ordered this farce and painted themselves into a corner. With a sentence on the case of Adnan Hajizadeh and Emin Abdullayev (Milli) based on law and right, you will help these people break the deadlock saving faces. For it will be YOUR professional decision.

Every man has his own chance and the main point is not to miss it.

As the English say, “Lost opportunity never returns”.

Leyla Yunus,

Director, Institute of Peace and Democracy

P.S.The poet Konstantin Simonov wrote these verses,

«Letters are different …

At times they are lovely, and often in vain.

But who knows, who».