Does the Chamber of Advocates need new “blood”…?

For several days now, not one but several lawyers have been writing about the Bar Association, which is called "the head" by all the lawyers. Saidali Mukhtoraliyev, who posted that "the Chamber of Advocates needs new blood," started these discussions.

He informed that on November 17, 2023, the term of office of Alim Ernazarov, the current chairman of the Chamber of Advocates of Uzbekistan, will expire. So, a new leader will be elected to the main legal organization that is independent from the state, and this event may take place on November 18 of this year.

Mukhtoraliyev, who provided detailed information on how the chairman of the chamber is elected, added that nothing has changed in the five years that the current chairman of the chamber has served.

"It is clear that the leadership of the Bar Association needs new "blood"; anyone can express this opinion when looking at the past 5 years, and I am sure that most lawyers will confirm this.

At the moment, many lawyers are pondering the question: Who will be the new chairman of the chamber? According to what criteria are candidates selected? Will the candidates have specific programs for the development of the legal profession system, and will they be presented to the members of the Chamber in advance? Aren't the candidates chosen from those who sit idly by until there is an initiative from the President or the Ministry of Justice? Is their reputation among lawyers taken into account? Will they be able to keep pace with the changes reflected in the updated Constitution and support the lawyers along the way? Can they protect lawyers who are being prosecuted for no crime? And, most importantly, will it be possible to ensure the independence of the Bar Association of Uzbekistan?" said Saidali Mukhtoraliyev.

He added that, according to the charter of the Chamber of Advocates, every lawyer who is a member of the chamber has the right to participate in the election of the leading bodies of the chamber. They also want answers to important questions for lawyers and to make the election process transparent.

Here, we will provide brief information about the Chamber of Advocates. The Chamber of Advocates of the Republic of Uzbekistan was established in 2008 based on the decision of the founding conference of the Chamber of Advocates on the foundation of the Association of Advocates of Uzbekistan and its regional branches.

On November 17, 2018, at the conference of the Chamber of Advocates, Alim Kadirovich Ernazarov was elected as the chairman of the Chamber of Advocates for a period of 5 years.

Ernazarov worked in various responsible positions in the State Water Construction Committee, the Ministry of Justice, and the National Bank of Foreign Economic Activities. He started his legal career in 2004, and in 2008, he was elected the chairman of the Chamber of Advocates for a five-year term.

Another lawyer, Usmonkhan Salokhiddinov, reacted to his colleague's post on his Telegram channel entitled "The Chamber of Advocates needs new blood," and the whole chamber shared it on his Telegram channel. When the chamber either ignored the lawyer's objections or managed to refute them, they got away with sharing a response from another lawyer to this post.

"In the history of the bar, no leader has made progressive changes for the Bar of Uzbekistan like Ernazarov. I support the re-election of the current leader for a second term. I have been working as a lawyer for almost 29 years. I am also authorized to practice law in several other countries.

I would like to emphasize that it is no exaggeration to say that among the CIS countries, the Uzbek Bar Association has taken the first place in reforms, protection of lawyers' rights, and international cooperation. No other country has held a prestigious and exemplary international conference on the initiative of AP within 5 years. In order to protect the rights of lawyers with the initiatives of A. K. Ernazarov and the Ministry of Justice, positive proposals are being made and changes in the law are being implemented," says Salokhiddinov.

He added that determining the status of lawyers at the Constitutional level is a universally positive result. In addition, he says that claiming that "new blood is needed" after so many reforms is nothing but hypocrisy.

"Do not talk rubbish just because I have the right; remember responsibility and accountability," says lawyer Salokhiddinov.

In addition, several lawyers express their displeasure with the Bar Association on their social media pages. In particular, lawyer Abdumalik Abdullayev writes to the chairman of the Chamber of Advocates that he has many questions.

Article 12-2 of the Law "On Advocacy" defines the main tasks of the Chamber of Advocates. One of them is to represent and protect the rights and legal interests of lawyers. This norm also provides for their preliminary investigation and protection in court.

What exactly has the chamber done in this direction? Which lawyer was represented in which case? Especially the acquitted three females in a criminal case? Maybe she wasn't in the position of a spectator, right?! So, there are many questions," said Abdullayev.

Several lawyers interviewed by QALAMPIR.UZ expressed their dissatisfaction with the chamber. Iskandar Mukhidov says that the chamber does not create conditions for lawyers to improve their qualifications, study, and work on themselves, and so far, the chamber has not cared for lawyers.

"In order to get a job in the internal affairs bodies, you study at a sergeant's school for 3-6 months. There is also a special school for you to enter the prosecutor's office. But you don't study anywhere to become a lawyer. Whether or not you upgrade your qualifications, you will still become a lawyer. This is wrong. That is why lawyers should also study. In the Criminal Procedure Code, after the status of the lawyer and the prosecutor are equal, their knowledge and skills should be the same.

I ask the Chamber of Advocates: what did it do for the lawyers as a chamber? But we pay the lawyer's fee every month; if we delay it for a month, there will be a riot.

But what did the chamber do with the money it received from the lawyers? Let them do nothing to us, but the money should be spent on the development of the advocacy institute; the advocacy institute should be developed," says lawyer Iskandar Mukhidov.

Lawyer Abdurauf Khakimov says that the Chamber should be active and independent.

"So many lawyers are being arrested, accusations are being made against lawyers on social media, and the chamber is silent about it...

If the lawyer submits only one questionnaire and does not receive an answer on time, he can be fined two minimums... That's it... What did the Chamber do to raise the status of the lawyer? I don't really know. We do not know what the monthly contributions are spent on. Not to mention independence. We should be able to choose the chairman of the Chamber independently, not the Ministry of Justice. The chamber must report quarterly on its achievements and shortcomings. In short, it is necessary to add passion to the activity; if enthusiasm is courage, work will be done, and there will be development," says Abdurauf Khakimov.

"We interviewed several lawyers and listened to their objections. Alim Ernazarov, the "senior" of the Chamber of Advocates, while reacting to the objections of the lawyers, said that he was not surprised that all these objections appeared on the eve of the end of his five-year career. He answered our question as to why the Chamber of Advocates did not issue an official response to the protests:

"The chamber is an official organization. No one has addressed us with an official letter of objection. There are also objections to the report. According to the charter, the report on the five-year activity of the chamber is submitted to the conference by the chairman of the Chamber of Advocates. The conference should be attended by 140 delegates elected by lawyers of the Republic of Uzbekistan. Nevertheless, I have tasked the preparation of all the information to inform 5000 lawyers. I am not legally obligated to provide this report in advance. Nonetheless, we publish all the information. New "blood" is needed everywhere. I agree with that. I am not saying that those who wrote are bad," says the chairman of the chamber.

In addition, he says that the Chamber of Advocates has continuously provided legal assistance to lawyers. Ernazarov claims that he is a person who avoids PR and added that he does not disclose much about the assistance given to lawyers when they have a case.

"It was said that the Chamber does not protect lawyers. This is 100 percent false. I can give an example of a recent case involving three female lawyers. When the case against them started, we sent a letter signed by me personally to the Prosecutor General and the Representative of Human Rights. We wrote a letter to the lawyers stating that there are elements of oppression in the case and cited several cases. In addition, during the trial, lawyers went and talked with their colleagues and directly participated in the proceedings.

We contacted the advocates of the female lawyers and asked how we can help. We have published all the information about this on the official pages of the chamber.

The female lawyers were acquitted. I did not visit them in person. I did not meet with them to avoid any perception of me seeking personal recognition. I am far from being someone who seeks PR. I contacted the female lawyers by phone and asked about the situation. I told them that the Chamber of Advocates is always with them and supports them," said the chairman of the chamber.

When we discussed the lawyer's fees, which are objected to by most lawyers, the chairman of the chamber also touched upon where the money from the 5000 lawyers will be used. He added that the chamber is not obliged to provide an account of how it spends the money.

"130 employees work in the Chamber of Advocates. Their salaries, the necessary equipment for employees in the region, and utility bills for our facility are covered by the fees paid by the lawyers. There is no provision in the charter that requires the chamber to provide such information. I believe this argument is flawed. Nonetheless, in 2019-2020, I visited every region, gathered lawyers, and explained what the chamber is doing, where and how much money it is spending, and the laws it operates under. Every year, we publish quarterly reports on the website. Some have read this information, while others have not. There may also be those who have read it but misinterpreted it. Since I started working until today, I have all the accounting information in my possession," says Ernazarov, the "senior" of the ward.

Alim Ernazarov, who strongly objected to the lawyers' objections, also addressed the issue of their education and training. He stated that according to the law, a lawyer should improve their qualifications every three years. But the financial aspect...

"It is their responsibility to study every three years. They must cover the costs themselves according to the established procedure. It is not the chamber's responsibility to fund their education and training," says the chairman.

When we asked Alim Ernazarov to evaluate his work in the closing remarks, he expressed satisfaction with his work.

"If I were not satisfied with my work, I would have already left this position," says the chairman of the chamber.

Tomorrow, on September 23, a significant meeting of Tashkent lawyers will be held. The main issue at the meeting is the election of 10 delegates and 2 board members from the Tashkent regional office of the Chamber of Advocates. These delegates and board members will represent lawyers in the election of the chairman of the Republican Chamber of Advocates at the Conference meeting on November 18, 2023."