Jun 22, 2020 | News
Today, the ICJ, the Regional Office of the UN High Commissioner for Human Rights (OHCHR) for Central Asia and the Nationwide Movement “Yuksalish” are holding an Expert Discussion on the impact of COVID-19 on access to justice for economic, social and cultural rights (ESC rights) in Uzbekistan and comparative experiences from Europe and Central Asia.
The Fifth Expert Discussion, Access to justice in times of COVID-19, will address issues including access to a lawyer and access to court.
The event will present an opportunity to national and international experts, including lawyers, judges, members of UN human rights bodies, civil society, and other experts to debate questions of fundamental importance for ensuring access to justice and the protection of human rights in Uzbekistan.
“The COVID-19 pandemic has put new challenges before justice institutions around the world, including in Uzbekistan. These measures affected access to lawyers and courts judiciary therefore impeding full access to justice. This event will present an opportunity to discuss the solutions of States from around the globe about their responses to the pandemic. We believe that sharing experience among judges, lawyers and international experts from around the world will enrich the National debate and give an impulse for further development and the independence of the judiciary in Uzbekistan” said Akmal Burkhanov, Chairperson of the Nationwide movement “Yuksalish”.
“The pandemic became the so-called “maturity test” for the justice system and many of the urgent issues should be resolved in the light of the anti-COVID-19 measures taken. Therefore, I would also see the pandemic as an opportunity. The opportunity for transforming, changing for the better the functioning of traditional courts, provided that a high quality of justice and respect for individual rights are at the forefront of all changes,” pointed Eduards Stiprais, EU Ambassador to Uzbekistan.
Ryszard Komenda, Regional Representative of the UN Office for Human Rights for Central Asia quoted the UN High Commissioner for Human Rights, Michelle Bachelet, who stated that “in order to cope effectively with the pandemic states may need to introduce certain restrictions on the exercise of certain human rights, however, such restrictions need to be necessary, proportionate, and non-discriminatory”. Mr. Komenda noted that “the impact of the regulations on lockdown affected the day-to-day work of courts and lawyers. From the perspective of international human rights standards, it is crucial that the right of individuals to an operative and independent judicial system, in particular the right to an effective remedy, habeas corpus guarantees and access to a lawyer of one’s choosing are strictly adhered to”.
“Our fifth Expert Discussion on economic and social rights, is devoted to addressing the major problems people have in getting access to justice and defending their rights during the global COVID-19 pandemic,” said Sam Zarifi, the ICJ Secretary General.
“The ICJ has documented how around the world the pandemic has severely affected peoples’ right to health, to food, to water, to education and to sanitation, and we have also seen the additional difficulties facing people with lower income and access to the levers of power.”
“We aim to discuss how international law and national best practices can help the judiciary and legal system alleviate some of the human rights issues arising from Covid-19 in Uzbekistan, and maybe even build a more responsive and accountable system after the pandemic.”
Background:
The Expert Discussions on ESC rights aim to raise awareness about the implementation of international law and standards on ESC rights by the national justice system, to facilitate access to justice in relation to ESC rights and promote effective use of international law on ESC rights at the national level. Each Expert Discussion is attended by international and national experts.
The first discussion was held in September 2018 on international standards in labour rights. The second meeting, held in December 2018, concerned judicial application of the principle of non-discrimination; the third meeting, held in March 2019, was dedicated to the rights of people with disabilities, and the forth meeting, held in October 2020, discussed the right to adequate housing in Uzbekistan.
Uzbekistan ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1995.
The Expert Discussions are organized by the ICJ within the framework of the “Advancing Civil Society in Promoting economic, social and cultural rights (ESCR) Standards in Uzbekistan (ACCESS)” Project funded by the EU through the European Instrument for Democracy and Human Rights (EIDHR).
Contact:
Dilfuza Kurolova, ICJ Legal consultant, t: +998 90 9050099 ; e: dilfuza.kurolova(a)icj.org
Agenda:
English version
Russian version
Uzbek version
Sep 30, 2019 | Agendas, Events, Uncategorized
Today, in the framework of the EU funded project “Enhancing legal protection of migrants rights in Kazakhstan”, the Legal and Policy Resource Center (LPRC) and the ICJ began a series of three trainings linked to this issue for lawyers and civil society organizations.
Three two-day trainings on “International and national Law on the protection of migrants in legal practice” will take place from 30 September to 5 October in Nur-Sultan, Shymkent and Almaty.
The trainings will address international and national law and standards relevant to the protection of the rights of migrants, including in situations of expulsion and detention, as well as with regard to the respect, protection and fulfilment of their economic, social and cultural rights.
During the trainings, 100 attorneys and lawyers of non-governmental organizations from 10 regions of Kazakhstan will be trained.
Kazakhstan-Training-Agenda-MigrationIHRL-NurSultan-2019-engrus (download the agenda of the Nur Sultan training in Russian and English)
Kazakhstan-Training-Agenda-MigrationIHRL-Shymkent-2019-engrus (download the agenda of the Shymkent training in Russian and English)
Kazakhstan-Training-Agenda-MigrationIHRL-Almaty-2019-engrus (download the agenda of the Almaty training in Russian and English)
May 6, 2019 | Agendas, Events
Today, the ICJ, together with the General Prosecutor’s Office of Uzbekistan, UNODC and OHCHR are holding the first regional meeting of prosecutors from Central Asia and the Russian Federation to discuss international law and standards in the field of extradition, mutual legal assistance, the rule of law and human rights.
The workshop aims to facilitate exchange of experiences regarding the law and practice of extradition in European and Central Asian countries. Presentations at the workshop will analyse international law and standards on effective criminal justice co-operation and the protection of human rights in extradition, and their application in practice..
The workshop will present cases of mutual cooperation in the field of criminal law from national courts as well as from international mechanisms such as the European Court of Human Rights, the UN Committee against Torture and the UN Human Rights Committee.
The workshop is taking place in Tashkent (Uzbekistan) and is hosted by the Prosecutor General’s Office of Uzbekistan.
More than twenty prosecutors from Kazakhstan, Kyrgyzstan the Russian Federation Tajikistan, Turkmenistan, and Uzbekistan are participating in the event that includes international experts from UNODC, ICJ, including ICJ Commissioner and Emeritus Spanish Supreme Court Justice, José Antonio Martin Pallin, and Italian Prosecutor Lorenzo Salazar.
Feb 13, 2019 | Advocacy, Non-legal submissions
The ICJ has opened a call for written submissions on the misuse of criminal law in the areas of sexuality, reproduction, drug use and HIV.
In 2016 the UN Secretary General called for the removal of punitive laws, policies and practices that violate human rights, stating that the misuse of criminal law often negatively impacts on health and human rights, particularly in areas of sexuality, reproduction, sex work, drug use and HIV.
Recognizing a need for greater guidance to achieve such law reform, ICJ is seeking inputs for the development of principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on sexuality, reproduction, drug use and HIV.
This is an important opportunity for civil society, academics, law makers, human rights experts, community groups and persons affected by the relevant criminal laws, to provide input, including on the effect of such criminal laws, when and how criminal law should be used, what reforms are needed and what role criminal law should play in the relevant areas.
A background paper providing further information is annexed to the call for written submissions.
The deadline for submissions is the 31st of March 2019.
These submissions will feed into the development of a set of principles to address the detrimental impact on health, equality and human rights of criminalization with a focus on select conduct in the areas of sexuality, reproduction, drug use and HIV.
Please send your submissions, as well as any questions or clarifications, to decrimconsultation@icj.org
CallforSubmission-DecriminalizationProject-ICJ-2019-2-eng (download the call in English)
CallforSubmission-DecriminalizationProject-ICJ-2019-2-fra (download the call in French)
CallforSubmission-DecriminalizationProject-ICJ-2019-2-esp (download the call in Spanish)
CallforSubmission-DecriminalizationProject-ICJ-2019-2-rus (download the call in Russian)
Jul 31, 2018 | News
Today, the ICJ called on the government of Kazakhstan to drop all charges of “knowingly disseminating false information” against lawyer Bauyrzhan Azanov related to his representation of a child who is the alleged victim of sexual abuse by older children.
“The prosecution of Bauyrzhan Azanov in relation to statements he made as part of his representation of a child violates the lawyer’s freedom of expression, and prevent him from effectively representing his client,” said Temur Shakirov, Senior Legal Adviser for the ICJ’s Europe and Central Asia Programme.
“Instead of targeting a lawyer, the investigative authorities should use their resources to investigate the allegations of human rights violations in this case and ensure the protection of the rights of this child in accordance with Kazakhstan’s international obligations,” he added.
Bauyrzhan Azanov, a prominent lawyer in Kazakhstan, took up a high-profile case in which he represented a minor, an alleged victim of sexual and physical abuse over a prolonged period.
The case became public in March 2018 through media reports.
Once the case became public several district police officers were fired, and two heads of schools and some other state agents were suspended from office, reportedly in relation to their failure to report and investigate the case.
In his statements in the social media, Azanov alleged the investigation had been obstructed due to corrupt reasons.
In reaction to this, on 21 May 2018, the mother of the minor submitted a complaint against Azanov where she expressed concerns about “social tension”, “forming a negative image of the investigative body” and herself “as a mother”.
Following the mother’s complaint, on 24 July, the General Prosecutor’s Office initiated a criminal investigation against the lawyer for knowing dissemination of false information, which alleged that:
“The information disseminated by lawyer B. Azanov was deliberately distorted and untrue, which created a false idea among the public about the alleged corruption of justice system, investigative bodies, the mother of the child and other persons. This caused psycho-emotional and social tension among the public and created a threat of destabilization of the internal political situation, thereby creating a threat of violation of public order.”
Through the media, Azanov has denied the allegations against him and has stated that he acted in the best interests of his client and sought to ensure accountability for criminal acts.
On 1 June 2018, Nursultan Nazarbayev, President of the Republic of Kazakhstan commented on the case stating that unreasonable prolongation of the investigation is connected with the nepotism in the police and higher investigative authorities.
The Ombudsperson, members of the Kazakhstan Bar Association and human rights activists have made public statements in support of Bauyrzhan Azanov.
In these circumstances, the ICJ is concerned that criminal charges against lawyer Bauyrzhan Azanov for public comments in which he raised concerns about possible violations of human rights of his minor client, may violate the lawyer’s right to freedom of expression.
The right to freedom of expression is protected under international treaties to which Kazakhstan is a party, including by Article 19 of the International Covenant on Civil and Political Rights (ICCPR). As the UN Human Rights Committee stated in its General Comment 34 on the freedom of expression:
“When a State party invokes a legitimate ground for restriction of freedom of expression, it must demonstrate in specific and individualized fashion the precise nature of the threat, and the necessity and proportionality of the specific action taken, in particular by establishing a direct and immediate connection between the expression and the threat.”
According to the UN Basic Principles on the role of lawyers, lawyers have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization (Principle 23).
It is of particular concern that the Prosecutor’s Office document uses vague concepts that may amount to arbitrary use of grounds for restriction of freedom of expression of the lawyer.
In particular, it is unclear how prosecutorial authorities measured “psycho-emotional and social tension of the public” or that on what basis the lawyer’s comments may have “created a threat of destabilization of the internal political situation” creating a threat to the public order.
These broadly and atypically worded justifications for prosecution are likely to lead to arbitrary interference with freedom of expression.
Prosecution of the lawyer for his attempts to raise human rights-related issues of his minor client, unsupported by any evidence or explanation what they may refer to, is also likely to have a chilling effect on those who defend human rights of victims of abuse.
The ICJ recalls that according to the UN Basic Principles on the Role of Lawyers, Governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference (Principle 16).
Kazakhstan-Lawyer Azanov-News-web story-2018-ENG (full story, in PDF)
Kazakhstan-Lawyer-Azanov-News-Web-story-2018-RUS (full story in Russian, PDF)
