Feb 4, 2020 | News
Today, the ICJ has observed the trial in court proceedings against lawyer Amanzhol Mukhamediarov before the Yesil District Court in Nur-Sultan. Mukhamediarov, Chair of the Committee on the rights of lawyers of the Kazakhstan Bar Association, is facing disbarment following a lawsuit of by the Ministry of Justice of Kazakhstan.
Along with the case against Erlan Gazhymzhanov, who faces disbarment on the same set of facts, this case may raise issues of interference with freedom of expression of lawyers and possible interference in their work. This prompted ICJ to send a mission to observe court proceedings.
This hearing is observed on behalf of the ICJ by a lawyer from the Geneva Bar Association (Switzerland), Ms Xeniya Rivkin, as part of the International Cooperation Initiative project between the ICJ and the Geneva Bar Association.
The observer will carry out an assessment of the case based on the observation of the hearing in light of the materials of the case and the international law and standards on the role and independence of lawyers.
Read also
ICJ trial observation manual
Kazakhstan: ICJ observes hearing in lawyer’s disbarment case
Kazakhstan: frivolous disbarment proceedings against prominent lawyer Sergey Sizintsev should be immediately dropped, ICJ says
Kazakhstan: ICJ alarmed at government interference in legal profession
Jan 24, 2020 | News
Today, the ICJ has conducted a trial observation in disbarment proceedings against lawyer Yerlan Gazymzhanov before the Saryarkyn Court of Nur-Sultan.
Erlan Gazymzhanov is facing disbarment following a lawsuit brought by the Ministry of Justice of the Republic of Kazakhstan.
The lawyer is accused of violating court rules by publishing on a social network an archive video from the hearing in a case in which he alleged inappropriate behaviour by the judge.
The case raises issues of the lawyer’s freedom of expression and possible improper interference in his work.
The ICJ will carry out an assessment of the case and its compliance with international standards following its observation of the proceedings.
Another lawyer, Amanzhol Mukhamedyarov is facing a disbarment lawsuit on the same allegations.
Mukhamedyarov’s case will be heard in separate proceedings on 4 February in Esil district court of Nursultan.
Dr Stefan Stobl, a lawyer from Munich (Germany) and a member of the ICJ Section Germany, observed today’s hearing on behalf of the ICJ.
Additional information:
Read ICJ’s trial observation manual
The ICJ has previously expressed concern about increasing restrictions on the independence of lawyers in Kazakhstan:
Kazakhstan: frivolous disbarment proceedings against prominent lawyer Sergey Sizintsev should be immediately dropped, ICJ says
Kazakhstan: ICJ alarmed at government interference in legal profession
Kazakhstan: the ICJ calls to immediately drop prosecution of lawyer Bauyrzhan Azanov
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)
Sep 24, 2019 | Events, News
The side event aims to identify current threats against lawyers’ professional rights and guarantees in the OSCE region.
The speakers will identify and analyze the current trends through a discussion of recently gathered data and specific cases of violation of lawyers’ rights from Kyrgyzstan, Kazakhstan, Tajikistan, Moldova, Ukraine, Azerbaijan, Russia and Belarus. They will also make recommendations regarding the way forward to increase protection for lawyers and the independent legal profession in these countries and the OSCE region as a whole.
A flyer for the event is available here.
The agenda for the event available here.
Jul 3, 2019 | Advocacy, Non-legal submissions
The ICJ today highlighted rising threats to the rule of law in Europe, specifically mentioning Poland, Hungary, Turkey, and Kazakhstan in a statement to the UN Human Rights Council in Geneva.
The statement read as follows:
“The International Commission of Jurists (ICJ) adopted a Declaration on Reinforcing the Rule of Law last March at its 19th World Congress in Tunis.
The Tunis Declaration (link) stresses that not only are human rights and the Rule of Law indispensable to the betterment of the human condition, but to address such contemporary challenges as catastrophic climate change and the effects of digital technology.
Against these standards, however, the ICJ is concerned at the increasing and serious threats to the Rule of Law and those who defend it around the world, including across Europe.
In Poland, the attacks on the judiciary continue under the guise of disciplinary proceedings against judges who took recourse to EU institutions to defend the Rule of Law.
Hungarian authorities, while pausing their reforms of administrative courts, have not abandoned unjustified restrictions on the judiciary’s independence and on civil society.
Finally, in Turkey, the judiciary continues to have no guarantees in law to guarantee its independent functioning.
Across Central Asia, lawyers may face disciplinary or criminal persecution for discharging their profession independently. For example, in Kazakhstan, Sergey Sizintsev was disbarred on arbitrary grounds for criticizing a problematic reform of the legal profession.
The ICJ urges the Council to give attention to these developments of extreme concern.
