Kyrgyz Republic: ICJ welcomes judicial decision to drop disciplinary charges against lawyers
The ICJ welcomes the decision of the Osh Regional Court to overturn an intermediate ruling to initiate disciplinary proceedings against two lawyers representing the interests of a victim of sexual assault.
The ICJ sent a mission to observe today’s hearing. The mission raised no issues of concern regarding the conduct of the proceedings observed.
On 3 July 2013, the Osh City Court issued an intermediate ruling to initiate disciplinary proceedings against two lawyers, Valerian Vakhitov, Khusanbai Saliyev, for taking procedural steps provided for under Kyrgyzstan law, including filing motions to the upper judicial instances or filing motions to recuse the judge during and not before the trial.
Today, the Osh Regional Court upheld lawyers’ appeal and overturned the decision to initiate disciplinary proceedings against the lawyers.
The case concerns charges against a teacher in a religious institution for sexual acts with one of his students, a nine-year-old boy.
The representatives of the defendant alleged that he is not criminally responsible by reason of insanity – a proposition contested by the lawyers of the victim. The main trial is ongoing.
The trial was observed by an ICJ trial observation mission: Oleg Levytskyy (Ukraine) and Almaza Osmanova (Kyrgyz Republic).
The observers met with the court, the prosecutor, representatives of the victims and the defendant.
“We welcome the decision to overturn the ruling to initiate disciplinary proceedings against these lawyers,” said Róisín Pillay, Director of the ICJ Europe Regional Programme. “In accordance with international standards, it is the lawyers’ duty to assist their clients in every appropriate way and take legal action to protect their interests. Therefore punishing lawyers for their diligent work would run contrary to the obligation of the state to guarantee that lawyers can carry out their functions without intimidation, hindrance, harassment or improper interference.”
Contacts
Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, ICJ Europe Programme, temur.shakirov(a)icj.org
Kyrgyzstan-Osh_Lawyers_Trial Observation-news-web story-2013-rus (full text in pdf)
Kyrgyz Republic: government must take urgent measures to end attacks on lawyers
The ICJ today called on the government of the Kyrgyz Republic to take urgent measures to prevent repeated attacks on lawyers.
The call followed reliable reports of an assault on two lawyers in a court in the south of the country.
On 20 August 2013, lawyers Dinara Medetova and Kubanychbek Zhoroyev were physically attacked following a hearing in the Osh Regional Court.
This is the latest in a series of such attacks, which have threatened the lives and safety of lawyers, have hindered lawyers in defending the rights of their clients, and have undermined the fairness of trials.
The ICJ understands that the Ministry of Interior has denied that the attack on the lawyers took place. However this attack is confirmed by the accounts of reliable witnesses.
The ICJ is concerned that, in the face of repeated attacks of this kind, the government and law enforcement authorities have consistently failed to take effective measures to prevent them, or to ensure that they are effectively investigated and the perpetrators brought to justice.
“Denying that these attacks take place can only perpetuate the problem,” said Róisín Pillay, Director of the ICJ Europe Regional Programme. “What is needed is an independent, impartial and thorough investigation into the incident.”
“The government must work with the law enforcement authorities to ensure that the safety of lawyers, witnesses and defendants in criminal trials is ensured throughout the country, and that the Krygyz Republic protects the right to a fair trial, as required by its international legal obligations,” she added.
The two lawyers were defending Makhamatkir Bizurukov, an ethnic Uzbek, in a trial related to the 2010 ethnic clashes in the south of the country.
According to information available to the ICJ, the lawyers were repeatedly interrupted, insulted and threatened by members of the public in the course of the hearing, creating an atmosphere of intimidation which prevented the lawyers from effectively defending their client.
During the hearing, the lawyers also received death threats to which the judge did not respond.
After the hearing, reports indicate that around ten women, supporters of the victims in the case, physically attacked the lawyers.
“If it hadn’t been for my colleague who helped me to escape, I could have been very seriously injured or even dead”, lawyer Medetova told the ICJ. The lawyer later returned to Bishkek due to her fear of further attacks.
This attack took place despite an earlier written request by the defence lawyers in the case submitted to the local Police Department, President of the Court and the Osh Regional Prosecutor that security measures be taken during the hearing, in light of attacks on the accused, witnesses and lawyers at a previous hearing in the same case.
The ICJ understands that the head of the Police Department and the Prosecutor had assured lawyer Medetova that measures would be taken to guarantee the safety of the lawyers.
In the event however, the police took no action to prevent or halt the attacks on the lawyers in the courtroom.
Following the attack, the police reportedly told the lawyers that they could not protect them, as the supporters of the victim would consider such protection as bias in favour of the accused.
The ICJ recalls that international standards, including the UN Basic Principles on the Role of Lawyers, require that “where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities”.
The ICJ urges the government to unequivocally and publicly condemn these attacks and to ensure that effective measures are taken to investigate them and bring those responsible to justice.
CONTACTS:
Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, ICJ Europe Programme, temur.shakirov(a)icj.org
Kyrgyzstan-Attack on lawyers-news-press release-2013-ENG (full text in pdf)
Kyrgyzstan-Attack on lawyers-news-press release-2013-RUS (full text in pdf)
Kyrgyzstan: ICJ condemns assaults on lawyers in Supreme Court
The ICJ today expressed serious concern at the physical assault of lawyers Tatiana Tomina and Ulugbek Usmanov at a Supreme Court hearing in Bishkek this morning.
The ICJ called on the Kyrgyzstan authorities to take effective measures to protect the physical security of lawyers as well as all other parties in court proceedings, and to hold accountable those responsible for today’s attacks.
The assaults took place during the Supreme Court hearing in the case against Shamshidin Niyazaliyev, who was recently acquitted of charges relating to the outbreak of widespread ethnic violence in the South of Kyrgyzstan in June 2010. During the hearing, several persons present in the courtroom subjected the two lawyers and the mother of Shamshidin Niyazaliyev to beatings. No immediate steps were taken by the Court to prevent the beatings, which continued for several minutes before security officers intervened.
“There has been a pattern of serious attacks on lawyers in Kyrgyzstan, but this is the first time that the authorities have failed to guarantee the security for lawyers at the Supreme Court”, Róisín Pillay, Director of the ICJ Europe Programme said today. “These attacks violate the international obligations of the Kyrgyz authorities to ensure the security of lawyers and to protect the right to a fair trial. No justice is possible unless all the parties to the judicial process are fully protected and lawyers are able to discharge their functions without harassment, or attack”.
International standards, including the UN Basic Principles on the Role of Lawyers, require that “where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities”.
It is now essential for the credibility of the judicial system that today’s assaults are thoroughly and independently investigated and that those responsible are brought to justice, the ICJ emphasised.
According to lawyer Tatiana Tomina, the attacks began when about 15 men and women started insulting, pushing and punching the lawyers as they walked into the courtroom. The defendant’s mother, the only apparent supporter of the defendant allowed into the Court, was kicked and punched in the head. When the defence lawyers began to read a statement, several women attacked Tatiana Tomina and attempted to take documents from her by force. The panel of presiding judges did not attempt to prevent the beatings and security officers only appeared after several minutes had passed. Tatiana Tomina and the mother of the defendant were able to escape through the back door of the court. However Ulugbek Usmanov was unable to escape and suffered more serious injuries.
The Court adjourned the hearing for two hours. After the hearing resumed, only a few security persons were present in the courtroom and the defendant’s mother did not attend this part of the hearing. Following five minutes of deliberations the Supreme Court overturned the earlier acquittal.
Reportedly, at the hearing, defence statements were constantly interrupted, lawyers were insulted and prevented from speaking in defence of their clients and the Court refused to call any of the five witnesses of the defence. In her comments to the ICJ, lawyer Tatiana Tomina stated: “[i]n three years nothing has changed either in terms of the attitude towards lawyers or in terms of the investigation of criminal cases, which has not improved at all.” The ICJ has previously raised concerns at violence against lawyers in cases related to ethnic disturbances in the south of Kyrgyzstan in 2010.
CONTACTS
Róisín Pillay, Director, ICJ Europe Programme, roisin.pillay@icj.org
Temur Shakirov, Legal Adviser, ICJ Europe Programme, temur.shakirov@icj.org
ICJ condemns assaults on lawyers in Supreme Court (Full Text in Russian, PDF)
ICJ seminar addresses the independence of the legal profession in Central Asia
Lawyers from all five Central Asian countries participate in the seminar (28-29 March 2013) to discuss the independence of bar associations and problems faced by lawyers in working independently and effectively.
This ICJ roundtable seminar, organized in cooperation with the Central Asian League of Lawyers and to be held in Almaty, Kazakhstan, will address issues including the self-governance and organization of bar associations, their relationships with state bodies, lawyers and the public, entrance to the legal profession, lawyers’ codes of ethics, and disciplinary proceedings against lawyers.
It will also discuss problems faced by lawyers in criminal cases, in both the pre-trial and trial stages, and incidents of harassment or intimidation of lawyers.
Europe-CIS-ICJ Seminar Central Asia-event-agenda-2013 (full text in pdf)
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