The ICJ considers the recent decision of the Collegium of Lawyers of Astana, which found no legal ground to initiate disciplinary proceedings against Nurlan Beysekeyev in relation to his representation of a client in Court, to be in line with international standards on the role of lawyers.
The Collegium’s decision followed a ruling of District Court 2 of the Almaty District of Astana, Kazakhstan, on 17 February 2014, ordering that consideration be given to imposing a disciplinary penalty on Nurlan Beysekeyev.
Having examined the Court’s ruling and other relevant documents, the ICJ considers that taking disciplinary action against Nurlan Beysekeyev in relation to his conduct set out in the ruling of the District Court would be contrary the duties of the authorities, under international standards to respect and protect the role of lawyers.
In particular the UN Basic Principles on the Rule of Lawyers clarify states’ duties to ensure that, in protecting the rights of their clients, lawyers can act freely and diligently (Principle 14), are not sanctioned or threatened with sanction for action taken in accordance with recognized professional duties, standards and ethics (Principle 16(c)), and that they enjoy immunity for relevant statements made in good faith in oral or written submissions and appearances before a court (Principle 20).
Róisín Pillay, Director, Europe Programme, roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
Kazakhstan-Lawyer_Beyesekeyev decision – news-web story-2014 (full text in pdf)
Kazakhstan-Lawyer_Beyesekeyev decision – news-web story-2014-rus (full text in pdf)