IBAHRI activities in Kazakhstan in 2019

November

UN adopts several recommendations for Kazakhstan relating to the independence of judges and lawyers in UPR report

The recommendations include, inter alia, implementing measures to safeguard legal professionals from interference in their work and ensuring effective investigation into harassment of lawyers. The International Bar Association’s Human Rights Institute submitted a report to the UN Human Rights Council earlier in the year on the situation of legal professionals in Kazakhstan.

The United Nations Human Rights Council has adopted several recommendations for the Republic of Kazakhstan following its third cycle under the UN Universal Periodic Review (UPR). The UPR procedure is space for UN Member States to have their human rights records evaluated. The UN describes the process as ‘State-driven … under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations.’ Civil society stakeholders are also given the opportunity to contribute shadow reports on the state under review. The International Bar Association’s Human Rights Institute (IBAHRI) submitted such a report in April of this year.

The recommendations adopted include:

• ‘Protect the independence of the judiciary by bringing regulations relating to the legal profession into line with international legal standards (Denmark)’
• ‘Reform the judicial system in accordance with international standards related to the administration of justice, to guarantee that judges and lawyers exercise their profession independently (Mexico)’
• ‘Ensure effective investigation into acts of intimidation and harassment against lawyers and human rights defenders (Austria)’
• ‘Take immediate measures to ensure the effective protection of lawyers, media workers, bloggers and human rights defenders against any form of harassment (Czechia)’
• ‘Take necessary measures to fully protect freedom of expression, including by repealing or revising the legal provisions limiting freedom of expression and by refraining from using criminal provisions and other regulations as tools to suppress the expression of dissenting opinions (Latvia)’

The IBAHRI’s shadow report included similar recommendations, such as:

• ‘To amend Article 73 of the 2018 Law [on Lawyers’ Activities and Legal Aid] so to ensure that disciplinary bodies and procedures are within exclusive competence of the bar associations;’
• ‘To remove the provisions of the 2018 Law giving the authority to the executive branch to control and approve/disapprove internal regulations or rules adopted by the bar associations;’
• ‘To amend Article 5 of the Supreme Court’s Normative Resolution on application of the legislation on involvement or complicity in crime, that opens the possibility for defense lawyers to be held criminally liable for safeguarding attorney-client privilege;’
• ‘To eliminate harassment and prosecution of lawyers who are critical towards the government or take on sensitive cases; to eradicate harassment of lawyers in the form of interlocutory rulings adopted by judges; and effectively investigate cases of pressure and harassment of lawyers;’

The IBAHRI welcomes the recommendations and will continue working on the independence of the legal profession in Kazakhstan with our local partners, who have been tirelessly advocating to bring these domestic issues to global attention.

‘The Presumption of Innocence in Kazakhstan’: Conference brings together local and international actors to discuss challenges

Judges, lawyers, activists and experts took part in the event, focusing on issues such as how to determine if presumption of innocence has been violated and why being read your rights during arrest is so vital.

In November 2019, the International Bar Association’s Human Rights Institute (IBAHRI) organised, a conference on the presumption of innocence and protection of civil freedoms, alongside the United Nations Office of the High Commissioner for Human Rights, European Union, Sigrid Rausing Trust and local organisation Dignity. The conference, which was held in Nursultan, the capital of Kazakhstan, invited judges, lawyers, activists and experts from Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan to participate in discussions.

Failure to ensure that presumption of innocence is respected in practice has been a key concern of local and international actors for several years. Conviction rates in Kazakhstan are astronomical, with judges only acquitting roughly one percent of all defendants in criminal trials. Questions have also been raised regarding the implications for freedom from torture, inhuman or degrading treatment or punishment. Amnesty International, for instance, reported to the UN Committee against Torture in 2014 that presumption of innocence ‘is violated on a regular basis, particularly in the context [of] national security and the fight against terrorism, with suspects often branded guilty in public by state officials before the start of the trials.’ These investigations and trials are reported to frequently involve officers of the Committee of National Security using torture and inhuman treatment to obtain confessions.

The conference therefore incorporated as many discussions on practical implementation, such as how to determine if presumption of innocence has been violated, as it did on the theoretical elements, such as why it is essential for someone to be told their rights during arrest. IBAHRI Senior Programme Lawyer Jurate Guzeviciute spoke to the conference via video call.

October

UPR pre-session on Kazakhstan kicks off for IBAHRI delegation with training sessions and advocacy meetings

The delegation of lawyers met with several UN and state representatives in Geneva and expressed their concerns relating to intimidation of lawyers and interference in their professional duties.

The Republic of Kazakhstan is up for its third Universal Periodic Review (UPR) before the United Nations Human Rights Council in November 2019. The UPR procedure is space for Member States of the UN to have their human rights records evaluated. The UN describes the process as ‘State-driven … under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations.’ Included in the procedure is the opportunity for civil society stakeholders to contribute shadow reports on the state under review. The International Bar Association’s Human Rights Institute (IBAHRI) submitted such a report in April of this year.

The IBAHRI brought a delegation of five Kazakhstani lawyers to the UPR pre-session that took place in Geneva, Switzerland in October. The trip began with trainings for the lawyers on UN human rights mechanisms, including treaty bodies, special procedures and, of course, the UPR. The lawyers were then able to formulate their own best course of action for advocacy during the pre-session. Meetings were arranged with several state representatives at the UN, such as Mexico, the Netherlands, Czechia, Slovenia, Austria, Germany and Australia. The lawyers also held meetings with representatives of different UN bodies and offices, such as those of the Special Rapporteur on freedom of association and assembly, the Special Rapporteur on the independence of judges and lawyers, the Working Group on Arbitrary Detention and the UN Desk Office on Central Asia.

The lawyers discussed at length the serious challenges and threats being faced by those in the legal profession, including those pertaining to the Law on Lawyers’ Activities and Legal Aid 2018. The Law created, inter alia, provisions for the creation of a State Bar and for members of the executive to deliberate in disciplinary proceedings against lawyers. Several issues discussed by the Kazakhstani lawyers are covered in the IBAHRI shadow report and can be read in detail there. The main issues in the report are the following:

a) Interference with the independence of the legal profession

b) Weakened guarantees for effective fulfilment of professional rights and responsibilities of lawyers

c) Creation of the Government Bar Association

d) Participation of Government-designated persons in disciplinary procedures against lawyers

e) Intimidation and harassment of lawyers

f) Interference with the integrity of the legal profession

g) Inadequate implementation of and disregard for recommendations of the UN human rights mechanisms.

Read the report here: https://uprdoc.ohchr.org/uprweb/downloadfile?filename=7090&file=EnglishTranslation

July

Enhancing security in the face of regressive state policies: Kazakhstani lawyers participate in IBAHRI training

The trainings were partially a response to the feeling of threat felt by lawyers following the implementation of the Law on Lawyers’ Activities and Legal Aid 2018. The event aimed to analyse the risks lawyers face and develop a strategic plan to enhance their protection.

In July 2019, the International Bar Association’s Human Rights Institute (IBAHRI) held a meeting for Kazakhstani lawyers aimed at assessing their security, analysing risks or threats and developing a strategic plan to enhance the protection of all those in the legal profession. This comes after a number of legislative changes have led to the targeting of lawyers, including threats to their personal freedoms and ability to practice law.

Notably, the Law on Lawyers’ Activities and Legal Aid 2018 created provisions for members of the executive to deliberate in disciplinary proceedings against lawyers. This is contrary to Principle 28 of the United Nations (UN) Basic Principles on the Role of Lawyers (the Basic Principles), which states that proceedings must take place ‘before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court’. It also created provisions for the creation of a State Bar, in contravention of Principle 24 of the Basic Principles that entitles lawyers to ‘form and join self-governing professional associations’ (emphasis added).

Also of concern is Article 6 of the Law, which states that ‘[i]ntervention in [lawyers’] activities by the prosecutor's office, courts, other state bodies, organizations and persons, except for the cases directly provided for by the laws of the Republic of Kazakhstan, shall be inadmissible’ (emphasis added). This explicitly allows state bodies to interfere in the activities of lawyers in cases prescribed by the law. Yet the Ministry of Justice of the Republic of Kazakhstan, in response to a letter sent by the UN Special Rapporteur on the Independence of Judges and Lawyers concerning the then-Draft Law, stated that Article 6 in fact provided safeguards for the independence of the legal profession. It is highly disturbing that the Ministry of Justice has failed to listen to the concerns voiced by Kazakhstani lawyers and the international community to ensure safeguards against such interference.

It is by no means premature to raise alarm over the new Kazakhstani legislation. Since 2018, there have been many attempts and threats to disbar or punish lawyers for conducting their professional duties. Some are listed in the IBAHRI’s shadow report submitted to the UN Universal Periodic Review Working Group.

The IBAHRI is thankful to the lawyers for their participation in the meeting as well as their courage and conviction in the face of such challenges. We will continue to support these lawyers in protecting their work.

Kazakhstani defence lawyers attend the 7th Platform on Human Rights Defenders’ Security and Protection, facilitied by the IBAHRI

The event included discussions on secure mobilisation of assemblies, means of attracting audiences to causes, and international and organisational responses to external risks and coping strategies.

The 7th Platform on Human Rights Defenders’ Security and Protection was held between 31 July and 1 August 2019, in Burabay, Kazakhstan. The International Bar Association’s Human Rights Institute (IBAHRI) supported the organisation of the event alongside several international and national actors, such as the European Union; the UN Officer of the High Commissioner for Human Rights, Bishkek Office; Photographers without Borders; Forum-Asia and the Kazakhstani organisation Dignity. The IBAHRI also facilitated the attendance of a group of Kazakhstani defence lawyers.

June

Sergey Sizintsev disbarment case: IBAHRI and ICJ bring concerns to UN Special Rapporteur on the Independence of Judges and Lawyers

A Kazakhstani court ruled on the side of the Ministry of Justice, allowing for the disbarment of Sergey Sizintsev on the basis of holding a paid position at the Republic Bar Association while practicing as a lawyer. The IBAHRI and ICJ have drawn the Special Rapporteur’s attention to the incompatibility of this ruling with Kazakh domestic law.

The International Bar Association’s Human Rights Institute (IBAHRI) and the International Commission of Jurists (ICJ) have written to Mr Diego García-Sayán, the United Nations (UN) Special Rapporteur on the Independence of Judges and Lawyers, to alert him to the disbarment of Kazakhstani lawyer Sergey Sizintsev. Between 2016 and 2018, Mr Sizintsev had been Executive Director of the Republican Bar Association (RBA) and was a senior partner at the Kazakhstani law firm De Facto. Earlier this year, the Ministry of Justice (MoJ) filed a request to have Mr Sizintsev’s license revoked, citing a violation of the Law on Lawyers’ Activities and Legal Aid 2018, which states that lawyers may not practice whilst in other paid employment that is not related to educational, scientific or creative activities. The MoJ claimed that his employment at the RBA was in breach of this. Article 33(11) of the 2018 Law, however, states that ‘[a]n attorney shall have the right to be elected to a paid elective or appointive office in a bar association, Republican Bar Association and international public bar associations.’

Mr Sizintsev, while Executive Director of the RBA, was a vocal proponent of the independence of the legal profession in Kazakhstan and openly criticised the early drafts of the 2018 Law, which proposed – and has now implemented – increased control over the RBA by the MoJ and the creation of provisions for the interference of state institutions in the activities of lawyers. The IBAHRI believes that his disbarment is, in fact, a retaliation against Mr Sizintsev’s critical position.

His disbarment is in contravention of various international and regional standards. For instance, lawyers’ right to independence and freedom from harassment and intimidation is enshrined in the UN Basic Principles on the Role of Lawyers:

16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; […]

23. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall 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 and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.

Kazakhstan is also a party to the legally binding International Covenant on Civil and Political Rights, Article 19 of which protects freedom of expression.

The IBAHRI has been active in this case, writing to the MoJ and RBA after the disbarment request was submitted, submitting a written intervention to the Kazakhstani court dealing with the case and sending a trial observer to Mr Sizintsev’s court hearing in May.

The IBAHRI maintains that Mr Sizintsev’s disbarment is an assault on both the right to freedom of expression and the independence of the legal profession. It is not in line with Kazakhstani domestic law and must be reversed immediately. The IBAHRI and ICJ have therefore requested that the Special Rapporteur contacts the government of Kazakhstan to advocate for Mr Sizintsev’s reinstatement as well as strengthened protections for the independence of the legal profession in Kazakhstan.

Presidential elections, peaceful protest and state violence: IBAHRI expresses concern over human rights violations in Kazakhstan

The IBAHRI took to Facebook to condemn political violence in Kazakhstan’s capital city this June.

Mr Nursultan Nazarbayev announced he would be resigning from his position as President of the Republic of Kazakhstan in March 2019 after almost 30 years in power. In June 2019, the country held elections to determine who would be his successor, which many believed would not be free and fair. According to reports in the BBC, Nursultan, Kazakhstan’s capital city which was formerly known as Astana before it was renamed after the outgoing president in March, has experienced some of the largest protests in years over the fears of electoral corruption. Mr Nazarbayev’s close ally, Kassym-Jomart Tokayev, eventually won 70.76 percent of the vote according to Kazakhstan’s Central Electoral Commission.

Violence against protesters were widespread alongside use of arbitrary arrest and detention. The International Bar Association’s Human Rights Institute (IBAHRI) has condemned these human rights violations on our social media channels. ‘The election day itself, as well as the aftermath exhibited how the prospect of genuine transition was an illusion’, says Jurate Guzeviciute, IBAHRI Programme Lawyer for Eastern Europe and Central Asia.

May

Sergey Sizintsev disbarment case: trial observation conducted by IBAHRI

The likely politically motivated trial determined whether Sergey Sizintsev would be disbarred for holding a paid position at the Republican Bar Association while practicing as a lawyer, despite this being explicitly allowed in Tajik domestic law.

Sergey Sizintsev, a Kazakhstani lawyer, was formerly Executive Director of the Republican Bar Association (RBA) until his unexpected dismissal in 2018. The Ministry of Justice (MoJ) filed a request to have Mr Sizintsev’s license revoked, citing a violation of the Law on Lawyers’ Activities and Legal Aid 2018, which states that lawyers may not practice whilst in other paid employment that is not related to educational, scientific or creative activities. The International Bar Association’s Human Rights Institute (IBAHRI) believes this lawsuit is unfounded given that Article 33(11) of the 2018 Law explicitly states: ‘[a]n attorney shall have the right to be elected to a paid elective or appointive office in a bar association, Republican Bar Association and international public bar associations.’

Mr Sizintsev, while Executive Director of the RBA, was a vocal proponent of the independence of the legal profession in Kazakhstan and openly criticised the early drafts of the 2018 Law, which proposed – and has now implemented – increased control over the RBA by the MoJ and the creation of provisions for the interference of state institutions in the activities of lawyers.

In May 2019, the IBAHRI sent a trial observer to Mr Sizintsev’s court hearing in Kazakhstan. The court ruled in favour of the MoJ, allowing for the disbarment of Mr Sizintsev. The IBAHRI strongly believes the judgement has both misrepresented the 2018 Law, particularly Article 33(11), and is contrary to various international and regional standards.

For instance, the Law of the Republic of Uzbekistan on Advokatura 2009 and the Law on the Bar of the Republic of Kyrgyzstan and Lawyers’ Professional Activities 2014 do not prohibit lawyers from taking paid positions within bar associations. Lawyers’ right to independence and freedom from harassment and intimidation is enshrined in the United Nations Basic Principles on the Role of Lawyers:

16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; […]

23. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall 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 and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.

Kazakhstan is also a party to the legally binding International Covenant on Civil and Political Rights, Article 19 of which protects freedom of expression. The creep of state influence into any legal profession is of enormous concern. For the profession to function and ensure adequate access to justice for all persons, lawyers must be free to perform their professional duties without fear of harassment or interference. Lawyers also have the right, like other citizens, to their freedom of expression and must be able to comment on matters that relate to their profession.

The IBAHRI stands by Mr Sizintsev and will be working to increase international attention on his case.

Kazakhstani lawyers participate in a series of regional trainings on right to liberty and security

Trainings such as this rarely occur outside of the metropolitan areas of Kazakhstan. The IBAHRI has therefore conducted an extensive series of regional trainings for Kazakhstani lawyers outside of Nursultan and Almaty.

Following the training-of-trainers workshops that took place in 2018, 13 lawyers were chosen as potential regional trainers for the International Bar Association’s Human Rights Institute’s (IBAHRI) series of trainings on Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which Kazakhstan ratified in 2006, on the right to liberty and security. The series of trainings kicked off in Kostanay in May 2019, where the IBAHRI and Kostanay Bar Association co-organised a training for 22 Kazakhstani lawyers. Similar regional trainings were organised in Semey and Petropavlovsk in July, in Uralsk and Atyrau in August and Shymkent in October.

Activities such as this tend to be organised in Kazakhstan’s largest cities, such as Nursultan and Almaty. The IBAHRI has therefore increased our efforts to ensure our trainings give adequate focus to lawyers in other regions of Kazakhstan.

April

UN UPR shadow report on Kazakhstan submitted by the IBAHRI

The IBAHRI reported on the interference in lawyers’ activities and other threats to the independence of the legal profession in Kazakhstan.

The Republic of Kazakhstan is up for its third cycle under the United Nation’s (UN) Universal Periodic Review (UPR) procedure in November 2019. The purpose of the UPR is to periodically evaluate the human rights records of UN Member States. The UN describes the process as ‘State-driven … under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations.’ Included in the procedure is the opportunity for civil society stakeholders to contribute shadow reports on the state under review.

The International Bar Association’s Human Rights Institute (IBAHRI) submitted its report in April 2019, drawing the Council’s attention to the following key issues:

a) Interference with the independence of the legal profession

b) Weakened guarantees for effective fulfilment of professional rights and responsibilities of lawyers

c) Creation of the Government Bar Association

d) Participation of Government-designated persons in disciplinary procedures against lawyers

e) Intimidation and harassment of lawyers

f) Interference with the integrity of the legal profession

g) Inadequate implementation of and disregard for recommendations of the UN human rights mechanisms.

The report reflects on Kazakhstan’s implementation of the accepted recommendations given in the state’s 2014 UPR, particularly those on strengthening the role of defence lawyers. These included implementing measures to address the following concerns:

a) The lack of effective guarantees for the functioning of lawyers

b) Violations of the equality of arms principle

c) Unjustified denial of access to necessary file

d) Inquisitorial character of court proceedings

e) Disciplinary measures against lawyers being used as a tool for intimidation

While Kazakhstan made many amendments to its legislation after 2014, the IBAHRI is concerned that most of these target lawyers rather than address the aforementioned issues. Legislative changes have, for instance, given the Ministry of Justice increased control over the Republican Bar Association and created provisions for the interference of state bodies in the activities of lawyers. Lawyers continue to face threats of disbarment, particularly when acting on behalf of defendants in politically motivated cases and cases of alleged torture. The report lists several cases that the IBAHRI has been made aware of concerning threats or attempts to disbar lawyers as well as the use of criminal charges on unfounded grounds.

The IBAHRI will be sending a delegation of Kazakhstani lawyers to Geneva, Switzerland in November 2019 to attend the UPR pre-session and hold advocacy meetings.

Read the full report including recommendations here:
https://uprdoc.ohchr.org/uprweb/downloadfile?filename=7090&file=EnglishTranslation

Sergey Sizintsev disbarment case: written intervention submitted to Kazakhstani national court

Sergey Sizintsev is facing disbarment for holding a paid position at the Republican Bar Association while practicing as a lawyer despite this being explicitly authorised under Kazakhstani domestic law. The IBAHRI has recommended to the court that the case is rejected.

In April 2019, the International Bar Association’s Human Rights Institute (IBAHRI) submitted a written intervention to the Kazakhstani court dealing with the disbarment case against Sergey Sizintsev. The Ministry of Justice of the Republic of Kazakhstan (MoJ) has filed a request for the licence of Mr Sizintsev to be revoked, supposedly due to his holding a paid position as Executive Director at the Republican Bar Association (RBA) whilst practising law. The MoJ claims that this is a violation of the Law on Lawyers’ Activities and Legal Aid 2018, which states that lawyers may not practice whilst in other paid employment that is not related to educational, scientific or creative activities.

However, Article 33(11) of the 2018 Law explicitly states: ‘[a]n attorney shall have the right to be elected to a paid elective or appointive office in a bar association, Republican Bar Association and international public bar associations.’ Mr Sizintsev’s role as Executive Director at the RBA posed no conflict of interest that would impact his ability to conduct his professional duties while practising as a lawyer. His disbarment would therefore be contradictory to Kazakhstan’s domestic law as well as international and regional standards. For instance, the Law of the Republic of Uzbekistan on Advokatura 2009 and the Law on the Bar of the Republic of Kyrgyzstan and Lawyers’ Professional Activities 2014 also do not prohibit lawyers from taking paid positions within bar associations.

The IBAHRI is therefore recommending the court reject the MoJ’s unsubstantiated claim against Mr Sizintsev.

March

Planned disbarment of Sergey Sizintsev must be withdrawn, IBAHRI urges Ministry of Justice and Republican Bar Association

Sergey Sizintsev is facing disbarment for holding a paid position at the Republican Bar Association while practicing as a lawyer despite this being explicitly authorised under Kazakhstani domestic law. The IBAHRI believes the action is politically motivated given Mr Sizintsev’s critical views on recent legislative change.

On 7 March 2019, the International Bar Association’s Human Rights Institute (IBAHRI) wrote to both the Ministry of Justice of the Republic of Kazakhstan (MoJ) and the Republican Bar Association of Kazakhstan (RBA) – an IBA member – regarding the planned disbarment of practicing lawyer and former Executive Director of the RBA Sergey Sizintsev.

The MoJ has filed a request to have Mr Sizintev’s license revoked, citing a violation of the Law on Lawyers’ Activities and Legal Aid 2018, which states that lawyers may not practice whilst in other paid employment that is not related to educational, scientific or creative activities. The IBAHRI believes this lawsuit is unfounded given that Article 33(11) of the 2018 Law explicitly states: ‘[a]n attorney shall have the right to be elected to a paid elective or appointive office in a bar association, Republican Bar Association and international public bar associations.’

Instead, the IBAHRI believes that legal action is being used as retaliation against Mr Sizintev’s critical views on recent legal reforms. Mr Sizintev, while Executive Director of the RBA, was a vocal proponent of the independence of the legal profession in Kazakhstan and openly criticised the early drafts of the 2018 Law, which proposed – and has now implemented – increased control over the RBA by the MoJ and the creation of provisions for the interference of state institutions in the activities of lawyers. The IBAHRI has reminded the MoJ and RBA of Principles 16(a) and 23 of the UN Basic Principles on the Role of Lawyers:

16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; […]

23. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall 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 and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.

The IBAHRI will continue to monitor the case and advocate for full adherence to international and regional standards on the independence of the legal profession.

Lawyer’s right to freedom of expression must be respected, urges IBAHRI ahead of disciplinary proceedings against Jokhar Utebekov

The IBAHRI has received information that lawyer Jokhar Utebekov is facing disciplinary measures for expressing his critical opinions on the renaming of the Kazakhstani capital city after the outgoing president, Nursultan Nazarbayev.

In March 2019, the International Bar Association’s Human Rights Institute (IBAHRI) wrote to the Republican Bar Association (RBA) – an IBA member – regarding the disciplinary proceedings being opened against lawyer Jokhar Utebekov. From the information received by the IBAHRI, the RBA has claimed that Mr Utebekov has acted in violation of the Code of Ethics for lawyers regarding preserving the honour of the legal profession when expressing his opinion online that the renaming of Astana, the capital city of Kazakhstan, to Nursultan after the outgoing president, Nursultan Nazarbayev, is illegal.

These claims are contrary to international standards on the independence of the legal profession. Principle 23 of the United Nations (UN) Basic Principles on the Role of Lawyers guarantee’s lawyers right to freedom of expression, making explicit that lawyers have ‘the right to take part in public discussion of matters concerning the law [and] administration of justice […] without suffering professional restrictions by reasons of their lawful actions’. Freedom of expression is further guaranteed in Article 19 of the legally binding International Covenant on Civil and Political Rights, which Kazakhstan ratified in 2006.

The RBA must respect these fundamental rights to ensure the independence of the legal profession is upheld in line with international standards.