Kazakhstan Lawyers disbarred on improper grounds

1. Several lawyers in Kazakhstan have been disbarred, or are facing disbarment, on improper grounds. Also the case of lawyers Raziya Nurmasheva and Iskander Alimbayev of the Almaty City Lawyers Collegium demonstrates a violation of article 16 of the Basic Principles on the Role of Lawyers.
3. On 7 December 2012, in the course of a hearing in a criminal case, the Specialised Inter-district Court on Criminal Cases of the Zhambyl region issued an intermediate ruling requiring the Ministry of Justice to “decide on the issue of deprivation of or termination of the licence on the  right to carry out lawyer’s activity” of the two lawyers, who were representing a client in a criminal case. According to the Court this intermediate ruling was issued due to alleged violations of the Law of the Republic of Kazakhstan “On Lawyers Activity” including “purposeful, groundless protraction of the judicial process” and “incorrect behaviour towards the court and other participants of the process, having not appeared for the consideration of the case”.  The “violations” of the law by lawyers alleged by the judge of the Inter-district Court in its ruling included amongst others: submitting motions to disqualify the judge, the prosecutor, the jury; non attendance of the hearing and pretence of worsening of health condition (by one of the lawyers).
7. According to the lawyers, the judge had refused to take into account the heath problems of one of the lawyers, refused to allow the lawyers to communicate with their client in private, constantly dismissed the questions asked by the lawyers and threatened to deprive the lawyers of the right to ask questions. They stated that the judge gave answers instead of the prosecution witnesses, ignored protests against the behaviour of the witnesses of the prosecution, dismissed all the motions submitted by the defence, prohibited mention in front of the jury of violations allegedly committed by the law enforcement agents, and made statements alleging that the defendants had engaged in criminal activities.

An order for disbarment was issued, confirmed by an appeal court and forwarded to the Ministry of Justice, though no action has as yet been taken to terminate their licences to practise law.

Several organisations expressed their concerns about the possible disbarment of Raziya Nurmasheva and Iskander Alimbayev. L4L is currently considering what actions to take for these lawyers.