Government should practice what it preaches
19 March 2015

Government should practice what it preaches

Kazakhstan

Kazakhstan should speed up the effective implementation of measures to strengthen the role of lawyers, Lawyers for Lawyers said today.

Lawyers for Lawyers, also on behalf of The Law Society of England and Wales and Law and Lawyers’ Rights Watch Canada, delivered an oral statement to the Human Rights Council for its consideration of the UPR outcome of Kazakhstan.

Lawyers for Lawyers welcomed Kazakhstan’s commitment to improve the independence of the judicial system and the role of defence lawyers. At the same time, it called upon the authorities to speed up the effective implementation of measures necessary to achieve these goals.

Practice shows that public prosecutors still play a dominant role in legal proceedings. As a result, lawyers are not in an equal position to represent their clients.

Lawyers also face ‘interim orders’ issued by judges, which may lead to disciplinary action. Several lawyers have been disbarred, or face disbarment, on improper grounds. In addition, lawyers in Kazakhstan face threats and physical attacks in relation to their work. They also face criminal proceedings and even psychiatric confinement.

Zinaida Mukhortova, who worked as a human rights lawyer for more than ten years, was repeatedly forced to psychiatric detention, for the last time on 2 July 2014. Lawyers for Lawyers welcomed her release from mental hospital. However, it called upon Kazakhstan to ensure that forced psychiatric detention will meet international standards.

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