Kazakhstan: investigator tries to revoke lawyer’s license out of revenge
Another scandal in the human rights sphere of Kazakhstan. The investigation is trying to revoke the lawyer’s license for trying to defend her client, a clergyman.
Nazerke Rizabekova, a lawyer of the Bar Association of the East Kazakhstan region, reported about her confrontation with the Almaty police investigator Irina Litvinenko. The conflict between the ladies began a long time ago.
Back in August last year, Rizabekova defended civil activist Asiya Tulesova, who was later sentenced to 1.5 years of restriction of freedom for using violence against a police officer. Tulesova’s case was referred to the court by Irina Litvinenko.
Rizabekova clashed with Litvinenko again when she defended a clergyman who was brought to trial for not reporting a crime that he became aware of in confession. Meanwhile, Article 434 of the Criminal Code of Kazakhstan “Failure to report a crime”, which provides for punishment in the form of imprisonment for up to 6 years, clearly states that “clergy are not subject to criminal liability under this article for failure to report crimes committed by persons, who trusted them in confession. ”
As Rizabekova reported on social networks, the investigator Litvinenko on September 23 submitted a submission to the Ministry of Justice, the Department of Justice of the East Kazakhstan region and the Bar Association of the East Kazakhstan region, a submission to revoke Nazerke Rizabekova’s license.
According to the investigator, Rizabekova delayed the trial by submitting repeated petitions, despite the fact that earlier these petitions had already been rejected by the court. In addition, accusations were made that the lawyer had disclosed the data of the pre-trial investigation.
“According to part 3 of Article 99 of the Criminal Procedure Code, the rejection of the application does not prevent its repeated application. Resubmitting an application is my statutory right. The main instruments for the defense of lawyers: these are just motions, complaints and inquiries, ”Rizabekova explained.
She also noted that it was not she who disclosed the details of the pre-trial investigation, but the investigation.
“The investigator gave the contacts of my client’s lawyers to the journalists of the news portal. A spokeswoman for the Almaty police told reporters the name of my client and the article under which he is being persecuted. During the investigation, the investigator disclosed the results of the examination to the witness in the case, ”the lawyer said.
In addition, according to her, since the case of her client is being considered in court, the investigator had no right to make a submission. Moreover, Litvinenko generally cannot make any procedural decisions in the case that is being considered by the court.
On October 4, the board left this submission without consideration. However, on October 7, Litvinenko introduced it again. According to Rizabekova herself, the behavior of the investigator is revenge. “Earlier, according to my complaints, this investigator was brought to disciplinary responsibility. The investigator filed a motion against me to revoke my lawyer’s license. She accused me of all mortal sins. I think she did it out of revenge. Investigators should not use submissions to challenge bona fide lawyers. I filed a complaint against the investigator to the city prosecutor’s office, ”Rizabekova said on her Facebook page.
