Kazakhstan: lawyers were not allowed to hold a rally due to the epidemiological situation

Kazakh lawyers were banned from holding a rally in Almaty due to the deteriorating epidemiological situation. This was reported by the Department of Sanitary and Epidemiological Control of Almaty.

Ayman ​​Umarova, a Kazakh lawyer and human rights activist, announced on March 2 that the lawyers were going to hold a rally.

“That’s a serious matter. As serious as can, when even lawyers are going to a rally! At the fifth meeting of the National Council of Public Confidence, the President of the country expressed his position concerning the Bar, “The Bar must be strong and independent,” that is the key to building a democratic society. However, the Ministry of Justice and other state bodies continue to interfere in the activities of the Bar by putting pressure through local departments of justice for the fair election of the chairman of the Republican Collegium of Advocates (RCA), and some individuals are promoting legislative changes regarding the membership fees (deciding for us). We think that corruption interests are behind the deal with JSC “National Information Technologies” … but this is not all that we want to say. Go farther and fare worse. We are going to the rally!” Umarova wrote on her Facebook page.

Dissatisfaction with the situation in the legal sphere and the Ministry of Justice has been brewing among independent lawyers for a long time.

The beginning of the conflict was laid by the desire of the lawyers to dismiss Kadyrzhan Baimukhanova from the post of the chairman of the RCA. More than 1600 lawyers expressed their distrust to the head of the RCA. The reason was Baimukhanova’s statement that she supports the need to preserve the life-long deprivation of the right to practice advocacy.

“On the basis of the studied practice of the countries of the far and near abroad and taking into account the opinion of the working bodies of the UN, it was proposed to amend the existing norm of the Law, specifying that a person previously deprived of a lawyer’s license would not be able to claim access to the legal profession within three years from the date of joining the legal force of the decision to suspend the license. However, something happened that still causes only bewilderment. The chairman of the Republican Collegium of Advocates, Baimukhanova K.R., rising to speak, began to discuss some other version of the change. It was essentially a separate private opinion, which, most likely, and to our regret, was taken as the position of the RCA, i.e. the entire legal community. In this regard, and taking into account the above, we, the conscientious part of the acting lawyers in the regions of Kazakhstan, with our signatures, express our distrust to the above-described position of the acting chairman K. Baimukhanova,” was stated in the text of the online petition signed by the lawyers.

The issue of dismissing Baimukhanova was to be considered at the meeting of the Presidium of the RCA on December 22, 2020. However, the meeting didn’t take place, since Baimukhanova was summoned to the Ministry of Justice for work issues, and it was subsequently postponed several times. The last date was set to March 27, 2021. However, the lawyers are sure that it will not be possible to remove Baimukhanova, because she is under the protection of the Ministry of Justice of Kazakhstan.

Meanwhile, on December 28, the deputies of Kazakhstan adopted an amendment to the Law on advocacy and determined the size and procedure of monthly fees from the bar associations for the needs of the RCA in the amount of at least 1 MCI ($ 6.9) for each lawyer, thereby interfering in the activities of the professional community.

In January of this year, the Chairman of the Council of the Association of Chambers of Legal Advisers Farid Aliyev said that JSC “NIT” had announced in the Senate of the Parliament that it had spent about $ 833,000 for the development of the information system “Е-Заң көмегі” [“E-Zan Komegi”] (Electronic legal aid).

“It is planned to collect $ 15.5 from each lawyer monthly for using the information system. Now this amount is shared by JSC “NIT” and the Association of Chambers of Legal Consultants (an organization affiliated with the Union of Lawyers of Kazakhstan), but the connection is voluntary and is used by less than 7-8% of lawyers. If we adopt the amendments to the law and make it obligatory (our opponents suggest this), then the annual income due to the “quitrent” from 9000 lawyers (excluding advocates) will amount to approximately $ 1.7 million. Thus, the invested $ 833,000 will be repaid in 6 months. $ 1.7 million every year! It doesn’t include the famous “at least 1 MCI per month”. Lawyers, do you need this?” Aliyev asked.

On February 23, the legal consultant Amangeldy Shormanbaev held a single picket near the building of the Department of Justice of Almaty. The consultant came out with a poster “Beketaev! Hands off independent lawyers and advocates of Kazakhstan”. The picket was directed against the amendments to the Law “On advocacy and legal assistance”.

Other lawyers also opposed the amendments.

“Under the slogan of developing a bill to “improve the institutions of the Bar and legal consultants”, the legislator introduces norms that violate such fundamental principles of the Bar, proclaimed by the Law “On advocacy and legal assistance”, such as its independence, self-government and self-financing. In fact, the legislator has invaded the sphere of relations, which are subject to regulation by the bar associations themselves, as established by the Law. However, for some reason, the deputies believe that they have the right to decide how to use the lawyers’ money by introducing a norm on monthly deductions from each territorial collegium to the RCA for each lawyer,” Gulnara Suleimenova wrote about this.

In short, the lawyers had more than enough reasons for holding a rally under the slogan “For the independent advocacy of Kazakhstan!”. Moreover, the rally was planned to be held not only in Almaty, but also in other regions of Kazakhstan.

For example, on March 2, the lawyers of Kostanay region sent a notification to the city mayor’s office about their intention, but on March 5 they were refused to hold this event.

“The Department of Sanitary and Epidemiological Control of Kostanay region has banned mass events in order to prevent the spread of coronavirus infection. Considering the above, the mayor’s office of Kostanay city sympathizes with the opinion of lawyers about the legal and social guarantees of the independence of the legal profession in Kazakhstan. However, due to the epidemiological situation, it has to refuse to hold a peaceful meeting in the form of a rally,” the Department’s official response said.

Can you imagine the surprise of the lawyers of Almaty, when the mayor’s office of Almaty agreed on their notification of the rally on March 13?

“I have just left the mayor’s office of Almaty. Our rally was approved. Having considered your collective notice dated March 3rd, we inform you that you have agreed to hold a rally on March 13 from 14.00 to 17.00 in order to express the views of lawyers, bridal consultants and notaries concerning legal and social guarantees of the independence of the legal profession in Kazakhstan,” Umarova said on March 9.

However, on March 12, it became known that the mayor’s office of Almaty nevertheless prohibited lawyers from holding a rally due to the deteriorating epidemiological situation in the city.

“According to the current Resolution of the Chief State Sanitary Doctor of Almaty, it is prohibited to hold events with a mass gathering of people, including rallies. It should be noted that Almaty is in the “red” zone of the epidemiological situation, and any mass events can lead to a sharp surge in the prevalence of COVID-19 among the townspeople,” the Department of Sanitary and Epidemiological Control said on this occasion.

“The Constitution of Kazakhstan and laws are over the resolution of the sanitary doctor! Finally, the coronavirus has come to us (AGAIN)! Apparently, those, who don’t want lawyers to come out to the rally, were glad. What was quickly invented by Bekshin suggests that it was done to prevent a peaceful assembly. Bekshin! When does the coronavirus come? When should we go to the rally? Or are there any other symptoms?” Ayman Umarova was indignant about this.