Kazakhstan took part in interactive dialogues with UN Special Rapporteurs within the framework of the 47th session of the UN HRC

Kazakhstan took part in interactive dialogues with UN Special Rapporteurs within the framework of the 47th session of the UN HRC

On June 28, 2021, within the framework of the 47th session of the UN Human Rights Council, the Permanent Representative of Kazakhstan took part in an interactive dialogue to discuss the report of the Special Rapporteur on the independence of judges and lawyers Diego Garcia-Sayan: "The coronavirus disease pandemic (COVID-19), its consequences and related problems for independent justice".

During the dialogue, the impact of the Covid-19 pandemic on judicial systems, their independence and access to justice were discussed. Special Rapporteur D. Garcia-Sayan in his report provided information about the difficulties encountered by lawyers in their activities during the pandemic.

The Permanent Representative in her speech said that during the state of emergency in Kazakhstan criminal and judicial proceedings were transferred to the online mode. Lawyers’ activity was included in the list of permitted types of activities, lawyers participated in investigative actions, in court sessions in the investigative court using protective means, and also participated in court sessions in other courts remotely. During this period, meetings with clients in pre-trial detention centers were carried out via Skype.

On July 1, during an interactive dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and association C.N.Voule, the report “Access to justice as an integral element of protection of the rights to freedom of peaceful assembly and association” was discussed. In his report Special Rapporteur C.N.Voule noted that according to his interviews with lawyers preventive arrests have been reported as a systematic practice to impede alleged organizers or leaders from participating in rallies.

The Permanent Representative informed the Special Rapporteur that according to the Constitution of Kazakhstan, citizens have the right to assemble peacefully. The use of this right may be restricted by law in the interests of state security, public order, and protection of health, rights, and the freedom of other individuals.

In the conclusion of her speeches, Zh.Aitzhan drew the attention of Special Rapporteurs to the need to provide specific information on each case of human rights violations, which should contain a positions of the state concerned.