The IBAHRI is disturbed that this case breaches the fundamental rights of Mr Mukhamedyarov and Mr Gazumzhanov as lawyers, raising issues of improper interference and limits to freedom of expression. The lawyers’ disbarment may also be regarded as a threat to the independence of the legal profession in Kazakhstan.
In accordance with Article 16(a) of the United Nations Basic Principles on the Role of Lawyers, governments must ensure that lawyers ‘are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference’. Article 23 of the Basic Principles stipulates that lawyers are ‘entitled to freedom of expression, belief, association and assembly’. Kazakhstan is also party to the International Covenant on Civil and Political Rights (ICCPR), which states in Article 14(1) that ‘everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law’.
Anne Ramberg Dr jur hc, IBAHRI Co-Chair, commented: ‘Disbarring Mr Mukhamedyarov and Mr Gazumzhanov for arbitrary reasons violates their fundamental rights as lawyers, particularly their entitlement to practise without fear of intimidation or improper interference. Kazakhstan should uphold its commitment to respect and safeguard the independence of the legal profession by immediately reinstating the lawyers’ licences.’
ENDS
Notes to the Editor
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www.ibanet.org/Kazakhstan
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