The right to defense focus of OSCE-supported national forum of defence lawyers
The fourth National Forum of Defence Lawyers took place on 15 November 2019 in Nur-Sultan. The event was jointly organized by the OSCE Programme Office in Nur-Sultan, the NGO Legal Policy Research Centre, and the National Bar Association.
Some 200 lawyers from regional bar associations, Parliament, the Ministry of Justice, the Ministry of Interior Affairs, the Supreme Court, academia, as well as local and international legal experts discussed the effective implementation of the right to defence in Kazakhstan.
Participants discussed the implementation of the principle of adversarial procedure and equality of the parties in criminal proceedings as well as the development of the right to defence in criminal procedure legislation.
They shared their views on the existing challenges in ensuring the guarantees of the legal profession, and enhancing its autonomy and self-regulation. Particular attention was paid to the development of a jury trial and its impact on access to justice.
“Effective implementation of the right to defence and the powers of defence lawyers in criminal proceedings are among the concerns that need to be discussed at different levels,” said Kadyrzhan Baimukhanova, the Chairperson of the National Bar Association of Kazakhstan.
The Deputy Head of the OSCE Programme Office in Nur-Sultan, Diana Digol, said: “The right to a fair trial is directly related to the role of lawyers and their ability to provide qualified legal aid. Therefore, the procedural rights of defence lawyers require effective mechanisms of implementation.”
A representative of the Federal Chamber of Lawyers of the Russian Federation shared experiences of using digital technologies in providing legal assistance.
The forum is part of the Programme Office’s long-standing efforts to strengthen the rule of law and support criminal justice reform in the host country.