A/HRC/43/2
equal opportunity for persons with disabilities. It thanked Kazakhstan for accepting the
majority of the recommendations, including those made by the Islamic Republic of Iran. It
wished Kazakhstan every success in the implementation of those accepted recommendations.
3.
General comments made by other stakeholders
699. During the adoption of the outcome of the review of Kazakhstan, six other
stakeholders made statements.
700. The International Bar Association, in a joint statement with Lawyers for Lawyers,
stated that lawyers in Kazakhstan had been subjected to improper interference and
harassment, amongst others, by the Ministry of Justice, members of the law enforcement
agencies, investigative bodies, the judiciary, as well as the Bar Association itself. Lawyers
working on sensitive cases were reportedly often pressured and intimidated to drop those
cases. The right to access and privately consult with their detained clients is often restricted.
According to the organizations, the disbarment of Amanzhol Mukhamedyarov and Erlan
Gazumzhanov for expressing critical positions is a disproportionate sanction with a chilling
effect on the whole profession. The organizations urged Kazakhstan: to uphold its
commitment and take immediate measures to guarantee the full independence of lawyers and
their effective protection against any form of undue interference in their work; to reinstate
the licenses of lawyers Amanzhol Mukhamedyarov and Erlan Gazumzhanov; and to respect
and promote the role of the Republican Bar Association in protecting its members from
prosecution and improper restrictions and infringements.
701. Action Canada for Population and Development welcomed the adoption of
recommendations calling for zero tolerance policy on acts of torture and violence with
particular emphasis on protecting the rights of women and children and the commitment to
put in place policies and programmes aimed at entrenching women's rights to equality and
the prevention of domestic violence against women and children. It was encouraged by the
acceptance by Kazakhstan of a recommendation on the incorporation of comprehensive
sexual education in schools and out of schools settings. It was concerned by the continued
refusal by Kazakhstan to accept recommendations calling on taking action in eliminating
discrimination and violence on the grounds of sexual orientation and gender identity and
expression. It urged Kazakhstan to ensure sexual and reproductive health services, including
contraceptive and abortion, are available to all women and young persons over the age of 16
without requiring parental consent or any other kind of third party authorization.
702. The International Commission of Jurists welcomed the acceptance by Kazakhstan of
recommendations to uphold the rule of law and to protect the independence of the legal
profession and the judiciary. It regretted that Kazakhstan only noted and did not explicitly
support the recommendation to take immediate measures to ensure the effective protection
of lawyers, media workers, bloggers and human rights defenders against any form of
harassment. Based on its research, it regretted to inform that the assertion of Kazakhstan that
the accepted recommendation were being implemented was not correct. It considered that the
independence of the legal profession was being actively undermined in the country. It
expressed particular concern regarding the bar association initiatives initiated by the Ministry
of Justice, including the cases of Amanzhol Mukhamedyarov and Erlan Gazumzhanov. To
implement the recommendations accepted by Kazakhstan, it called on the authorities to stop
all harassment of lawyers through disciplinary proceedings, readmit the lawyers unduly
dismissed, and reform its law on advocatory in line with international standards on the
independence of the legal profession.
703. The Asian Forum for Human Rights and Development, in a joint statement with
Amnesty International, welcomed the acceptance by Kazakhstan of recommendations on
eradicating torture and ill treatment and strengthening the independence and mandate of the
national human rights institution in line with the Paris Principles. It welcomed that
GE.
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