ICJ
endorses decision of the Astana Collegium of Lawyers in the case of Nurlan
Beysekeyev
The ICJ
considers the recent decision of the Collegium of Lawyers of Astana, which
found no legal ground to initiate disciplinary proceedings against Nurlan
Beysekeyev in relation to his representation of a client in Court, to be in
line with international standards on the role of lawyers.
The
Collegium’s decision followed a ruling of District Court 2 of the Almaty
District of Astana, Kazakhstan, on 17 February 2014, ordering that
consideration be given to imposing a disciplinary penalty on Nurlan Beysekeyev.
Having
examined the Court’s ruling and other relevant documents, the ICJ considers
that taking disciplinary action against Nurlan Beysekeyev in relation to his
conduct set out in the ruling of the District Court would be contrary the
duties of the authorities, under international standards to respect and protect
the role of lawyers.
In
particular the UN Basic Principles on the Rule of Lawyers clarify states’
duties to ensure that, in protecting the rights of their clients, lawyers can
act freely and diligently (Principle 14), are not sanctioned or threatened with
sanction for action taken in accordance with recognized professional duties,
standards and ethics (Principle 16(c)), and that they enjoy immunity for
relevant statements made in good faith in oral or written submissions and
appearances before a court (Principle 20).
Contact:
Róisín
Pillay, Director, Europe Programme, roisin.pillay(a)icj.org
Temur
Shakirov, Legal Adviser, Europe Programme, temur.shakirov(a)icj.org
Full text in PDF format is HERE
SOURCE:
