Kazakhstan's Courts: Closed-Door Justice Trend Causing Concern

A troubling pattern has emerged in Kazakhstan's judicial system - an entire trial can be closed to the public over one part, limiting Kazakhstanis' access to such information and making it harder to monitor potential violations.

An Orda journalist has looked into the matter.

This trend has become evident in recent cases.

In December, Almaty police initiated criminal proceedings against lawyers Zhanna Urazbakhova and Gabit Bekitayev for allegedly disclosing pre-trial investigation data.

The lawyers, who represent the ex-partner of prominent Bazis-A founder Alexander Belovich (listed among Kazakhstan's top 50 influential businesspeople by Forbes), now face potential two-year sentences.

First of all, I did not sign a non-disclosure agreement regarding my client's case. I do not have any information from the criminal case materials since the pre-trial investigation has not yet been completed. Law enforcement agencies are prosecuting me for my professional activities. When they want to remove a lawyer, they use all means, including an illegal criminal case. A lawyer is the only person who stands between the law enforcement system and the citizen, and if there are no lawyers, then who will be responsible for compliance with the law? says Zhanna Urazbakhova.

Her colleague from the Almaty Bar Association, Saule Kobzhanova, voiced concern about this precedent:

It is not only the legal community that is in danger. Because a precedent has been created whereby any lawyer can be neutralized by initiating a criminal case.

The issue also extends to journalists.

Orda.kz is aware of cases where government agencies questioned investigative reporters after publishing their findings.

Human rights activist Yevgeny Zhovtis points out that Kazakhstan's current pre-trial investigation model, common in post-Soviet nations, differs from international practices where investigative courts are more prevalent.

He argues that Kazakhstan's transparency laws fall short of international standards and sometimes contradict the country's international commitments.

While some cases legitimately require privacy, Zhovtis notes that Kazakhstan often announces only partial verdicts, violating international agreements.

He criticizes the broad interpretation of investigative secrecy laws, which frequently result in entire cases being closed when only specific counts contain sensitive information.

He also expressed doubts about the practice of non-disclosure agreements, which force witnesses, lawyers, and other trial participants to remain silent about details.

We decided to ask officials from the Ministry of Justice why this had happened. They told us that closed trials are held privately in exceptional cases, and it is challenging to comment on each trial. 

A non-disclosure agreement is taken in relation to a certain category of information and matters that, according to the law, are of a limited nature. A person is explained their rights when a non-disclosure agreement is taken, Vice Minister Botagoz Zhakselekova states.

Original Author: Olga Ibraeva