OSCE Centre in Astana held high-level discussion on criminal procedure legislation reform
The roundtable discussion brought together some 40 high-level government officials, including those from the Presidential Administration, the Constitutional Council and the Supreme Court, parliamentarians, representatives of non-governmental organizations, academia and the Bar Association as well as local and international legal experts. The agenda for the discussion was based on previous public debates and expert consultations on the draft Criminal Procedure Code, which is presently being considered by the Mazhilis (lower chamber) of the Parliament of Kazakhstan. It focused on one of the key novelties of current criminal procedure reform - the simplification and efficiency of pre-trial criminal procedures. Participants emphasized strengthening legal safeguards for the accused, legal guarantees and the overall role of defence lawyers and legal representatives in criminal proceedings. Particular attention was paid to proposed legislation changes in the area of judicial control, adversarial trial principles and equality of arms, the OSCE Centre in Astana said. "Strengthening legal guarantees and protection for those involved in criminal proceedings is one of the major challenges in building a trustworthy and transparent judicial system," said Ambassador Natalia Zarudna, Head of the Centre in Astana. "Therefore it is of utmost importance to take a human rights-oriented approach in building new concepts and norms in the current criminal justice reform process." She also noted that one of the key elements for future legislation to be effective is to maintain an open platform for discussion of current criminal justice initiatives with legal professionals, defence lawyers and civil society at large. Chairman of the Supreme Court of Kazakhstan Kairat Mami said, "The draft criminal procedure code has a key role in protecting rights and freedoms and ensuring effectiveness of justice." He noted that some drawbacks of the draft code are still to be corrected and openly discussed with the legal community. Alik Shpekbayev, Head of the Law Enforcement System Department of the Presidential Administration said, "A comprehensive overhaul of the legislation will allow us to better address contemporary trends and challenges, modernize law enforcement approaches and bring legislation in line with international standards and practices." The event was co-organized by the Centre in co-operation with the Prosecutor General's Office, the Constitutional Council of Kazakhstan and the European Commission for Democracy through Law (Venice Commission) with support of German Foundation for International Legal Co-operation, the Embassy of the Netherlands, the British Embassy in Astana and the Penal Reform International Office in Central Asia. The roundtable meeting is part of the Centre's long-term efforts to support authorities and civil society in building dialogue on new Criminal and Criminal Procedure Codes since 2012 when the reform was launched.
