Changes to criminal legislation in Kazakhstan focus of OSCE-supported discussion
BOROVOYE, Kazakhstan, 1 November 2013 – An OSCE-supported roundtable discussion of the drafts of the Criminal, Criminal Procedural and Penal Codes was held in Borovoye in northern Kazakhstan today.
The event was co-organized by the OSCE Centre in Astana in co-operation with the Ombudsman’s office, the parliamentary Committee for Legislative and Judicial Reform, and the non-governmental organization Penal Reform International in Central Asia.
Some 40 high-level government officials, parliamentarians, local and international legal experts and representatives of non-governmental organisations participated in the event. The discussion centred on how the proposed amendments to the three major codes correspond with the OSCE principles and commitments and international standards in the area of criminal legislation, human rights and rule of law.
“Sufficient and effective criminal legislation is a key element of any sustainable criminal justice system that must be based on the principle of universal human rights protection,” said Ambassador Natalya Zarudna, Head of the OSCE Centre in Astana. “It can also help prevent and counter today’s threats and challenges, including violent extremism and corruption.” She reiterated the readiness of OSCE to further assist the government and the civil society of Kazakhstan in promoting the on-going criminal justice reform.
Igor Rogov, the Chairperson of the Constitutional Council of Kazakhstan, said: “The codes that we are discussing today are a major tool for codifying state criminal justice policy. Preliminary discussions show that the codes include many progressive provisions. However, some norms still require deeper analysis and need to be further elaborated.” He said the conference was well-timed, as the codes are now under scrutiny of the expert community and all of society, and expressed hope that it would help to identify controversial issues on reforming legislation and to find possible solutions.
Askar Shakirov, the Human Rights Commissioner of Kazakhstan added: “The conference touches upon very important issues, as modernization of criminal legislation will help Kazakhstan to further strengthen the protection of citizens’ rights and create a safe and secure environment for everyone.”
Some of the proposed changes to the Criminal Code include: the introduction of a criminal offences category incorporating some existing administrative and new offences and crimes currently classified as minor ones; new crimes such as incitement of a labour conflict; and increased punishment for severe and repeated crimes. The draft legislation attempts to provide for a wider use of alternative measures of punishment for less severe crimes and for early parole of socially vulnerable persons.
Changes to the Criminal Procedural Code envisage the simplification and reform of pre-trial procedures, the introduction of plea bargaining, the reduction of witness’ involvement in pre-trial proceedings, and the establishment of an institution of investigative judge to sanction measures of restraint, as well as the abolition of the practice of remanding cases by which judges can return a case for additional investigation.
The draft Penal Code aims to improve the process of re-socialization of convicted persons that would help decrease the rate of repeat offenses by prisoners after their release.
The meeting is part of the OSCE Centre’s support to Kazakhstan’s authorities and non-governmental actors in reforming criminal justice legislation and institutions.