Aydyn Bikebayev, Chairman of the Republican Bar Association of Kazakhstan, provided an update on social media regarding the criminal cases against Kazakhstan attorneys Urazbakhova and Bekitayev. The Republican Bar Association (RBA) of Kazakhstan concluded that there were no legal grounds to initiate a pre-trial investigation against the lawyers.
Criminal Case Against Lawyers for “Disclosure of Information”: Alarming tendencies in the Kazakhstan Bar
In late December 2024, the Almaty Police Department opened a criminal investigation against lawyers Zhanna Urazbakhova and her colleague Gabit Bekitayev on charges of disclosing pre-trial investigation data (Article 423 of the Criminal Code of Kazakhstan). Defenders argue that the case is connected to an ongoing legal dispute between businessman Alexander Belovich and Liliya Anoshina, whom Urazbakhova represents. Urazbakhova is a member of the Almaty City Bar Association, in spring 2024 she represented the family of Saltanat Nukenova, who was murdered by former Minister of National Economy Kuandyk Bishimbayev. On January 5, 2025, members of Kazakhstan’s legal community held a press conference condemning the obstruction of lawyers' professional activities and calling the criminal case a "dangerous precedent" not only for human rights defenders but for civil society as a whole.
Attorney’s Attorney Interrogated
In a further development, Urazbakhova’s own attorney was summoned for questioning as a witness, as she revealed on social media:
"I received a summons from an investigator at the Almaty Police Department to appear for questioning as a witness. I was surprised and inquired about the case in question. It turned out that I was being called in for questioning... in my own client’s case — Zhanna Urazbakhova’s case."
She further noted that the investigator handling Urazbakhova’s case denied her the right to act as her legal representative.
Criminal Code Deficiencies and RBA’s Reaction
Two years ago, the Republican Bar Association had already raised concerns about the problematic nature of Article 423 of the Criminal Code, highlighting its flaws in Kazakhstan’s 2022 National Report on the Legal Profession.
Article 423 – Disclosure of Pre-Trial Investigation or Closed Court Proceedings
Disclosing information regarding pre-trial investigation or closed court proceedings by a person who has been formally warned under Kazakh legislation about its prohibition, or by someone who has access to such information due to their job or legal authority, without the prosecutor’s consent (or without a judge’s consent in the case of a closed trial), may be punished by a fine of up to 2,000 monthly calculation indicators, correctional labor, up to 600 hours of community service, restriction of liberty for up to two years, or imprisonment for the same term.
Bikebayev emphasized:
"Lawyers are forced to bring these violations to the public’s attention because they must protect their clients' interests by all lawful means. At the same time, pre-trial investigation data is not being disclosed — attorneys are simply exposing VIOLATIONS by law enforcement agencies. However, when lawyers publicly highlight such violations, it is often misinterpreted as disclosure of pre-trial investigation data. Meanwhile, law enforcement authorities freely disclose details of high-profile criminal cases, including information about suspects, victims, grounds for suspicion, and investigative progress, often publicly labeling individuals as guilty before a court ruling. As a result, the new amendment to the law threatens lawyers' ability to expose violations by law enforcement officers and puts them at risk of criminal prosecution. We continue to advocate for the revision of this article in light of these concerns."
What About Belarus?
In Belarus, criminal prosecution of attorneys for "disclosure of information" in closed court proceedings is already a reality.
For instance, on September 28, 2022, attorney Dmitry Pigul was detained in Minsk by KGB officers at his home. He was charged under Article 407 of the Criminal Code (disclosure of pre-trial investigation or closed court hearing data). Dmitry was sentenced to a fine of 500 base units on January 25, 2023, and the Qualification Commission later ruled on the possibility of revoking his legal license.
Criminal Case Against Lawyers for “Disclosure of Information”: Alarming tendencies in the Kazakhstan Bar
In late December 2024, the Almaty Police Department opened a criminal investigation against lawyers Zhanna Urazbakhova and her colleague Gabit Bekitayev on charges of disclosing pre-trial investigation data (Article 423 of the Criminal Code of Kazakhstan). Defenders argue that the case is connected to an ongoing legal dispute between businessman Alexander Belovich and Liliya Anoshina, whom Urazbakhova represents. Urazbakhova is a member of the Almaty City Bar Association, in spring 2024 she represented the family of Saltanat Nukenova, who was murdered by former Minister of National Economy Kuandyk Bishimbayev. On January 5, 2025, members of Kazakhstan’s legal community held a press conference condemning the obstruction of lawyers' professional activities and calling the criminal case a "dangerous precedent" not only for human rights defenders but for civil society as a whole.
Attorney’s Attorney Interrogated
In a further development, Urazbakhova’s own attorney was summoned for questioning as a witness, as she revealed on social media:
"I received a summons from an investigator at the Almaty Police Department to appear for questioning as a witness. I was surprised and inquired about the case in question. It turned out that I was being called in for questioning... in my own client’s case — Zhanna Urazbakhova’s case."
She further noted that the investigator handling Urazbakhova’s case denied her the right to act as her legal representative.
Criminal Code Deficiencies and RBA’s Reaction
Two years ago, the Republican Bar Association had already raised concerns about the problematic nature of Article 423 of the Criminal Code, highlighting its flaws in Kazakhstan’s 2022 National Report on the Legal Profession.
Article 423 – Disclosure of Pre-Trial Investigation or Closed Court Proceedings
Disclosing information regarding pre-trial investigation or closed court proceedings by a person who has been formally warned under Kazakh legislation about its prohibition, or by someone who has access to such information due to their job or legal authority, without the prosecutor’s consent (or without a judge’s consent in the case of a closed trial), may be punished by a fine of up to 2,000 monthly calculation indicators, correctional labor, up to 600 hours of community service, restriction of liberty for up to two years, or imprisonment for the same term.
Bikebayev emphasized:
"Lawyers are forced to bring these violations to the public’s attention because they must protect their clients' interests by all lawful means. At the same time, pre-trial investigation data is not being disclosed — attorneys are simply exposing VIOLATIONS by law enforcement agencies. However, when lawyers publicly highlight such violations, it is often misinterpreted as disclosure of pre-trial investigation data. Meanwhile, law enforcement authorities freely disclose details of high-profile criminal cases, including information about suspects, victims, grounds for suspicion, and investigative progress, often publicly labeling individuals as guilty before a court ruling. As a result, the new amendment to the law threatens lawyers' ability to expose violations by law enforcement officers and puts them at risk of criminal prosecution. We continue to advocate for the revision of this article in light of these concerns."
What About Belarus?
In Belarus, criminal prosecution of attorneys for "disclosure of information" in closed court proceedings is already a reality.
For instance, on September 28, 2022, attorney Dmitry Pigul was detained in Minsk by KGB officers at his home. He was charged under Article 407 of the Criminal Code (disclosure of pre-trial investigation or closed court hearing data). Dmitry was sentenced to a fine of 500 base units on January 25, 2023, and the Qualification Commission later ruled on the possibility of revoking his legal license.
