Kazakh delegation from the Constitutional Council pays a working visit to Koblenz

Jogan Merkel; Dagmar Wünsch, permanent representative of the President of the Rhineland-Palatinate Constitutional Court and Vice-President of the Higher Administrative Court of Rhineland-Palatinate; Dr. Lars Brocker, President of the Constitutional Court and Higher Administrative Court of Rhineland-Palatinate; Askhat Daulbayev; Nataliya Kress; Murassat Murtazin  (from left to right)
Jogan Merkel; Dagmar Wünsch, permanent representative of the President of the Rhineland-Palatinate Constitutional Court and Vice-President of the Higher Administrative Court of Rhineland-Palatinate; Dr. Lars Brocker, President of the Constitutional Court and Higher Administrative Court of Rhineland-Palatinate; Askhat Daulbayev; Nataliya Kress; Murassat Murtazin (from left to right)

From 8 to 10 November 2017, a working visit on “Constitutional jurisdiction of the federal states in Germany” took place at the Rhineland-Palatinate Constitutional Court in Koblenz as part of the partnership with the Constitutional Council of the Republic of Kazakhstan.

The delegation was made up of high-ranking representatives from the Constitutional Council of the Republic of Kazakhstan:

  • Askhat Daulbayev, Member of the Constitutional Council,
  • Jogan Merkel, Member of the Constitutional Council,
  • Murassat Murtazin, Advisor to the Chairman of the Constitutional Council and
  • Nataliya Kress, Lead Consultant for the department of legal expertise at the Constitutional Council.

During their working visit, the Kazakh guests had the opportunity to discuss various issues concerning constitutional jurisdiction at federal and regional levels in Germany with members of the Rhineland-Palatinate Constitutional Court.

The discussions during the working visit focussed in particular on the following topics:

  • The role of constitutional law in the Federal Republic of Germany;
  • Constitutional jurisdiction in Germany: Origins, function, responsibilities and processes;
  • Responsibilities of the German Federal Constitutional Court and of the Rhineland-Palatinate Constitutional Court.

Issues concerning judicial independence and the principle of proportionality were of particular interest. In this context, the Kazakh guests took part in extremely lively discussions, particularly with regard to restrictions and deprivations of liberty.

Another focal point of the discussions was the institution of individual constitutional complaints, above all in light of their legitimacy and their justification. This issue is extremely relevant given the fact that this kind of appeal procedure is completely unknown in the Kazakh legal system.

The exchange with German colleagues in this field and the valuable knowledge gained as a result should in future influence the development of constitutional jurisdiction in Kazakhstan. The Kazakh delegation repeatedly made this clear and expressed their desire for the exchange of expertise to continue.

The Kazakh guests suggested a further cooperation in this field within the framework of a Memorandum of Understanding. Their German counterparts were favourable to this suggestion and are taking this possibility into consideration with the support of the IRZ.

Round table on “Cybercrime and data protection” in Astana

Lecture by Jürgen Maurer, former Vice-President of the German Federal Criminal Police Office (BKA) (2nd from right)
Lecture by Jürgen Maurer, former Vice-President of the German Federal Criminal Police Office (BKA) (2nd from right)

On 2 November 2017, a round table on “Cybercrime and data protection” was organised in the Kazakh capital by the IRZ, together with the Academy for the administration of justice and law enforcement authorities at the Public Prosecutor's Office in the Republic of Kazakhstan and the OSCE office in Astana.

The German experts taking part in the event were Jürgen Maurer, former Vice-President of the German Federal Criminal Police Office (BKA), and Senior Public Prosecutor Georg Ungefuk from the Public Prosecutor General's Office in Frankfurt/Main. Georg Ungefuk is also a press officer at the German Centre for Combating Cyber Crime (ZIT), which is a special unit at the Public Prosecutor General’s Office in Frankfurt/Main.

During the round table discussions, light was shed on the current situation, problematic issues and perspective development of cybercrime and data protection in Germany and Kazakhstan. The German contributions dealt with the following subjects, amongst others:

  • The cybersecurity strategy for Germany,
  • The cybercrime situation in Germany,
  • The experiences of the Federal Republic of Germany and the EU with regard to identifying illegal content and
  • Solutions for international investigations into cybercrime.

The participants in the event showed a great deal of interest and were delighted to be able to take advantage of the opportunity to exchange expertise, in particular with the German experts.

At the end of these successful round table discussions, the Academy expressed the wish to organise further events in this field in future.

Working Visit of the Supreme Court of the Republic of Kazakhstan on the subject "Criminal offences against the judiciary and penitentiary regulations“

The Kazakh delegation at the Regional Court of Munich I
The Kazakh delegation at the Regional Court of Munich I

A study trip was organised in cooperation with the Supreme Court of the Republic of Kazakhstan to Sonthofen, Kempten and Munich from 16 to 20 October 2017 on the subject “Criminal offences against the judiciary and penitentiary regulations”, which was attended by five judges from different regions in Kazakhstan.

The programme started at the local court of Sonthofen with an introduction into how criminal procedures work in Germany. Afterwards, the focus was on offences relating to making false statements and forging deeds as well as on giving false evidence in the course of proceedings in the German criminal procedure. The guests from Kazakhstan also had the opportunity to attend two court trials. In this context they found it particularly interesting that a guardianship judge was heard as a witness. The laws of the Republic of Kazakhstan do not provide for a judge being summoned as a witness.

At the public prosecutor’s office in Kempten the speakers reported, amongst other things, on aiding a perpetrator of an offence, favouritism and punishable acts in office (bribery, perversion of the course of justice) and criminal offences against law and order.

The deputy head of the police department of Sonthofen, Kurt Islar, presented the amended law on the tightened provisions for criminal offences against police officers and other rescue units which came into force in spring 2017. He also gave an account of punishable acts against law and order from the police's point of view.

The delegation learned about the work of a criminal division in charge of executing sentences at the regional court of Kempten. This topic met with particular interest because there is no respective institution in Kazakhstan.

On the last day of their study trip, the Kazakh judges learned at the regional court of Munich how preventive custody is regulated in the German criminal law and which police measures a German court can take during the hearing.

The successful cooperation with the Supreme Court of the Republic of Kazakhstan will be continued as early as in November.