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Reception at the Brandenburg police headquarters by the Head of the Legal Department, Bernd Kalthoff (left), and the Head of Department 4 at the Ministry of the Interior for the federal state of Brandenburg, Dr. Herbert Trimbach (centre)
Visit to the President of the Regional Court of Potsdam, Dirk Ehlert (centre)
After the expert discussions with the Vice-President of the Local Court of Bremen, Ellen Best (3rd from right)
From 7 to 10 June 2016, a study visit on the specific tasks handled by investigative magistrates took place in Berlin and Potsdam. Five judges from various regions of Kazakhstan took part in the visit. The event followed on from the seminar in Astana, which also dealt with the new authority of investigative magistrates.
The position of investigative magistrate was introduced in Kazakhstan alongside the new code of criminal procedure, which has been in force since January 2015. Since January 2016, the authority of investigative magistrates has been extended to allow them to order searches, body searches, inspections and seizures.
During the working visit, expert discussions were held at the German Federal Ministry of Justice and Consumer Protection, at the Regional Court of Potsdam and at the Brandenburg police headquarters. The delegation was informed about German legislation relating to the authority of investigative magistrates, as well as about their duties and those of the Public Prosecutor’s Office and the police during an investigative procedure. The participants had the opportunity to discuss similarities and differences in the criminal procedure of both countries with German experts.
Further deliberations will take place on the practical application of the new legal framework. This year, there are plans for two more events in cooperation with the Supreme Court of the Republic of Kazakhstan.
The Kazakh delegation at the German Federal Ministry of Justice and Consumer Protection (BMJV): Saken Samet, Head of the First Department of the RK Public Prosecutor's Office; Regional Court Judge Nina Sommer, BMJV; Senior Government Official Dr. Beatrix Lindner, BMJV; Zhandos Umiraliyev, Deputy Prosecutor General for the city of Almaty; Almat Baishulakov, Deputy Prosecutor General for the city of Astana (right to left)
The Kazakh delegation at the Public Prosecutor's Office in Berlin: Senior Public Prosecutor Jörg Raupach, permanent representative of the Chief Prosecutor's Office at the Public Prosecutor's Office in Berlin (2nd from right)
The Kazakh delegation at the police headquarters for the federal state of Brandenburg: Senior government official Bernd Kalthoff, Head of the Legal Service (3rd from left)
From 23 to 27 May 2016, a delegation from the Public Prosecutor's Office of the Republic of Kazakhstan visited Berlin and Potsdam to learn about the "Legal regulation of demonstrations and manifestations in Germany, measures and means of dealing with disturbances of the peace and riots". The lectures and discussions held during the study visit dealt with the legal regulations concerning the authorisation of demonstrations and assemblies in Germany, as well as the cooperation of authorities working towards ensuring public order during authorised and unauthorised demonstrations and manifestations.
The participants in the delegation were also interested in the policing methods used to maintain public order during manifestations and demonstrations and in methods used to deal with people disturbing the peace.
Those participating in the delegation held talks with experts, including from the German Federal Ministry of Justice and Consumer Protection, the Public Prosecutor's Office in Berlin and the police headquarters for the federal state of Brandenburg. In addition, a speaker from the Saxon Centre for Political Education came to Berlin from Dresden to discuss these topics with the Kazakh delegation
The German speakers addressed all the questions from the participants in the delegation and, during the discussions, they were also able to stress the significance and priority given to the right of assembly in Germany, which is a fundamental part of the German constitution. The speaker from the Saxon Centre for Political Education also talked about the opportunities for dialogue against the development of radicalisation movements such as Pegida, and about the process for dealing with critical opinion-forming and decision-making processes in society.
The Kazakh delegation showed a keen interest and was delighted with the wide range of information provided. In these issues, the efforts of the Kazakh partners towards orienting themselves to western – and in particular German - standards are becoming clear.
Participants in the meeting with moderator Serik Akylbai (centre), Chairman of the Senate Committee for constitutional legislation, the court system and for law enforcement authorities at the RK Parliament
Iogan Merkel (centre of the photo), RK First Deputy Prosecutor General, and Abai Rakhmetulin (right), Chairman of the court council for criminal cases at the RK Supreme Court
Zauresh Baimoldina (right), RK Deputy Minister of Justice, and Rashid Zhakupov (on her left), RK Deputy Internal Affairs Minister
Bektas Beknazarov (left), representative and member of the committee
On 8 April 2016, an off-site meeting of a Senate Committee for the Parliament of the Republic of Kazakhstan took place in Ust-Kamenogorsk (or Oskemen) in East Kazakhstan. The Committee is responsible for constitutional legislation, the court system and law enforcement authorities. The meeting covered the application of standards in the new penal code, the criminal justice system and legislation on law enforcement. Topics of discussion also included amendments to legislation in criminal law and criminal procedural law (e.g. in the field of judicial appraisals) and enhancing the performance of investigative magistrates.
The event was organised by the Public Prosecutor's Office and the Senate of Parliament for the Republic of Kazakhstan. As well as the organisers themselves, representatives of the following institutions also attended the meeting:
Ministry of Justice,
Ministry of Finance,
Ministry of Internal Affairs,
National Security Committee,
National Anti-Corruption Bureau under the Ministry for Civil Affairs,
Law Council of the Republic,
State Law University of Kazakhstan,
Regional public prosecutor's offices and courts,
Other regional authorities.
Some of these institutions were represented by very high-ranking individuals, which meant that the First Deputy Prosecutor General of the Republic of Kazakhstan, Iogan Merkel, the Deputy Minister of Justice, Zauresh Baimoldina, and the Deputy Internal Affairs Minster, Rashid Zhakupov, took part in the lectures and discussions.
The meeting was opened and moderated by Serik Akylbay, the Chairman of the Committee. By request of the Public Prosecutor's Office for the Republic of Kazakhstan, the IRZ was also represented by a German expert, Karin Schreitter-Skvortsov, a public prosecutor at the public prosecutor's office for the District Court in Dresden, and an employee of the IRZ from Bonn. Karin Schreitter-Skvortsov reported on the position of the public prosecutor's office within the German administrative structure and on the division of tasks between the public prosecutors' office, the police and the courts in investigative procedures in Germany. These topics were taken on board and addressed time and again by the Kazakh partners, making it clear that they are trying to orientate themselves to western - and in particular German – standards.