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During the 2nd Eurasian Human Rights Forum: Zauresch Baimoldina (centre), Head of the Law Academy of the Supreme Court of the Republic of Kazakhstan Kazakhstan
International Human Rights Day is observed every year on 10 December. On 10 December 2020, the occasion was marked by the 2nd Eurasian Human Rights Forum. The forum, organised jointly by IRZ, the Law Academy of the Supreme Court of the Republic of Kazakhstan and KAZGUU University, was held in a hybrid format at the Law Academy and online.
The Head of the Law Academy, Zauresch Baimoldina, opened the forum and led the event, which was broadcast on YouTube and watched by around 700 interested parties.
Welcome speeches were given by the German Ambassador to Kazakhstan, Dr. Tilo Klinner, as well as by Professor Sergey Pen, Head of KAZGUU University, and Aslan Tukiyev, a judge at the Supreme Court of the Republic of Kazakhstan. The speakers covered topics including the Kazakh government’s plans to abolish the death penalty, the reform of voting rights with the thirty percent quota for women and young people on party lists and a law passed in spring 2020 to allow peaceful protests.
IRZ was represented by two experts at the event:
Isabelle Biallaß, a Local Court judge and desk officer at the Ministry of Justice for the North Rhine-Westphalia region, gave a lecture on “The Ethical Charter on the use of artificial intelligence in judicial systems (CEPEJ)”.
Dr. Kerstin Ashauer, Head of Department for the Senator for Justice and the Constitution for the Bremen region, gave a lecture on the “Protection of Human Rights in Prison in the COVID-19 Context”.
The other lectures at the forum were given by scientists and academics from universities in Kazakhstan, the Russian Federation and Ukraine. These covered a wide range of subjects focussing on current aspects concerning the protection of human rights.
IRZ plans to continue its successful cooperation with the Law Academy of the Supreme Court of the Republic of Kazakhstan next year.
The speakers during their lectures: Ulrike Kluth, German Federal Office of Justice; Dr. Christophe Bernasconi, Hague Convention on Private International Law; Dr. Gérardine Goh Escolar, Hague Convention on Private International Law; liaison magistrate, Dr. Joanna Guttzeit (from top left to bottom right; screen shots) Kazakhstan
On 9 December 2020, IRZ and the Ministry of Education and Science for the Republic of Kazakhstan organised an online seminar on the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (HCCA). The objective of the convention is to restore the status quo through the prompt return of children who have been wrongfully removed or retained, with the help of cooperation between central authorities.
The HCCA came into force in Kazakhstan on 1 September 2013. On 8 December 2016, the European Council authorised the member states to approve the accession of Kazakhstan to the HCCA in the interests of the European Union. With relation to Germany, the convention came into force on 1 May 2017. An HCCA conference had already taken place with Kazakhstan in 2015 to lay the foundations for the current cooperation.
The following European and German experts represented IRZ at the online seminar:
Dr. Christophe Bernasconi, Secretary General of the Hague Conference on Private International Law
Dr. Gérardine Goh Escolar, First Secretary of the Permanent Bureau of the Hague Convention on Private International Law
Ulrike Kluth, a desk officer in charge of international child custody, child abduction and the protection of children and adults at the German Federal Office of Justice
Dr. Joanna Guttzeit, a judge at the Local Court of Pankow/Weißensee, a liaison magistrate in the International Hague Network of Judges and a liaison magistrate in the European Judicial Network
In his lecture on “40 years since the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction”, Dr. Christophe Bernasconi outlined the main achievements of the HCCA and emphasised the associated responsibility in HCCA proceedings for children’s welfare.
Dr. Goh Escolar examined in detail the exemption under article 13 para. 1b HCCA if “there is a grave risk of exposing the child to physical or psychological harm” and presented the practical application of this most frequently applied exemption and the resulting difficulties in some cases.
Ulrike Kluth presented the best practices of the German Federal Office of Justice in connection with the seminar topic. After all, as a central authority in Germany, the German Federal Office carries out its duties in accordance with the provisions of international family law.
Dr. Joanna Guttzeit spoke about the practical work and duties of judges in international child abduction proceedings. She gave details of the “Mediator in court” pilot scheme. This scheme ensures that mediators are present in court during international child abduction proceedings and keep the parents informed about the mediation process.
The Kazakh speakers presented the current situation in Kazakhstan, the role of the relevant authority in international child abduction cases and ensuring cross-border cooperation in this area.
The seminar was a great success. The participants had plenty of opportunities to discuss any outstanding issues. There is a great deal of interest from both sides in continuing and intensifying the cooperation on the HCCA. IRZ is happy to continue supporting other types of event covering this subject in future.
In cooperation with the Law Academy of the Supreme Court of the Republic of Kazakhstan, IRZ organised two online seminars on 24 and 27 November 2020 to advise on the recent changes to legislation in civil, criminal and administrative court procedures in Kazakhstan. The presentations at the seminar were given by the following IRZ experts:
Dr. Michael Scholz, a judge at the Higher Regional Court of Düsseldorf
Prof. Dr. jur. Bijan Nowrousian, University of Applied Sciences for Police and Public Administration in North Rhine-Westphalia,
Dr. Christian Schaich, Administrative Director at the Centre for Eastern European and International Studies, and
Dr. Christian Reitemeier, Chief of Department at the Ministry of Justice for North Rhine-Westphalia.
Dr. Michael Scholz spoke about the application of the basic principle of sincerity and good faith in the German law of obligations and the effects of this on the entire German legal system. Prof. Bijan Nowrousian explained the specific features of the procedure for dealing with criminal offences, juvenile criminal offences and people who have privileges and immunity from criminal prosecution. Dr. Christian Schaich and Dr. Christian Reitemeier gave a presentation on the general principles of the administrative process and administrative court proceedings in Germany. Their lectures covered the following topics:
basic elements of the principle of the constitutional state
constitutional requirements of administrative procedures
administrative court proceedings
The Kazakh participants showed a great deal of interest. The 220 or so judges joined in the discussions with plenty of questions put to the German speakers.
IRZ plans to offer further events on the application of the new legal standards next year.
