ADDRESSING HUMAN RIGHTS VIOLATIONS IN THE CRIMINAL JUSTICE SYSTEM OF KAZAKHSTAN: THE ROLE OF THE PROSECUTORS OFFICE AND A CALL FOR LEGISLATIVE REFORMS
Dalmatov K. Nurmukhanbet D. Yernishev K. Zhanibekov A. Altynbassov B.
August 2024Access to Justice in Eastern Europe
Access to Justice in Eastern Europe
2024#7Issue 363 - 90 pp.
Background: Human rights violations within the criminal justice system represent a pervasive problem. International human rights agreements and national laws clearly assert the absolute protection of human rights. However, despite these strong legal principles, human rights violations frequently occur within the criminal justice system. This article examines the problem of human rights violations in the criminal justice system of Kazakhstan and the role of the prosecutors office in protecting human rights. Methods: This study utilised documentary analysis and secondary data analysis methodologies to conduct a detailed examination of legal acts, international agreements, and policy documents It specifically reviewed documents including the Universal Declaration of Human Rights (UDHR), the Constitutional Law “On the Prosecutors Office”, the Concept of Legal Policy of the Republic of Kazakhstan up to 2030, and human rights reports from international bodies such as Amnesty International, Human Rights Watch, and Freedom House. The study also analysed reports from the Ministry of Justice and the Commissioner for Human Rights of the Republic of Kazakhstan. Results and conclusions: By analysing international human rights treaties, national legislation, and reports from leading human rights organisations, the study exposes significant discrepancies between legal mandates and actual practices. Despite Kazakhstans formal commitment to international human rights standards, it reveals systemic issues, including instances of human rights abuses in criminal justice. The study highlights the critical role of the prosecutors office in human rights protection while also pointing out the challenges in effectively fulfilling these responsibilities. The findings stress the importance of legislative reforms for enhancing the protection of human rights in criminal justice. The study is particularly relevant for policymakers, human rights advocates, and scholars interested in the intersection of law enforcement and human rights protections, offering insights that could guide future improvements in criminal justice practices.
criminal justice , human rights , Kazakhstan , legislative reforms , prosecutor
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Faculty of law, L.N. Gumilyov Eurasian National University, Astana, Kazakhstan
Taraz Innovative Institute, Taraz, Kazakhstan
Faculty of Economics and Law, Taraz Regional University named after M.Kh. Dulaty, Taraz, Kazakhstan
Faculty of Law, Kazakh National University Al Farabi, Almaty, Kazakhstan
Faculty of Social Sciences and Law, University of Bristol, Bristol, United Kingdom
Faculty of law
Taraz Innovative Institute
Faculty of Economics and Law
Faculty of Law
Faculty of Social Sciences and Law
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