Kazakhstan plans to implement traditional jury trials in the country's legal system.
Jury Trials in Kazakhstan: Moving Away from the Hybrid System
Kazakhstan is set to transition from a hybrid judicial system to a full-blown jury trial system, making it less common in the former Soviet Union region. In March 2023, the Majilis, the lower house of parliament, backed legislation to organize jury trials.
Under this new regulation, jury decisions will be made by 11 individuals, without direct intervention from the judge, who will then announce the verdict. This method is popular in Western nations but less common in the ex-Soviet realm.
Advocates of this shift argue that it will lead to a more impartial examination of criminal cases. The push for this change has been gathering momentum over time.
Bakhtiyar Buleuliyev, a law professor, wrote in government newspaper Kazakhstanskaya Pravda in 2022 that this change is justified “based on [the Kazakhstan constitution’s] provision that authority stems from the people.”
Kazakhstan implemented its hybrid system in 2007. At first, jury trials were exclusively for severe crimes attracting the death sentence or life imprisonment. From 2007 to 2009, approximately 50 cases were tried by juries. Since then, the criteria have broadened to include offenses punishable by over a decade in prison.
Jury verdicts are decided by 10 jurors and the judge in a secret ballot. Only the accused can opt for a jury trial.
LeadingSupreme Court judge Nazgul Rakhmetullina has also supported this reform, asserting in an interview earlier this year that the classical model is the most effective in achieving its objectives: "Citizens of the country themselves delivering a verdict based on their inner convictions."
It's possible that the shift to classic jury trials might yield more acquittals. Acquittal rates are already higher in the current hybrid system, also known as the continental jury trial system.
Senior Supreme Court judge Abdrashit Zhukenov revealed in November 2022 that jury courts in Kazakhstan saw acquittals in 10% of the cases they handled, whereas general courts had a rate of 1.5-2%.
Lawyers appear to support this transformation, according to a survey by the Almaty-based Legal Policy Research Center in 2017. Nine out of ten lawyers were dissatisfied with joint deliberation and decision-making by judges and jurors, with the main cause of dissatisfaction being perceived judicial influence or pressure on juries.
A high-profile trial involving Kuandyk Bishimbayev, a former top minister accused of murdering his wife, Saltanat Nukenova, has sparked recent discussions about this topic. The presiding judge, Aizhan Kulbayeva, granted Bishimbayev’s lawyers' request for a jury trial on March 12, 2023.
Amid rising public awareness of domestic abuse, there has been widespread public outcry for Bishimbayev to face the harshest penalties. Bishimbayev's lawyers have described this pressure as unjust influence on the courts.
The evolution of jury trials in Kazakhstan has faced numerous hurdles, such as issues with juror selection and management. For instance, the trial of Elvira Yerkebayeva, accused of ordering a contract killing, was paused due to jury selection difficulties. Such challenges highlight the complexities involved in establishing and maintaining fair and efficient jury trials in Kazakhstan.
According to Freedom House’s 2023 Freedom in the World country report on Kazakhstan, "The judiciary is effectively subservient to the executive branch, with the president nominating or directly appointing judges based on the recommendation of the Supreme Judicial Council, which is itself appointed by the president." This situation potentially allows authorities to manipulate cases like that of Bishimbayev to prevent public outcries.
Even under the current jury trial system, suspicions of court manipulation persist. Gulnara Bazhkenova, the editor-in-chief of news website Orda.kz, raised this concern during an interview with rights activist and lawyer Yevgeny Zhovtis on her YouTube channel: "We have comments from people saying that [Bishimbayev’s people] have bought the jurors." Zhovtis suggested that increasing transparency and media freedom could remedy this situation by ensuring the public has an informed understanding of court procedures and outcomes.
In the light of the shifting judicial system, the advocates argue that the move towards classic jury trials in Kazakhstan will provide a more impartial examination of cases, as it mirrors the constitutional provision that authority stems from the people. This shift also aligns with the general news trend, as jury trials are popular in Western nations but less common in the ex-Soviet realm, particularly in the former Soviet Union region.
The officials' Support for this change, such as that expressed by Nazgul Rakhmetullina and Abdrashit Zhukenov, demonstrates the progression of policy-and-legislation in Kazakhstan towards a more transparent and public-oriented system. This transformation, however, faces challenges related to juror selection and management, which have been highlighted in high-profile trials like the one involving Kuandyk Bishimbayev, as well as concerns about court manipulation and unjust influences from politics.
