TAJIKISTAN: UN SPECIAL RAPPORTEUR FINDS JUDICIARY

C O N F I D E N T I A L DUSHANBE 001745

SIPDIS


E.O. 12958: DECL: 10/31/2015
TAGS: PREL PGOV PHUM KDEM TI
SUBJECT: TAJIKISTAN: UN SPECIAL RAPPORTEUR FINDS JUDICIARY
UNBALANCED

REF: DUSHANBE 1729

CLASSIFIED BY: Richard Hoagland, Ambassador, US Embassy
Dushanbe, State.
REASON: 1.4 (b)


1. (C) During his recent visit to Tajikistan, UN Special
Rapporteur on Independent Judiciary and Lawyers Leandro Despuy
noted a great imbalance between the power of Tajikistan's
prosecutors, and the weakness of lawyers ("advocates") and
judges in the system. United Nations Tajikistan Office of
Peacekeeping's (UNTOP) Ambassador Vladimir Sotirov reported
Despuy found the prosecutors' ability to initiate investigations
and prevent the implementation of a court decision distortedQe
objectivity and fairnesQof theQurt process. Judges are too
often afraid of proQcutors. He hoped the parliament's reforms
to the criminal code would remove these powers from the
prosecutor, thus legislating a more balanced judicial system.


2. (C) NOTE: A current case in point is journalist Jumaboy
Tolibov. Having written articles criticizing the Prosecutor's
Office in Sogdh province, he was arrested and sentenced to
prison. Acting on his appeal, the Supreme Court's Criminal
Affairs Board ordered his release. The Prosecutor General
overruled the Supreme Court, and Tolibov remains behind bars.
END NOTE


3. (C) According to Sotirov, Despuy enjoyed access to all
levels of government, and remarked on Tajik interlocutors'
openness. People were unafraid to share their concerns about
salaries, corruption, and a need for better training. The
Special Rapporteur will prepare a report on his visit for the UN
High Commission on Human Rights; he should publish his full
findings in Spring 2006.


4. (C) Turning to other issues, Sotirov observed UNTOP's
"relationship of trust" with the Tajik government allowed them
to address a number of sensitive issues not specifically in
their mandate. For example, UNTOP was addressing a number of
complaints they had received from citizens and inmates about
food and sanitation conditions in prisons. UNTOP experienced
the same difficulties and frustratiQs as other international
missions Qng through the MFA to get meetings (reftel),but
characterized it as bureaucratic, not political. "They don't
have the administrative capacity to tackle requests."


5. (C) Sotirov referred to the Iskandarov trial as a step in
the "political elimination of the warlords" after the Civil War.
He observed that democratic reforms were not an easy sell to
the Tajik public for two reasons. First, many think democracy
caused the civil war, so enthusiasm for democratic initiatives
is limited. Second, remembering the Civil War, many equate the
political opposition with a potential military opposition.


6. (C) COMMENT: It is not surprising that Tajik interlocutors
spoke to the Special Rapporteur openly about problems of
corruption and salaries-these are safe topics which generate
much hand-wringing and head-nodding, but few viable solutions.
UNTOP can sometimes take a cautious approach to the government
of Tajikistan, and is careful to preserve its status and limited
influence, but also uses its unique position to address problems
delicately where other institutions have limited access.


HOAGLAND


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