GERMAN LEGAL EXPERT OFFERS JUDICIAL REFORM PROJECT

C O N F I D E N T I A L SECTION 01 OF 02 TASHKENT 001952

SIPDIS

SIPDIS

DEPT FOR INL/AAE ANDREW BUHLER, EUR/ACE FOR RICK STODDARD;
BISHKEK FOR RLA IRFAN SAID; DEPT OF JUSTICE

E.O. 12958: DECL: 11/09/2017
TAGS: PGOV PHUM EAID UZ
SUBJECT: GERMAN LEGAL EXPERT OFFERS JUDICIAL REFORM PROJECT
ADVICE

Classified By: Poloff Tim Buckley for reasons 1.4 (B, D)


1. (C) Summary. Poloff met on November 7 with Klaus Schmitz,
outgoing legal expert from the German Association for
Technical Cooperation (GTZ),which is completing a two year
EU-funded rule of law project in Uzbekistan. The project
achieved some positive results, especially in providing
business law training to judges and developing curriculum
materials, but Schmitz reported the GOU "kept us at arm's
length." The project, which began in the aftermath of the
May 2005 Andijon events with a reduced scope, was seen as a
way for the EU to maintain some engagement with the GOU.
Schmitz said his project could have accomplished much more if
they had "sustained institutional contact" with relevant
ministries, but noted it was very difficult to operate as a
foreign advisor during this timeframe. Schmitz suggested
there may be an opportunity to pursue capacity-building
projects that focus on habeas corpus, international
arbitration law, and corporate registration issues. Anti-TIP
and counter-narcotics programs also may be possible. End
summary.

Background
--------------


2. (C) GTZ is a quasi-governmental German development agency
that is affiliated with the Ministry for Development
Cooperation. GTZ was selected in a competitive process to
administer the two-year project with EU funds, with a focus
on developing business law by training judicial staff and
developing curriculum. Schmitz reported that there was
debate within the EU in the aftermath of the Andijon tragedy
about whether to proceed with the project, but ultimately the
project went forward as an effort to maintain some engagement
with the GOU.

Kept at Arm's Length
--------------


3. (C) Schmitz said the main GOU contact was the Republican
Legal Training Center (RLTC),an entity which trains judges
and prosecutors under the auspices of the Ministry of Justice
(MOJ). Schmitz (please strictly protect) noted the RLTC
"seems to have a political head" rather than professional
leadership, and links with foreigners were carefully limited.
GTZ was also directed to work with the Ministry of Foreign
Economic Relations, however it did not have the capacity to
deal with the issue. Although GTZ carried out regular
seminars on legal reform, it was difficult to access judges
to provide training. He was cautioned by diplomats at the
outset that "MOJ was more of an enforcement agency in the
country than a legal reform partner," which limits the
effectiveness of rule of law projects.

Some Success
--------------


4. (C) The most successful elements of the GTZ project were
those that focused on younger judges who were more willing to
learn new concepts such as case law. Schmitz also had
success working with Westminster University in Tashkent on
developing law curriculums. They recently worked with the
MFA to organize a two-day seminar for Uzbek diplomats to
learn about EU law, which finally was approved after lengthy
consideration. MFA also requested training in Europe for
Uzbek interpreters to gain familiarity with legal terminology
and concepts, although they requested long periods of
expenses-paid training in Europe and asked for expensive
computers and other equipment.

Opportunity on Habeas Corpus
--------------


5. (C) Schmitz said the RLTC suggested that the GOU would
welcome some training programs on habeas corpus, particularly
since a new law has been adopted and will soon enter into
force. Schmitz believes "many levels of cooperation are
possible" on habeas corpus, including pointing out

TASHKENT 00001952 002 OF 002


deficiencies in the law as well as how to apply it properly.
He cautioned that the Uzbeks feel the new habeas corpus law
is advanced and thus they may be sensitive to criticisms
about shortcomings in the legislation, but there is an
opportunity if it is framed properly.

Enhancing Arbitration Law
--------------


6. (C) GTZ had some success on arbitration issues and Schmitz
feels that more work in this area is possible. He noted that
because the court system is so slow and disputes have to get
resolved, Uzbeks already do a lot of informal arbitration and
their culture fits well with the concept. He particularly
recommended working outside of the capital on arbitration
issues, and described a successful seminar conducted in
Samarqand. He added that a strong domestic arbitration
system strengthens the court system by keeping resolvable
cases from contributing to backlogs, thereby allowing judges
to focus on more complex cases. While the GOU is amenable to
domestic arbitration assistance, Schmitz noted it is more
lukewarm on international arbitration since decisions can go
against Uzbek interests. A draft international arbitration
law has been with the Cabinet of Ministers for two years, but
Schmitz noted that drafting advice is sorely needed to
improve its content. (Comment: The GOU has a mixed record,
at best, in respecting and enforcing international
arbitration decisions. End comment.)

Other Possible Areas
--------------


7. (C) Schmitz also mentioned corporate registration as a
priority area for Uzbekistan, although GTZ "was not able to
get a foot in the door" during its project timeframe. He
also said that he thought judicial reform and training with
an anti-TIP or anti-narcotics focus could be successful in
Uzbekistan if the GOU is indeed showing signs of reengagement.

Comment
--------------


8. (C) Schmitz was one of few remaining expatriates working
on legal reform in Tashkent, and his departure comes at a
time when EU countries and the US are seeing some positive
signs from the GOU on willingness to engage. There are some
remaining INL funds from a 2003 judicial reform account that
could be used to propose assistance programs which enhance
rule of law capacity in Uzbekistan. We will continue to
explore with Washington the possibility of using an NGO such
as ABA/CEELI to work with the GOU on implementing habeas
corpus, as well as the idea of restoring the position of a
Resident Legal Advisor in Tashkent if it appears that a legal
expert could engage productively with the GOU on these
issues.
NORLAND