UZBEKS TOUT JUDICIAL REFORMS

C O N F I D E N T I A L TASHKENT 000991 SIPDIS SIPDIS DEPARTMENT FOR SCA/CEN AND INL JUSTICE FOR OPDAT E.O. 12958: DECL: 05/21/2017 TAGS: PGOV PHUM KJUS UZ SUBJECT: UZBEKS TOUT JUDICIAL REFORMS Classified By: CDA Brad Hanson for reasons 1.4 (b) and (d). ¶1. (SBU) Poloff and RLA Assistant met with Ministry of Justice officials on May 10 to discuss judicial reforms in Uzbekistan and potential avenues of cooperation with Post's Resident Legal Advisor program. The meeting was prompted by a series of articles in the government-controlled press quoting Ministry officials and foreign "experts" commenting on the positive direction of judicial reforms in the country. ¶2. (SBU) Shukhrat Mamadjanov, Chief Consultant in the Ministry of Justice's International Department, told poloff that judicial reform in Uzbekistan is proceeding on a step-by-step basis with the goals of ensuring the independence of the courts, defending human rights, and liberalization of the criminal code. He provided updates on the government's signature judicial reform efforts, both of which he said show the country's positive trajectory. -- Legislation implementing the President's decree abolishing the death penalty effective January 1 is under consideration in the Oliy Majlis. Uzbekistan will replace the death penalty with prison terms ranging from 25-years to life. Mamadjanov noted that even many of Uzbekistan's harshest critics had welcomed the decision to end capital punishment and said that the new system will be fully in line with the country's commitment to protect the rights of all people, even those guilty of serious crimes. -- Legislation implementing the transfer of authority to issue arrest warrants is under review in the Cabinet of Ministers and will ensure the right of all individuals to judicial review of their cases. As the system currently is envisioned, Mamadjanov said that as part of its investigation the prosecutor's office will request that a judge will issue a warrant for the arrest of a suspect. The judge will order the person detained, and will then hold a hearing in the presence of the suspect to determine whether the individual should remain in jail or should be released. Mamadjanov said that the judge conducting the arrest hearing will not be allowed to sit on the panel of judges in the individual's trial. ¶3. (C) Comment: Many of Post's Uzbek contacts appear genuinely perplexed that Uzbekistan does not get more credit for its judicial reform efforts. Mamadjanov and other Uzbeks that we have spoken too have portrayed the abolition of the death penalty and the transfer of arrest warrants to the judiciary as major steps forward that should appease even the harshest critic. Unfortunately, they fail to understand that while these steps may be positive from a structural point of view, they mean little in practice without true judicial independence and a commitment to the rule of law. It is clear from Mamadjanov's description, for example, that there is little prospect that the transfer of the arrest warrant power will result in anything more than a judicial rubber stamp. Post is eager to assist the government with its efforts and has offered on several occasions to facilitate discussions or training on judicial reform issues. Unfortunately, at present Uzbekistan's willingness to cooperate is limited to scripted statements only. HANSON