TURKMENISTAN: GTZ REENERGIZES COOPERATION WITH

C O N F I D E N T I A L ASHGABAT 000436 SIPDIS SIPDIS STATE FOR SCA/CEN, EUR/ACE, DRL AID/W FOR EE/AA E.O. 12958: DECL: 04/08/2018 TAGS: PGOV PREL PHUM EAID KDEM GE TX SUBJECT: TURKMENISTAN: GTZ REENERGIZES COOPERATION WITH LEGISLATION PROJECT Classified By: CDA RICHARD E. HOAGLAND: 1.4 (B),(D). ¶1. (C) SUMMARY: After nearly six years, during which its active operations in Turkmenistan were suspended, the German Technical Cooperation agency (GTZ) has returned and will provide assistance on amending current legislation as well as on new draft laws. The first laws to be tackled include the criminal procedure code, correctional (penal) code, administrative law, and a new draft law on the status of lawyers. These laws could build a foundation that promotes the legal rights of criminal defendants and prisoners in Turkmenistan. GTZ is working in cooperation with the Institute for Democracy and Human Rights, whose director, Shirin Ahmedova, headed GTZ' office here for a time in the 1990s. END SUMMARY. ¶2. (SBU) German Technical Cooperation Agency (GTZ) Legal Advisor for Central Asia Lawrence Fara told EmbOff April 8 that GTZ has recently started work in Turkmenistan as part of a regional project designed to amend current law and provide assistance on draft legislation. Fara said the regional project started in 2002, but did not at that time include Turkmenistan. GTZ signed an MOU with the Institute of Democracy and Human Rights (IDHR) in January, and she arrived in country in mid-March to start the project. She said IDHR had asked GTZ to provide assistance during a meeting in September 2007. Fara emphasized that IDHR and MFA (especially Foreign Minister Meredov) are very supportive of GTZ's project. ¶3. (C) Fara said IDHR had given GTZ a long list of legislation the government either wants to amend or draft. She stressed GTZ is interested in being effective. Therefore, while it may view some laws as being more critical than others, it will follow the Government of Turkmenistan's lead. GTZ is starting work on amending the criminal procedure code, correctional (penal) code, and the administrative law. Fara said GTZ would like to address the issue of torture in the correctional code, but will see what is possible. ¶4. (C) GTZ will also start work on a new draft law on the status of lawyers, which will clarify the role, rights, and obligations of lawyers. Currently, lawyers have no definite legal status. Fara said she would like to see the new law allow for defense lawyers to represent clients in court -- a right that does not currently exist. As with other legislation, it will depend on what is possible. ¶5. (C) Fara said she believes GTZ was approached because the organization has a long association with IDHR Director Shirin Ahmedova. She said Ahmedova headed GTZ's office in Turkmenistan for 3-4 years in the late 1990s. GTZ opened an office in Turkmenistan in 1996, but problems started in 2002 and work ceased. Between 2002 and 2008, however, GTZ had a local contact person. ¶6. (SBU) GTZ does not have an office yet, but hopes to find one soon. Fara is currently working out of the Ministry for Environmental Protection. She said office space at the Ministry is not as odd as it seems. When fully up and running, GTZ will also implement in Ashgabat regional projects on the environment (with UNDP) and one on capacity building for adults. ¶7. (C) COMMENT: GTZ's work on criminal and penal codes as well as the status of lawyers could build a foundation that promotes the legal rights of criminal defendants and prisoners in Turkmenistan. This would be a major step forward. END COMMENT. HOAGLAND