Identifier
Created
Classification
Origin
08TASHKENT938
2008-08-13 05:29:00
UNCLASSIFIED
Embassy Tashkent
Cable title:
UZBEKISTAN: PRESIDENTIAL RESOLUTION ESTABLISHES
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UNCLAS SECTION 01 OF 02 TASHKENT 000938
SIPDIS
DEPT FOR INL ANDREW BUHLER
DEPT OF JUSTICE FOR OPDAT CATHERINE NEWCOMBE
E.O. 12958: N/A
TAGS: PGOV PREL KCRM PHUM UZ
SUBJECT: UZBEKISTAN: PRESIDENTIAL RESOLUTION ESTABLISHES
JUDICIAL RESEARCH CENTER
UNCLAS SECTION 01 OF 02 TASHKENT 000938
SIPDIS
DEPT FOR INL ANDREW BUHLER
DEPT OF JUSTICE FOR OPDAT CATHERINE NEWCOMBE
E.O. 12958: N/A
TAGS: PGOV PREL KCRM PHUM UZ
SUBJECT: UZBEKISTAN: PRESIDENTIAL RESOLUTION ESTABLISHES
JUDICIAL RESEARCH CENTER
1. (U) Summary: On June 23 President Karimov issued the
latest in a series of decrees on legal reform initiatives,
this one establishing a research center in the Supreme Court
and promoting the "independence of the judicial system." The
resolution envisions the new judicial research center will
lead to "further liberalization and improvement in the
justice system" and also calls for "widening cooperation"
with international and foreign organizations. The lofty
goals of the resolution look great on paper, but the real
significance is that the resolution sends another message at
home and abroad that Uzbekistan is open to legal reform. We
will look for opportunities to help realize the goals stated
in the resolution and expect that it will boost our chances
of conducting meaningful rule of law programs. End summary.
Watershed Moments Keep Coming
--------------
2. (U) On June 23 President Karimov issued his latest
blockbuster resolution on legal reform, this one entitled "On
Establishing the Research Center for Democratization and
Liberalization of Judicial Legislation and Providing for the
Independence of the Judicial System." The document begins by
recounting related milestones in 2008, including the habeas
corpus law, abolition of the death penalty, and a decree on
reforming the Uzbek Bar Association. (Note: Uzbekistan has
been very legislatively active this year, and other notable
developments included the passage of the country's first
comprehensive anti-trafficking in persons law, adoption of
two ILO Conventions, ratification of the UN TIP Protocol, and
a decree highlighting the 60th anniversary of the
International Declaration of Human Rights. End note.)
Goals of the New Research Center
--------------
3. (U) The government press release explains that
establishing a research center "is a continuation of the deep
democratic reforms in the judicial system in Uzbekistan," and
is aimed at enhancing "the authority of the court, its
independence, the effectiveness of the court's activity on
providing for the rule of law, and ensuring the reliable
protection of human rights and interests." The research
center will be a functional body within the Supreme Court and
will be directly accountable to Chairman of the Supreme Court
Buritosh Mustafaev. (Note: Curiously, there already is a
Research Consultative Board within the Supreme Court and it
is unclear whether the mandates of the two entities overlap.
Nearly two months have elapsed since the resolution but thus
far there is no activity to report. End note.)
Auspicious Sign for NGOs?
--------------
4. (U) Karimov's resolution also tasks the new judicial
research center with "elaborating and carrying out programs
on thorough study and implementation of the universal
principles and norms of international judicial law in to the
national legislation" as well as "widening cooperation with
international and foreign organizations in the sphere of
justice." The resolution further adds that this will "allow
benchmarking of the best practices of developed countries."
This language appears to open the door for greater NGO
involvement in legal reform issues, which is consistent with
hints government officials have made throughout the year.
Comment:
--------------
5. (U) The language of this Presidential Resolution is vague
but certainly welcome, and it builds on the recent signals to
TASHKENT 00000938 002 OF 002
domestic stakeholders and international observers alike that
Karimov is serious about stepping up the pace of legal
reforms. We believe he wants to strengthen legal
institutions as a legacy, and such reforms represent
low-hanging fruit on human rights progress and do not pose
risks of destabilization. We are testing this message by
attempting to secure permission for the American Bar
Association - Rule of Law Initiative to resume work in
Uzbekistan, which should help us determine whether these
decrees and resolutions are really substantive or just talk.
BUTCHER
SIPDIS
DEPT FOR INL ANDREW BUHLER
DEPT OF JUSTICE FOR OPDAT CATHERINE NEWCOMBE
E.O. 12958: N/A
TAGS: PGOV PREL KCRM PHUM UZ
SUBJECT: UZBEKISTAN: PRESIDENTIAL RESOLUTION ESTABLISHES
JUDICIAL RESEARCH CENTER
1. (U) Summary: On June 23 President Karimov issued the
latest in a series of decrees on legal reform initiatives,
this one establishing a research center in the Supreme Court
and promoting the "independence of the judicial system." The
resolution envisions the new judicial research center will
lead to "further liberalization and improvement in the
justice system" and also calls for "widening cooperation"
with international and foreign organizations. The lofty
goals of the resolution look great on paper, but the real
significance is that the resolution sends another message at
home and abroad that Uzbekistan is open to legal reform. We
will look for opportunities to help realize the goals stated
in the resolution and expect that it will boost our chances
of conducting meaningful rule of law programs. End summary.
Watershed Moments Keep Coming
--------------
2. (U) On June 23 President Karimov issued his latest
blockbuster resolution on legal reform, this one entitled "On
Establishing the Research Center for Democratization and
Liberalization of Judicial Legislation and Providing for the
Independence of the Judicial System." The document begins by
recounting related milestones in 2008, including the habeas
corpus law, abolition of the death penalty, and a decree on
reforming the Uzbek Bar Association. (Note: Uzbekistan has
been very legislatively active this year, and other notable
developments included the passage of the country's first
comprehensive anti-trafficking in persons law, adoption of
two ILO Conventions, ratification of the UN TIP Protocol, and
a decree highlighting the 60th anniversary of the
International Declaration of Human Rights. End note.)
Goals of the New Research Center
--------------
3. (U) The government press release explains that
establishing a research center "is a continuation of the deep
democratic reforms in the judicial system in Uzbekistan," and
is aimed at enhancing "the authority of the court, its
independence, the effectiveness of the court's activity on
providing for the rule of law, and ensuring the reliable
protection of human rights and interests." The research
center will be a functional body within the Supreme Court and
will be directly accountable to Chairman of the Supreme Court
Buritosh Mustafaev. (Note: Curiously, there already is a
Research Consultative Board within the Supreme Court and it
is unclear whether the mandates of the two entities overlap.
Nearly two months have elapsed since the resolution but thus
far there is no activity to report. End note.)
Auspicious Sign for NGOs?
--------------
4. (U) Karimov's resolution also tasks the new judicial
research center with "elaborating and carrying out programs
on thorough study and implementation of the universal
principles and norms of international judicial law in to the
national legislation" as well as "widening cooperation with
international and foreign organizations in the sphere of
justice." The resolution further adds that this will "allow
benchmarking of the best practices of developed countries."
This language appears to open the door for greater NGO
involvement in legal reform issues, which is consistent with
hints government officials have made throughout the year.
Comment:
--------------
5. (U) The language of this Presidential Resolution is vague
but certainly welcome, and it builds on the recent signals to
TASHKENT 00000938 002 OF 002
domestic stakeholders and international observers alike that
Karimov is serious about stepping up the pace of legal
reforms. We believe he wants to strengthen legal
institutions as a legacy, and such reforms represent
low-hanging fruit on human rights progress and do not pose
risks of destabilization. We are testing this message by
attempting to secure permission for the American Bar
Association - Rule of Law Initiative to resume work in
Uzbekistan, which should help us determine whether these
decrees and resolutions are really substantive or just talk.
BUTCHER