KAZAKHSTAN: JUDICIARY SEEKS TO INCREASE COOPERATION WITH

UNCLAS SECTION 01 OF 02 ASTANA 000591

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TAGS: PGOV PREL PHUM EAID SOCI KZ
SUBJECT: KAZAKHSTAN: JUDICIARY SEEKS TO INCREASE COOPERATION WITH
UNITED STATES

ASTANA 00000591 001.2 OF 002



1. SUMMARY: On March 17, visiting USAID Democracy and Governance
Advisor Gavin Helf and other USAID staff met with Abdrashid
Zhukenov, Acting Chairman of the Supreme Court and Chairman of the
Collegium on Criminal Cases, and Ilyas Ispanov, First Deputy
Chairman of the Supreme Court's Administration Committee. The
participants discussed progress on judicial reform in Kazakhstan,
the potential for increased cooperation between the judiciary and
USAID, and the specific needs of Kazakhstan's judiciary. The
Supreme Court officials expressed a keen interest in increasing
cooperation with USAID through additional training activities of
judges and staff as well as public outreach campaigns in the areas
of jury trials and judicial oversight of the pre-trial process. END
SUMMARY.

JUDICIAL REFORM IS PROGRESSING


2. Acting Chairman Zhukenov overviewed the current state of the
judiciary and its progress over the past several years. He stated
that reforms have been gradual but steady. Jury trials were first
introduced in 2007, and crimes that fall under the scope of jury
trials will be expanded in January 2010 to include "especially
dangerous crimes." A one-year pilot program for the establishment
of juvenile courts in Almaty and Astana is likely to be expanded
country wide in 2010. Moreover, a draft law is currently before
Parliament that would provide for the restructuring of the judicial
system, including establishing jury trials in lower courts and
expanding the subject matter jurisdiction of lower courts. The
draft law also expands the jurisdiction of the specialized courts.


3. There have been improvements in the working conditions for the
judiciary. Deputy Administration Committee Chairman Ispanov stated
that a special committee established in 2006 has implemented several
positive reforms. Almost all courts in the country now have their
own facilities and, in 2007, additional facilities designated for
jury trials began to be constructed. Advice and recommendations
from USAID were helpful in the design of new court premises.
Moreover, the salaries of judges were increased 20-60 percent, and
medical and social benefits were also improved.

COURTS MORE TRANSPARENT WITH COURT REPORTING IMPROVEMENTS


4. Acting Chairman Zhukenov expressed appreciation for the support
and assistance the Supreme Court and judiciary received from USAID
based on the current Memorandum of Understanding, and the associated
Kazakhstan Judicial Assistance Project (KJAP). The KJAP focused on
increasing the transparency of the courts through the procurement
and installation of audio/video court reporting equipment, along
with associated training for court staff on the use of such
equipment. USAID provided equipment for six courts, and the
Government of Kazakhstan further expanded the project to an
additional 33 courts. The installation of relevant software and
training by USAID also allowed for greater information sharing and
cooperation among courts. The Supreme Court is now considering
further technological improvements that will allow for remote
testimony, nation-wide training activities, and improving methods
for the protection of witnesses.


5. The KJAP ensures that a complete and accurate record of the
trial exists, thus creating confidence among citizens that their
trials were conducted properly and impartially. Seventy-three
percent of citizens who participated in a recorded trial reported
that they have more trust in courts that use the video recording
equipment than those that do not. Ninety-three percent of all court
staff using the equipment support its use in all courts in
Kazakhstan. Increased confidence and satisfaction was also shown in
the drop in appeal rates for recorded cases, since non-recorded
cases were three times more likely to be appealed.

SUPREME COURT CALLS FOR MORE TRAINING FOR JUDGES


6. Acting Chairman Zhukenov stressed that the continued expansion

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of jury trials in the country required more training programs for
judges. Jury trials will start in district courts where judges and
court staff have no experience in holding such trials. In addition
to training programs for judges, events that bring judges currently
implementing jury trials together with judges that will be doing so
in the coming years would be very beneficial. Ispanov requested
assistance in developing a public information campaign to better
inform citizens about jury trials, including the roles and
responsibilities of juries.

JUDGES NOW RESPONSIBLE FOR ISSUING ARREST WARRANTS


7. Another area of special training needed for the judiciary
involves pre-trial investigations. Beginning in August 2008 with a
change to the Criminal Procedure Law, the courts became responsible
for weighing evidence, ruling on probable cause, and issuing arrest
warrants. Acting Chairman Zhukenov requested a training program for
judges on principles of and control over pre-trial investigations.
Zhukenov believes that the U.S. experience of judicial oversight of
pre-trial matters, such as the issuance of search and arrest
warrants, could be particularly helpful. Ispanov requested
assistance in informing the public of the new systems of judicial
oversight, since most citizens do not know their rights under this
new system. Moreover, the defense bar is also in serious need of
training and assistance in order to prepare to effectively represent
their clients in jury trials. Right now, the quality of the defense
bar is quite low.


8. The Mission also supports judicial reform in Kazakhstan through
Open World, a professional exchange program of the U.S. Congress
that operates in the former Soviet republics and coordinates with
USAID and U.S. Embassy Public Affairs Sections. Since 2008, Embassy
Astana has sent 16 Kazakhstani legal professionals to the United
States through Open World to meet their professional American
counterparts. During their programs in Washington and other U.S.
cities, Kazakhstani Supreme Court judges and officials from the
Prosecutor General's Office and Ministry of Justice have spent 10
days learning about tax law, intellectual property rights, and
international law.


9. COMMENT: USAID is currently developing a judicial reform
program that will respond to a previous request by the Supreme Court
-- training judges in preparation for WTO accession. However,
opportunities exist to provide substantive criminal procedure
training that has very positive implications for human rights
protection. Judicial review of the adequacy of evidence prior to
arrest, a function previously fulfilled by the Procuracy, should
result in a more fair and balanced review of evidence. Current
USAID funding levels will not allow for a comprehensive response to
the Supreme Court's requests, but the Open World Program could
perhaps address those made by Chairman Zhukenov in paras 5 and 6
above: bring Kazakhstani judges who will be implementing jury trials
into contact with American judges currently doing so, and bring
Kazakhstani judges to meet with U.S. counterparts on the principles
of and control over pretrial investigations. The European Union is
preparing a major program to support the defense bar. END COMMENT.

HOAGLAND