KAZAKHSTAN: NEW SUPREME COURT CHAIRMAN TALKS JUSTICE WITH

UNCLAS SECTION 01 OF 02 ASTANA 000629 SIPDIS STATE FOR SCA/CEN, EUR/ACE, F, SCA/PPD, DRL STATE PLEASE PASS TO USAID E.O. 12958: N/A TAGS: PGOV PREL PHUM EAID SOCI KZ SUBJECT: KAZAKHSTAN: NEW SUPREME COURT CHAIRMAN TALKS JUSTICE WITH JUDGE PAUL MAGNUSON ASTANA 00000629 001.2 OF 002 ¶1. SUMMARY: On April 7, the newly appointed Chairman of the Supreme Court of Kazakhstan, Musabek Alimbekov, met with Paul Magnuson, Judge of the U.S. District Court for the District of Minnesota. Alimbekov stated that the judiciary in Kazakhstan is independent, and is implementing reforms consistent with European standards as part of President Nazarbayey's "Path to Europe" program. Cooperation between the Kazakhstan Union of Judges and the International Association of Judges is clearly an important issue for the Supreme Court and Kazakhstani judiciary as they seek international assistance and professional development. END SUMMARY. NEW SUPREME COURT CHAIRMAN MUSABEK ALIMBEKOV ¶2. In addition to Alimbekov, representatives of the Kazakhstani judiciary present at the meeting included Anatoliy Smolin, Chair of the Supervisory Division of the Supreme Court; Aueznur Kazhenov, Judge of the Supreme Court and Chair of the Union of Judges; and Abdrashit Zhukenov, Chair of Criminal Division of the Supreme Court. Alimbekov, just appointed as the new Supreme Court Chairman, is a career judge with almost 30 years of experience, most recently as Chairman of the Civil Division of the Supreme Court. Prior to his first Supreme Court appointment in 2006, Alimbekov served exclusively in the south of Kazakhstan, in the Zhambyl and South Kazakhstan oblasts, as well as in the Almaty City Court. While business-like and to the point, he also appeared open and at-ease in his new position. ¶3. Similar to his predecessor, Kairat Mami, Alimbekov has been a strong supporter of USAID judicial reform assistance. In September 2006, during an event demonstrating a USAID-supported video court reporting project in Almaty, Alimbekov met then-Ambassador Ordway and spoke about the importance of the new court reporting system and the ongoing and productive cooperation between the United States and Kazakhstan. In 2005, Alimbekov was the first judge to support the implementation of the video court recording project, and his support and approval at the time was critical to the program's ultimate success. "OUR JUDICIARY IS INDEPENDENT" ¶4. Alimbekov welcomed Judge Magnuson as a "guest and friend," presenting him with a replica of the magnificent new Supreme Court building in Astana. Alimbekov described the structure of the judiciary, noting that original jurisdiction in all cases now rests with district courts, while oblast courts serve as appellate courts. The Supreme Court only hears appeals from the oblast courts in exceptional circumstances. Approximately 2500 judges serve the 322 district courts, 18 oblast-level courts, and the Supreme Court. ¶5. Alimbekov maintained that "the judiciary is independent," and described the selection procedure for judges. According to Alimbekov, qualified judicial candidates may submit their candidacies to the Supreme Judicial Council (SJC),the body charged with selecting judges to fill vacancies, which then recommends and refers candidates for approval to Parliament, which then submits the candidates for final approval to the President. The SJC includes representatives from the judiciary, executive, and legislative branches, as well as from the public. Alimbekov stated that the selection procedure is designed to serve the "principles of democracy and transparency." He said that these reforms are also consistent with President Nazarbayev's "Path to Europe" Program. KAZAKHSTANI JUDICIARY READY FOR INTERNATIONAL COOPERATION ¶6. Judge Magnuson, in Kazakhstan through support from the Open World Program to assess the country's progress on judicial reform, promoted the professional exchanges that Open World organizes in the former Soviet Union. He stated that programs for the judiciary are designed to reach the younger generation of judges -- the future leadership of the judiciary. He said that the program offers the opportunity for these young judges to see U.S. courts in action and meet and discuss issues related to the judiciary with American ASTANA 00000629 002.2 OF 002 peers. ¶7. Judge Magnuson also discussed issues related to the cooperation of the Kazakhstani Union of Judges with the International Association of Judges (IAJ). Alimbekov and the Kazakhstani judiciary are clearly interested in expanding their relationship with the IAJ, and Magnuson used his visit to further review and discuss the potential membership of the Kazakhstani Union of Judges in the IAJ. ¶8. COMMENT: Alimbekov's appointment to the Chairmanship of the Supreme Court should bode well for judicial reform, and cooperation with U.S. assistance programs. Moreover, the appointment of his predecessor, Kairat Mami, another proponent of reform and supporter of USAID, to the post of Procurator General may open opportunities for cooperation in the reform of that institution. However, current USAID funding for rule-of-law programming in Kazakhstan is not sufficient for a robust response to these opportunities. END COMMENT. HOAGLAND