Identifier
Created
Classification
Origin
09ASTANA629
2009-04-13 11:38:00
UNCLASSIFIED
Embassy Astana
Cable title:  

KAZAKHSTAN: NEW SUPREME COURT CHAIRMAN TALKS JUSTICE WITH

Tags:  PGOV PREL PHUM EAID SOCI KZ 
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UNCLAS SECTION 01 OF 02 ASTANA 000629 

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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


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