TAJIKISTAN: INL JUSTICE SECTOR PROGRAM SUMMARY

UNCLAS SECTION 01 OF 02 DUSHANBE 001168 SIPDIS DEPT FOR SCA/CEN (HUSHEK) DEPT FOR EUR/ACE TEFFT AND RUTLEDGE INL/AAE (BUHLER) JUSTICE FOR DUCOT AND NEWCOMBE E.O. 12958: N/A TAGS: SNAR KCRM KJUS PGOV TI SUBJECT: TAJIKISTAN: INL JUSTICE SECTOR PROGRAM SUMMARY DUSHANBE 00001168 001.2 OF 002 ¶1. Summary: The U.S. Embassy Dushanbe International Narcotics and Law Enforcement (INL) office justice sector program aids in the development of a well-functioning justice system. The INL program supports: --the drafting of a modern criminal procedure code (CPC), adopted 10/14 by Tajikistan's lower house of Parliament, and training in adversarial law procedures; --better dissemination among the bar of amendments to laws, court decisions, and other legal technical materials; --the study of secular legal processes in the Islamic Institute; --grants to NGOs to help reform the justice sector and to provide legal services to poor people; --Tajikistan's fledging Ombudsman institution; --international law courses for lawyers in the Ministry of Justice; --support for the prosecutor's office; --exchange programs for graduate legal study. End summary. ¶2. Modern criminal procedure code and training in adversarial procedures. In March and April of 2009, the American Bar Association, Rule of Law Initiative (ABA-ROLI),arranged roundtable discussions on the draft CPC for members of the parliament, judges, advocates, NGOs, and professors in March/April 2009 The conversations at this roundtable set the stage for the introduction of the draft CPC in parliament not long after the roundtable. The lower house of parliament adopted the draft CPC on October 14 and the upper house is reportedly slated to consider it in December. In addition, INL funds support ABA-ROLI's programs to enhance protection of the rights of criminal defendants by developing trial advocacy skills through practical in-service training courses. An ABA-ROLI developed trial advocacy skills course is now a part of the curriculum of the Tajik National University. ¶3. Dissemination of legal materials. In July 2008, Supported by INL funds, ABA-ROLI started three Legal Research Support Centers (two in Dushanbe and one in Khojand) that make available critical information concerning changes in laws, court procedures, and decisions. Practicing professionals and members of the public have accessed the computerized systems more than 5,200 times. Usage among practitioners is growing quickly. ¶4. Including secular law in the Islamic University. INL-funded projects supported three discussion club meetings for students from Tajik State University and the Islamic Institute on the topics of Right to Life, Public Legal Literacy, and the Right to Education. ABA-ROLI continues to work with the Islamic Institute on including secular law subjects in the Institute's curriculum and library. ¶5. Justice Sector Reform NGO Grants Program. INL Dushanbe in 2008 issued eight grants totaling $300,000 to Tajik NGOs to carry out programs in court monitoring, legal aid to indigents, legal education, legal representation of minors, and third party arbitration. Monitoring reveals good success in the court monitoring area and useful support to nascent civil society. Presently INL is working with the Embassy's Development Assistance Working Group to develop a new 2010 Justice Sector Reform Grants Program. We support seven legal clinics for poor persons, four located in Dushanbe and three in the Rasht Valley. These clinics help poor Tajiks solve critical day-to-day problems by sorting out complicated administrative matters (e.g., disability status). ¶6. Ombudsman Institution Support. INL will provide training opportunities for Ombudsman's staff in 2010. To help facilitate training courses, INL will purchase furniture for use in an empty conference hall in the Ombudsman's office. ¶7. International Law Courses for Tajik government lawyers. Legal EINL and the Helsinki Institute in Warsaw have developed an international law training program for Tajik government lawyers. Sixty lawyers will be sent to Warsaw for a week-long course. There will be three sessions of 20 lawyers each beginning in February 2010. There will also be a DUSHANBE 00001168 002.2 OF 002 "train-the-trainers" component, where Helsinki Watch personnel will come to Tajikistan to help Tajik professors and lawyers prepare to teach international law courses in Tajikistan. ¶8. Support for the Prosecutor's office. INL is overseeing renovation of the Prosecutor's Training Center that is used for skills upgrades and refresher courses. In addition, selected Tajik prosecutors will attend classes at the Danish prosecutorial academy. ¶9. Legal Exchange and Education Program (LEEP). Beginning in Fall 2010, the American Bar Association will provide a group of key legal professionals with the opportunity to earn a graduate degree in law in the United States. This includes a critical and comparative examination of the U.S. and Tajik justice systems. It will give LEEP participants the opportunity to form lasting relationships with their professional counter-parts in the United States. ¶10. Comment: Coherent development of the Tajik justice sector requires calibrated support to governmental, educational, professional and civil society institutions. The Embassy Dushanbe INL program uses a wide variety of USG programming to address these needs creatively. End comment. GROSS