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2008 Assessment

Kyrgyz Republic: Integrity Indicators Scorecard

Kyrgyz Republic: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
36	Are judges appointed fairly?	83
37	Can members of the judiciary be held accountable for their actions?	63
38	Are there regulations governing conflicts of interest for the national-level judiciary?	29
39	Can citizens access the asset disclosure records of members of the national-level judiciary?	100

Indicator and sub-Indicator Details

Are judges appointed fairly?

36a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments: National-level judges have to be appointed by the parliament upon proposal of the President.

References: The Constitution, Articles 46 and 83.

36b: In practice, professional criteria are followed in selecting national-level judges.

Score:

100

Comments: High-level judges are selected in some cases purely on basis of political loyalty.

References: The Legal Profession Reform Index for Kyrgyzstan, American Bar Association. Kyrgyzstan: The Challenge of Judicial Reform, Asia Report, No. 150, International Crisis Group Report, April 10, 2008. [ LINK ]

36c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments: National-level judicial nominees have to be selected by the National Council, which consists of representatives of all branches of power.

References: The Law on the National Council on Justice Affairs, August 20, 2007, No. 155, the Constitution, Article 46.

Can members of the judiciary be held accountable for their actions?

37a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: Judges have to announce their decision at the court's session, but they can announce only the concluding part.

References: The Rules of the Supreme Court, approved by the Plenum of the Supreme Court, October 22, 2004, No. 9, Article 4.

37b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: Military courts are not transparent to the public. Recently, three security-service officers were given a verdict of guilty by the Bishkek military court. However, according to their lawyers, the charge was based on open materials published on the Internet.

References: The Military Court of Kyrgyzstan has started a consideration of an appeal of security officers condemned for high treason. [ LINK ]

American Bar Association, Judicial Reform Index for Kyrgyzstan, June 2003.

37c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: There is a disciplinary commission for judges.

References: The Law on Status of Judges, March 30, 2001, No. 35, Article 9.

President's Decree on Qualification on the Collegiums of Judges, December 19, 2003, No. 414.

37d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

References: Regulation on Qualification of the Collegiums of Judges, approved by President's Decree, June 8, 2005, No. 223.

37e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. 50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. 0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments: "Judges are good at defending themselves, but they are not good at punishing themselves, " per an interview to the International Crisis Group by a leading lawyer.

References: Kyrgyzstan: The Challenge of Judicial Reform Crisis Group, Asia Report, No. 150, April 10, 2008. [ LINK ]

37f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: The Judicial Disciplinary Commission does not effectively penalize offenders.

References: Kyrgyzstan: The Challenge of Judicial Reform Crisis Group, Asia Report, No. 150, April 10, 2008. [ LINK ]

American Bar Association, Judicial Reform Index for Kyrgyzstan, June 2003.

Are there regulations governing conflicts of interest for the national-level judiciary?

38a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: The Law on Declaring Information on Income and Assets, Liabilities and Property of Political and Other Special State Appointees and Their Immediate Family Members, August 7, 2004, No. 108, Article 1.

38b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments: According to the code, judges have to fight corruption, but there is no specification of what corruption is.

References: The code of the Kyrgyz Republic's Judge's Dignity, approved by the Fifth Conference of Kyrgyz Republic's Judges, June 8, 2006, Article 2.

38c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments: The law on declaring income and assets stipulates that the agency of Civil Service Affairs, as a body, is responsible for checking the declarations of civil servants, including high officials, but not auditing. This is not an independent body because the head of the agency is a presidential appointee. The agency shall examine the data presented in declaration, but there is no procedure for doing so, and the agency's staff members are not certified auditors or appraisers.

References: The law on Declaring Information on Income and Assets, Liabilities and Property of Political and Other Special State Appointees and Their Immediate Family Members, June 30, 2004, Article 6.

38d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national-level judges\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: There is no restriction for judges to enter a private-sector position. According to Code of Dignity, judges should abstain from financial and business ties that can call into question their impartiality or affect execution of their professional duties. These rules apply to retired judges as well.

References: Code of the Kyrgyz Republic's Judge's Dignity, approved by Fifth Conference of Kyrgyz Republic's Judges, June 8, 2006, Article 6.

38e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments: Cooling off periods are non-existent. For example, a former Chairman of The Supreme Court said that she used to be a private entrepreneur after dismissal in 2005.

References: Major of Kyrgyzstan's capital city, appointed a former Chairman of the Supreme Court as an adviser. 09/09/2008, 24.kg News Agency. [ LINK ]

38f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments: Not a single court case is decided in Osh without money. We, the lawyers, have turned into middlemen; we only take bribes to the judges from our client, said a lawyer from the provincial Osh city in his interview.

References: Kyrgyzstan: The Challenge of Judicial Reform Crisis Group, Asia Report, No. 150, April 10, 2008. [ LINK ]

Monitoring of National Actions to Implement Recommendations Endorsed During the Reviews of Legal and Institutional Frameworks for the Fight against Corruption, adopted at the 7th Monitoring Meeting.

Meeting of the Istanbul Anti-Corruption Action Plan on September 27, 2007, at the OECD Headquarters in Paris.

38g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments: National-level judiciary asset disclosures are not audited.

References: Monitoring of National Actions to Implement Recommendations Endorsed During the Reviews of Legal and Institutional Frameworks for the Fight against Corruption, adopted at the 7th Monitoring Meeting of the Istanbul Anti-Corruption Action Plan on September 27, 2007, at the OECD Headquarters in Paris.

Can citizens access the asset disclosure records of members of the national-level judiciary?

39a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments: Records are available online.

39b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments: Records are available online

References: [ LINK ] [ LINK ])=1251

Peer Review Comments: The reference www.24.kg is not a purely neutral source, however, the analysis of access to judicial asset disclosures is correct.

39c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments: Records can be obtained online.

References: [ LINK ] [ LINK ])=1251

Peer Review Comments: www.24.kg and www.akipress.kg have their limits when it comes to factual information.