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Integrity Scorecard

2008 Assessment

Kyrgyz Republic: Integrity Indicators Scorecard

Kyrgyz Republic: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
77	Is there an appeals mechanism for challenging criminal judgments?	83
78	Do judgments in the criminal system follow written law?	50
79	Are judicial decisions enforced by the state?	50
80	Is the judiciary able to act independently?	56
81	Are judges safe when adjudicating corruption cases?	100
82	Do citizens have equal access to the justice system?	86

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

77a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: The Constitution, Articles 14 and 15.

77b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments:

References: Confidential source (a legal expert).

Peer Review Comments: ABA, CEELI and the OSCE resources on rule of law and judicial reform may be useful in assessing the justice sector.

77c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments:

References: Confidential source (a legal expert).

Do judgments in the criminal system follow written law?

78: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments:

References: Confidential source (a legal expert).

Are judicial decisions enforced by the state?

79: In practice, are judicial decisions enforced by the state?

Score:

100

Comments: There are marshals of the court, but they are not very effective. Kyrgyz courts have no sergeants who can enforce a court's decision. Usually police officers are used to help the marshals, but that is not legal, in fact. The sergeants will be introduced soon as it is clear from the speech of the head of state.

References: Speech of President K. Bakiev at the Sixth Judges Conference, April 25, 2008. Confidential source (a legal expert).

Is the judiciary able to act independently?

80a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: The Constitution, Article 83.

80b: In practice, national-level judges are protected from political interference.

Score:

100

Comments: National-level judges are commonly influenced by politics and personal biases or incentives.

References: A confidential source (a legal expert).

Peer Review Comments: There are some structural safeguards in place to support judicial independence.

80c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments: The chairmen and the deputy chairman of the Supreme Court distribute cases among judges according to the law. The process is rather subjective since there is no legal procedure for it.

References: The Law on the Supreme Court, Articles 20 and 21.

80d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: The Constitution, Article 83.

Are judges safe when adjudicating corruption cases?

81a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: American Bar Association , ABA/CEEL, Judicial Reform Index, 2004.

Confidential source.

81b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: American Bar Association , ABA/CEEL, Judicial Reform Index, 2004.

Confidential source.

Do citizens have equal access to the justice system?

82a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments:

References: A confidential source (a legal expert).

82b: In practice, women have full access to the judicial system.

Score:

100

Comments: Although there is no specific gender biases, the situation with bride kidnapping is still worrying. Some estimates of bride kidnapping rates in Kyrgyzstan put the figure at about 30 percent of all marriages. In the most cases, neither the kidnapped girls nor their parents appeal to the courts.

References: International Journal of Central Asian Studies, Vol. 8, 2003. Confidential source ( a legal expert).

82c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments: According to the law, the state provides legal aid and protection free of charge if the citizen has no means to pay for it.

References: The Law on Lawyers' Activities, March 24, 2004, No. 47, Articles 6 and 26.

82d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: State-provided legal aid is available, but flawed. There are cases of "pocket" lawyers who come to police stations just to sign papers.

References: Report at a round table, Zarina Saifudinova, June 18, 2008. Aziza Abdrasulova: In Kyrgyzstan, 95 Percent of Deferred Have No lawyers. [ LINK ]

Confidential source (a legal expert).

Peer Review Comments: As another reference, the ABA and CEELI's Legal Profession Reform Index for Kyrgyzstan assesses the legal profession, including legal aid and assistance-related issues.

82e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: Sometimes judges can refuse a grievance because a plaintiff did not pay state dues. Now there is a draft law which allows a court to consider a claim before the state dues is paid.

References: A speech of President K. Bakiev at the Sixth Conference of Judges, April 25, 2008. Confidential source (a legal expert).

82f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments:

References: A confidential source (legal expert).

82g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments: Courtrooms are always accessible to citizens.

References: A confidential source (legal expert).