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2007 Assessment

Tajikistan: Integrity Indicators Scorecard

Tajikistan: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	50
34	Can members of the judiciary be held accountable for their actions?	50
35	Are there regulations governing conflicts of interest for the national-level judiciary?	0
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments: The president submits judicial candidates to the parliament.

References: Constitution of the Republic of Tajikistan, Article 69 (8)

Peer Review Comments: judges are selected by judicial council which is part of the executive.

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments: The first source originates from the governmental office. It discusses Rahmonov's meeting with judges who were newly appointed by him. It says that with the suggestion of a Justice Council, and according to the recommendations and orders of the president, judgeships would be available to those who had had solid experience working in the upper positions of the judicial system. During their years of work with professional judges, these candidates were gaining experience.

The second source says that in recent years (though now the situation is a little better) regionalism also played an important role. Most of the appointees made up an "invasion" of half-educated Kulyabi and some allegedly even bought their judicial diploma. Some of these people belonged to the president's family, or were from his own district.

References: Press release, June 2, 2006 [ LINK ]

Ms. Mohira Usmanova, Lawyer, Council of Lawyers of Sughd Area, July 16, 2007, Khujand

Peer Review Comments: [ LINK ]

[ LINK ]

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: Constitution of the Republic of Tajikistan, Article 69 (8)

Peer Review Comments: if its high level judges (supreme court, constitutional court), the proposals made by president and parliament confirms for the rest not.

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

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments: This article states that everybody is guaranteed judicial protection, and that everyone has a right to request a independent, competent and objective trial.

References: Constitution of the Republic of Tajikistan, Article 19 [ LINK ]

Peer Review Comments: Judges are obliged by the consitution to rule based on the law but in fact do not give reasons for their ruling. Their is no transparent record of judgements

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: In practice, the national-level judiciary gives explanations to its decisions, though in some cases they are politically motivated.

References: Press release, SNGNews, 2006, Supreme Court of Tajikistan Confesses Actions of Central Election Committee Were Legal [ LINK ]

Peer Review Comments: there is little judicial transparency especially considering judgments

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: The president appoints and dismisses the judges after the names of candidates are submitted by a Council of Justice.

Judges benefit from immunity as well.

References: The Council of Justice see Constitution of the Republic of Tajikistan, Article 86 & 91 [ LINK ]

Peer Review Comments: There are procedures for disciplining judges, though (to my knowledge) no special body exists. Immunity can be lifted by the President and charges can be filed by the Prosecutor General.

[ LINK ] (page 16)

Peer Review Comments: the Council of Justice is a disciplinary agency through peer review

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments: Judges cannot be members of a political party. But apart from this the executive exercises control over the council.

References: Constitution of the Republic of Tajikistan, Article 90 [ LINK ]

Peer Review Comments: The president (at his sole discretion) can lift the immunity of a judge below the level of the Constitutional or Supreme Courts

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

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

Comments: According to the first source, there is already a trial taking place in the case of General Mirzoev, a former friend of the president and one of the first officials of the state. This case was initiated by the General Prosecutor.

In most cases all investigations are conducted by prosecutors or police. When the investigation is completed, the case is passed on to the court. The Council is very limited in its effectiveness.

References: Article, SNGNews, Jan. 17, 2006, The Head of the Supreme Court Informed about the Reasons of the Close Trial Process over Mirzoev [ LINK ]

Ms Mohira Usmanova, Lawyer, Council of Lawyers of Sughd Province, July 16, 2007, Khujand

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

In most cases all investigations are conducted by prosecutors or police. When the investigation is completed, the case is passed on to the court. The Council itself is very limited in its effectiveness.

References: Article, SNGNews, Jan. 17, 2006, The Head of the Supreme Court Informed about the Reasons of the Closed Trial Process over Mirzoev, [ LINK ]

Ms. Mohira Usmanova, Lawyer, Council of Lawyers of Sughd Province, July 16, 2007, Khujand

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

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: No information has been found regarding this question.

Peer Review Comments: see previous comments on asset disclosure

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: No laws regarding these regulations have been found.

Peer Review Comments: No specific seprate law and no specific rules, only general ones that I've mentioned earlier, e.g. within the law on corruption

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: No laws regarding these regulations have been found.

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments:

References: No laws regarding these restrictions have been found.

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments:

References: No information regarding these regulations has been found.

Peer Review Comments: The majority of judges safely work in courts or on other posts in the governmental structures. Basically members of their families are engaged in private business.

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments:

References: No laws regarding these regulations have been found.

Peer Review Comments: Yes, AC;L8 accept gifts, but through intermediaries as whom can act for example - lawyers of the party of protection against charge

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments:

References: No information regarding these audits has been found.

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

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments: The Law on Information discusses the rights of citizens to appeal against refusals by officials, the government and others to provide information. Citizens can bring their appeals to the court, but the law does not say if the court itself can provide citizens with information.

References: Law on Information, Articles 31 & 38 [ LINK ]

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: No information regarding this issue has been found.

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: No information regarding this has been found.