Even the best functioning courts, without effective mechanisms for ensuring compliance with their decisions, are in effect perceived as weak institutions, leading to an erosion of public confidence in the rule of law as a whole.
Among the least developed economies in Asia, Kyrgyzstan has been hampered by weak state institutions and a security environment that is not immune to ethnic tensions and social unrest. The judiciary, which had been hindered by political influence and corruption, is now undergoing a process of modernization, supported by IDLO.
By Michel Nussbaumer, Director, Legal Transition Team, European Bank for Reconstruction and Development and Margarita Milikh, Regional Program Manager, Eastern Europe and Central Asia, International Development Law Organization. This piece originally appeared in the ALIFDO Gazette Winter 2018 Edition.
In what was once a distant connection, journalists and members of the judiciary in Kyrgyzstan are strengthening ties under IDLO’s project funded by USAID aiming to build public trust.
The Supreme Court of the Kyrgyz Republic is now publicizing incidents of alleged out-of-process interferences in judicial activities online. The initiative represents an important measure in the context of the judiciary’s broader efforts to increase transparency and inform the public, and also works to prevent any undue influence or pressure on judges.
As with many emerging economies, non-enforcement of court decisions in the Kyrgyz Republic remains a challenge.
Kyrgyzstan’s new Criminal Code and Criminal Procedure Code are set to enter into force on January 1, 2019, with the aim of improving the system of law enforcement in the country. Specifically, the new Criminal Code seeks to reform criminal law, procedure and types of criminal punishment, promote the integration of the Code into security measures, institute probation, introduce mediation in criminal matters, and support new mechanisms and approaches for the social integration of persons convicted of criminal wrongdoing.
Kyrgyzstan’s Ministry of Education has endorsed IDLO-supported mock court courses, expanding the pioneering curricula to law schools throughout the country.