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Kyrgyzstan

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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.

Bailiff Service Capacity Building in Kyrgyzstan

The Court Department under the Supreme Court of the Kyrgyz Republic currently lacks a managerial and institutional strategy necessary to address increasing commercial litigation turnover and legal preparedness among bailiffs, which undermines the credibility and functionality of the judicial system. Despite the progress achieved by the judicial system in improving its commercial law capacity, enforcement of judicial decisions remains a hindrance to an effective commercial dispute resolution framework.

Supporting Public Outreach Capacity of the Judiciary and Engaging with the Public

The Kyrgyz judiciary is not favorably viewed by the public and, at the same time, the public is not well-informed about the functions and duties of the courts. To assist the judiciary in strengthening communications with the public, IDLO under the USAID-IDLO Judicial Strengthening Program, has been providing assistance in the development of a communications strategy for the judiciary and training of new press secretaries of local courts taking up their duties for the first time in the history of the Kyrgyz Republic.

Reforming the Kyrgyz Judiciary

IDLO has been working with the Kyrgyz Judiciary to support the establishment of a functional, credible and transparent legal system, since the adoption of the 2010 Constitution. Despite many positive developments, the rule of law sector has faced a number of problems – chief among them inadequate financing, which risks undermining judicial independence and makes access to justice a challenge, as well as transparency and accountability.

Technical Support and Cooperation with the General Procuracy

Funding and spending patterns of the General Procuracy of the Kyrgyz Republic (GP) have remained relatively invariable since Kyrgyzstan became an independent state in 1991. Stagnant funding has had negative implications for the GP, and the Prosecutors’ Training Center (PTC) requires support to train and retrain prosecutors in accordance with changing Kyrgyz legislation and international human rights standards. Additionally, gender inequalities within the GP remain a significant challenge.

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Key Initiatives

  • The Court Department under the Supreme Court of the Kyrgyz Republic currently lacks a managerial and institutional strategy necessary to address increasing commercial litigation turnover and legal preparedness among bailiffs, which undermines the credibility and functionality of the judicial system. Despite the progress achieved by the judicial system in improving its commercial law capacity, enforcement of judicial decisions remains a hindrance to an effective commercial dispute resolution framework.
  • Alternative dispute resolution (ADR), and in particular mediation, is well established in developed economies and becoming increasingly popular in transition countries. For any court system, mediation can substantially reduce caseload burdens, improve clearance rates, and raise efficiency in the administration of justice.
  • As in many transition countries, non-enforcement of court decisions in the Kyrgyz Republic remains a key obstacle to investor confidence. Litigants and lawyers attest to lengthy delays and a large number of unenforced judgments and debtors who hide assets and evade court orders. The Court Department, which is responsible for supervising the work of enforcement agents, conducts its own ad hoc training in cooperation with other government agencies and departments. However, it does not currently offer a systemic training program. 
  • The Kyrgyz Republic has made significant strides in working toward improvements to a justice system shaken to the core following the 2010 Revolution. While a wholesale reselection process of judges changed the landscape and provided hope for real change, it also created a judiciary staffed with many inexperienced, under-skilled first-time judges who are more easily exposed to negative influences - both perceived and real. Consequently, the public mistrusts the judiciary and holds a negative perception of it being corrupt, inefficient and dependent on other branches of government.
  • 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.
  • 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.
  • Until recently, court processes in the Kyrgyz Republic have not been automated. Manual or paper systems still are required and are the norm although automating all processes has started very actively. According the country’s National Target Program for Development of the Judiciary, automated information systems need to be expanded and rolled out to the whole judicial system, not only within all first instance courts, but also second and third instance courts.
  • In recent years, the Kyrgyz Republic has adopted a new Criminal Code and reformed the Criminal Procedure Code with the stated aim to humanize the system of law enforcement in the country. The new Codes were developed by a group of dedicated technical experts that have subsequently supported the development of a training program aimed at building the capacity of all key stakeholders - judges, police, defense lawyers, and prosecutors - on the foundational understanding of the codes.
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