International Development Law Organization

Kyrgyzstan

English

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.

The rule of law in the Kyrgyz Republic

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.

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Key Initiatives

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • Since Kyrgyzstan's independence in 1991, the country's Judiciary has suffered from financial shortfalls. This resulted in a lack of capacity to improve the quality of decision making and regularly update the level of judges' knowledge of current legislation. One particular area of importance for judicial training is commercial law, crucial for Kyrgyzstan in seeking to reduce corruption and spur economic development.
  • As in many transition countries, the Kyrgyz judicial system suffers from a low rate of court decision enforcement, with lengthy delays common, and a rate of successful enforcement estimated at only 30%. Moreover, significant challenges exist in relation to prevention and punishment of debtors who hide assets or evade court orders, and a lack of a database where bailiffs can easily obtain necessary information on debtors. 
  • IDLO has partnered with UNICEF to study the factors which support or inhibit children’s equitable access to justice in post-communist societies. The nine-month research project in Albania, Montenegro, Georgia and Kyrgyzstan will conclude in 2014. It will provide greater insight into local realities, concerns and approaches, and make culturally appropriate, sustainable and effective recommendations for policy and programming.
  • Following the April 2010 Revolution in the Kyrgyz Republic, an interim government came to power promising to end many of the injustices that had prompted the overthrow of the country’s previous two presidents. Many reforms carried out during the interim period were focused on improving the foundation and application of the rule of law. Despite initial steps made towards progress in this area, the political events of 2010, including ethnic violence, significantly undermined potential progress in the rule of law.
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