Implementation timeline:
April 26 to December 10, 2021.
Goal:
Supporting the Kyrgyz Republic in strengthening the rule of law and the administration of justice by assisting State authorities in the effective implementation of criminal justice legislation.
Expected results and accomplishments:
- A methodology has been developed for monitoring court hearings and analyzing court practice on corruption and other crimes against the interests of State and municipal property that are pending before the courts under articles 319, 320, 321, 322, 323, 324, 324, 325, 326, 327, 328, 329, 330 and 331 of the Criminal Code of the Kyrgyz Republic.
- Letters have been sent to the Supreme Court and the Office of the Procurator-General to provide statistical information on the country by district and city on cases considered, as well as on cases pending before the courts under articles 319, 320, 321, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330 and 331 of the Criminal Code of the Kyrgyz Republic.
- Based on the received statistical data of the Supreme Court of the Kyrgyz Republic and the General Prosecutor’s Office of the Kyrgyz Republic in the Republic in terms of districts and cities, from June 5 to June 12, 2021, the NGO “KAJS” announced a competition, according to the results of which 8 observers/monitors were selected in the following territorial locations: Bishkek, Osh, Jalal-Abad, Osh oblast, Chui oblast, Issyk-Kul oblast, Talas oblast. Due to the fact that in Talas oblast there were no trials on this category of cases before the courts, monitoring was not conducted in this area.
- The project received a letter of consent from the Supreme Court of the Kyrgyz Republic to conduct a study of judicial practice and provided the project expert with access to the materials of criminal cases under Articles 319 – 331 of the Criminal Code of the Kyrgyz Republic considered and entered into legal force for the period of 2019-2020 and the 1st quarter of 2021.
- For the period from June 23 to October 22, 2021. The monitors visited 202 court sessions (under Articles 319, 320, 321,322, 323, 324, 325, 326, 327, 328, 329, 330 and 331 of the Criminal Code of the Kyrgyz Republic) in the following local courts: Osh City Court, Karasui District Court of Osh oblast, Tash-Kumyr City Court of Jalal-Abad oblast, Pervomaisky District Court of Bishkek city, Sokuluk District Court of Chui oblast, Jaiyl District Court of Chui oblast, Issyk-Kul Oblast Court, Karakol City Court, of which 135 court hearings were postponed/postponed almost immediately and only in 67 cases monitors were able to observe the full process of the court hearing. Of these, 12 were finalized with the issuance of court decisions (verdict).
- The experts studied/evaluated the materials of criminal cases in the amount of 204 for 219 defendants. Of these, 36 criminal cases (16.4%) were considered on appeal (12) and cassation (24) for the above categories of cases in the following regions:
- Bishkek city -70 cases;
- Naryn Province -17 cases;
- Issyk-Kul province – 20 cases;
- Talas province -23 cases;
- Chui province – 11 cases;
- Batken province – 17 cases;
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- Osh Province – 26 cases;
- Jalal-Abad province – 20 cases
- The experts conducted 46 in-depth interviews with professional participants of court sessions: (judge, lawyer, investigator, prosecutor).
- Based on the results of the monitoring of court hearings, study of criminal case files and interviews, the data from the questionnaires and interviews were processed and an analytical report was prepared, which was discussed with 150 participants of the conference of the CAJS NGO (Annex 1. Analytical Report).