No Debate on Judicial Reform
No Debate on Judicial Reform
The authorities in Tajikistan have taken the welcome step of launching a programme of judicial reform, but have failed either to consult the public adequately or to seek independent legal advice.
On June 23, President Imomali Rahmon approved a programme of judicial and legal reform which according to his press office, sets out to consolidate the judiciary, protect human rights and freedoms, and strengthen the rule of law and justice in society.
However, neither the media or the independent legal community were able to get hold of the document.
Analysts interviewed by NBCentralAsia note that there has been no public debate on the programme.
They believe the programme should focus on creating of an independent judiciary, ensuring laws are upheld by combating corruption in the courts, guaranteeing political and financial independence for judges. Judges at all levels are currently nominated by the Justice Council and appointed by the president.
“Academics and experts have been involved in discussing the issue to some extent, but it wasn’t enough, since there were no parliamentary hearings involving the media and civil society,” said NBCentralAsia legal expert Shokirjon Hakimov.
Judge Vatan Abdurahmonov, director of the Centre for Legal Education, also highlights the lack of transparent information and wide-ranging public debate on the programme.
He notes that although the Tajik constitution makes the judiciary an equal branch of power, the system remains entirely dependent on the executive and does not enjoy a reputation for fairness.
“Unfortunately, this is the weakest branch of power at this point, and most people don’t have a sense that it genuinely metes out justice… since it is dependent on the executive,” said Abdurakhmonov.
In Abdurahmonov’s view, thus not only has a negative impact at home, but also scares off potential investors, who do not have clear-cut legal guarantees that their interests will be protected.
NBCentralAsia expert Hojimuhammad Umarov agrees, saying that there is a direct correlation between rule of law and economic development.
“Economic reform can only be effective when the judicial system is independent and defends the principles on which that reform is founded,” said Umarov.
He argues an independent judiciary, the selection of judges on a competitive basis, and guarantees that they are financially independent are essential components of systemic reform.
(News Briefing Central Asia draws comment and analysis from a broad range of political observers across the region.)
On June 23, President Imomali Rahmon approved a programme of judicial and legal reform which according to his press office, sets out to consolidate the judiciary, protect human rights and freedoms, and strengthen the rule of law and justice in society.
However, neither the media or the independent legal community were able to get hold of the document.
Analysts interviewed by NBCentralAsia note that there has been no public debate on the programme.
They believe the programme should focus on creating of an independent judiciary, ensuring laws are upheld by combating corruption in the courts, guaranteeing political and financial independence for judges. Judges at all levels are currently nominated by the Justice Council and appointed by the president.
“Academics and experts have been involved in discussing the issue to some extent, but it wasn’t enough, since there were no parliamentary hearings involving the media and civil society,” said NBCentralAsia legal expert Shokirjon Hakimov.
Judge Vatan Abdurahmonov, director of the Centre for Legal Education, also highlights the lack of transparent information and wide-ranging public debate on the programme.
He notes that although the Tajik constitution makes the judiciary an equal branch of power, the system remains entirely dependent on the executive and does not enjoy a reputation for fairness.
“Unfortunately, this is the weakest branch of power at this point, and most people don’t have a sense that it genuinely metes out justice… since it is dependent on the executive,” said Abdurakhmonov.
In Abdurahmonov’s view, thus not only has a negative impact at home, but also scares off potential investors, who do not have clear-cut legal guarantees that their interests will be protected.
NBCentralAsia expert Hojimuhammad Umarov agrees, saying that there is a direct correlation between rule of law and economic development.
“Economic reform can only be effective when the judicial system is independent and defends the principles on which that reform is founded,” said Umarov.
He argues an independent judiciary, the selection of judges on a competitive basis, and guarantees that they are financially independent are essential components of systemic reform.
(News Briefing Central Asia draws comment and analysis from a broad range of political observers across the region.)
