VZCZCXRO9079
RR RUEHIK RUEHPOD RUEHYG
DE RUEHNT #0835/01 1981148
ZNR UUUUU ZZH
R 161148Z JUL 08
FM AMEMBASSY TASHKENT
TO RUEHC/SECSTATE WASHDC 0008
INFO RUEHZG/NATO EU COLLECTIVE
RUEHAH/AMEMBASSY ASHGABAT 4170
RUEHTA/AMEMBASSY ASTANA 0383
RUEHEK/AMEMBASSY BISHKEK 4786
RUEHLM/AMEMBASSY COLOMBO 0648
RUEHKA/AMEMBASSY DHAKA 0478
RUEHDBU/AMEMBASSY DUSHANBE 0667
RUEHIL/AMEMBASSY ISLAMABAD 4374
RUEHBUL/AMEMBASSY KABUL 2666
RUEHKT/AMEMBASSY KATHMANDU 0687
RUEHMO/AMEMBASSY MOSCOW 7497
RUEHNE/AMEMBASSY NEW DELHI 1324
RUEHVEN/USMISSION USOSCE 2636
RHEFDIA/DIA WASHDC
RHEHNSC/NSC WASHINGTON DC 0232
RUEAIIA/CIA WASHDC 0082

UNCLAS SECTION 01 OF 03 TASHKENT 000835 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR INL ANDREW BUHLER 
DEPT OF JUSTICE FOR OPDAT CATHERINE NEWCOMBE 
ASTANA FOR ALMATY/USAID 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KCRM PHUM EAID UZ
SUBJECT: UZBEKISTAN:  SIX MONTH SCORECARD ON HABEAS CORPUS 
 
REF: A. TASHKENT 786 
     ¶B. TASHKENT 741 
     ¶C. TASHKENT 400 
 
SENSITIVE BUT UNCLASSIFIED -- PLEASE PROTECT ACCORDINGLY 
 
¶1. (SBU) Summary:  The USAID-funded Institute for New 
Democracies (IND) co-sponsored a workshop in Tashkent on July 
9-10 to examine efforts to implement a law with habeas corpus 
elements that took effect in January 2008.  There was 
high-level participation by the Government of Uzbekistan, 
including Minister of Justice Ravshan Mukhitdinov, key 
parliamentarians, and Supreme Court judges.  Human rights 
defenders were noticeably absent, although the Government of 
Uzbekistan is reportedly contemplating their inclusion in 
future events.  An AmCit former Federal prosecutor who was 
previously a Resident Legal Advisor in Tashkent participated 
as a visiting expert; she highlighted some shortcomings in 
the implementation of the law but was impressed by the 
overall progress compared to her previous work in Uzekistan 
in 2004-05.  After six months it is clear the law is forcing 
authorities to think about habeas corpus principles in a more 
enlightened way, although there is still a long way to go. 
End summary. 
 
¶2. (U) In its first formal event since obtaining registration 
(ref A), IND co-sponsored a workshop entitled "On the 
Implementation of Habeas Corpus in Uzbekistan" in Tashkent on 
July 9-10, in partnership with the Ministry of Justice and 
the government-sponsored Institute of Civil Society Studies. 
There were 56 invitees representing the Ministry of Internal 
Affairs (including investigators from regions throughout the 
country), Office of the General Prosecutor, the Supreme 
Court, the Ministry of Justice, the Human Rights Ombudsman 
Office of the Parliament, and the Tashkent Law Institute. 
Several high-level attendees, including Mukhitdinov and some 
members of Parliament, attracted local media coverage of the 
event.  The event was the first forum since the law took 
effect for each of the officials involved in sanctions -- 
investigators, prosecutors, and judge -- to interact and 
exchange experiences. 
 
Claims of Success 
----------------- 
 
¶3. (U) Mavjuda Radjabova, Chairwoman of the Senate Committee 
on Legislation and Judiciary, reported to participants that 
surveys of the general public indicated "84 percent have high 
trust in the courts, and therefore our reforms are 
successful."  Radjabova, with news cameras rolling, said that 
the quality of investigations and case evidence is improving 
while professional qualifications are also strengthening. 
She also mentioned the President's May 1 decree on reforming 
the Bar Association (ref B) as an important step in 
"improving the credibility of the Bar Association." 
(Comment:  These survey results are rather dubious.  Still, 
it is surprising that even "16 percent" of respondents dared 
to go against the grain on a government-sponsored survey. 
Radjabova's on-the-record comments about making improvements 
and enhancing credibility are significant.  End comment). 
 
¶4. (U) Kholmurod Hasanov, a Supreme Court Judge, noted that 
initial implementation of the habeas corpus principles has 
been smooth since there were extensive preparations made 
between August 2005, when Karimov announced the law, and 
January 2008, when it took effect.  Hasanov said that 1-2 
percent of requests for detention from investigators or 
prosecutors are being declined, evidence which he says 
demonstrates that the transfer of arrest warrant authority to 
the judiciary has been effective.  Sayora Rashidova, the 
parliament's Human Rights Ombudsperson, added that her office 
 
TASHKENT 00000835  002 OF 003 
 
 
has recorded 108 instances in which the courts have denied 
requests for warrants, which she noted was "small but 
significant." 
 
¶5. (U) Svetlana Artykova, from the Office of the General 
Prosecutor, noted that the habeas corpus reforms are taking 
place against a backdrop of a decrease in crime in 
Uzbekistan.  In 2003 she said there were 19,205 crimes 
recorded but by 2007 the number fell to 17,686.  Many 
conference attendees attributed this drop to the 
liberalization of the criminal justice system in Uzbekistan 
since 2001, in which convicted criminals are given shorter 
sentences and second chances.  A Ministry of Internal Affairs 
investigator said that the detention of criminal suspects is 
down 16 percent overall in the first six months of 2008 
compared to the same period in 2006 and 27 percent in rural 
areas.  He explained that due to the new provisions of the 
law investigators are paying more attention to the 
admissibility of evidence in a court since the judges now 
play a larger role.  Thus, they are mindful of the 
requirements and are seeking fewer warrants. 
 
Arrest First, Ask Questions Later 
--------------------------------- 
 
¶6. (U) Artykova called for further "attitudinal change" among 
law enforcement agencies towards the courts, and she said 
this was an area where international experts could provide 
useful technical assistance.  She conceded that a big problem 
for Uzbekistan is that, when a crime is committed, first the 
authorities find and arrest a suspect and then assemble 
evidence.  She noted that this is an outdated approach that 
is incompatible with the requirements of the new law, 
particularly in meeting the 72-hour time limit in which 
suspects can be detained.  A participating AmCit expert noted 
that Uzbek authorities need to stop interviewing "witnesses" 
when they are actually "suspects," which gives government 
officials too much leeway to bypass defendants' rights. 
 
Problems for Rural Investigators 
-------------------------------- 
 
¶7. (U) Comments by Ministry of Internal Affairs officers from 
the provinces illustrated that there are unique issues to be 
addressed in rural areas.  One problem raised is the lack of 
transportation for some officers in rural areas, which 
results in lost time on investigations and difficulties in 
transporting arrested suspects to regional facilities in a 
timely manner.  There is also a lack of suitable holding 
cells in some rural areas, necessitating longer trips to 
better-equipped police stations for booking suspects.  One 
investigator complained that the workload is too much for 
rural officials who also have agricultural responsibilities 
and too little time to conduct investigations or collect 
evidence.  Another proposed that evening hours should not 
count against the 72-hour clock for initial detention since 
it is not reasonable to expect progress overnight.  (Comment: 
 While these rural perspectives raise other issues such as 
why investigators are also working as farmers, an underlying 
positive is that law enforcement officials are earnestly 
thinking about the issue in the context of the new law.  End 
comment.) 
 
Signs of Progress 
----------------- 
 
¶8. (U) A participating AmCit legal expert, who was formerly a 
Federal prosecutor and a Resident Legal Advisor based at the 
Embassy, was impressed by the extent to which the substance 
and tone of discussions has changed for the better since her 
departure from Uzbekistan in 2005.  She noted that the small 
 
TASHKENT 00000835  003 OF 003 
 
 
group breakout sessions were the most productive because 
participants were more willing to have frank discussions 
instead of sticking to bland, Soviet-inspired presentation 
scripts, as they tend to do in the plenary sessions.  She 
observed that, particularly among the ranks of prosecutors, 
there were more younger faces willing to discuss reforms than 
just a few years ago.  On the margins and in small groups, 
she said several investigators realized they need to begin 
collecting evidence prior to making arrests, which would 
strengthen cases and help them comply with the habeas corpus 
requirements. 
 
No Defenders Present...Yet 
-------------------------- 
 
¶9. (SBU) Human rights defenders were conspicuously absent 
from this event, which allowed the attendees from various 
ministries or government-affiliated entities to make 
unchallenged claims that implementation is proceeding "very 
smoothly."  Many attendees agreed that defense lawyers should 
be involved in habeas corpus decisions at an early stage, 
itself a major step forward in attitude; however, the Uzbek 
Bar Association had a conflicting event that also considered 
habeas corpus issues.  Mjusa Sever, IND's Country Director, 
told poloff that several ministries said they were now 
comfortable about inviting defense attorneys to the table but 
that "there are still some holdouts at a political level." 
She was told by government contacts there is a chance defense 
attorneys could be included at the next such event. 
Similarly, representatives of human rights groups, who have 
questioned the effectiveness of the new habeas corpus law, 
were uninvited. 
 
Comment: 
-------- 
 
¶10. (SBU) Not only would defense attorneys add spice to the 
discussions but interacting with government counterparts 
would help them better adapt to the new playing field and 
learn to use the new habeas corpus provisions to represent 
defendants' interests.  We are hoping to engage the Uzbek Bar 
Association with an assistance project in the near future. 
 
¶11. (SBU) On balance, the workshop helped to keep the 
spotlight on the implementation of the new law which, despite 
shortcomings, still represented a major step forward.  The 
Uzbeks seem to be making an earnest effort to implement the 
law rather than chalk it up as a successful paper reform, 
although we must remember that change is often at a glacial 
pace here.  There are still reports that some prosecutors are 
telling judges what to do and the visiting AmCit legal expert 
believes the government is still "getting too many bites at 
the apple" in some detention scenarios; however, it is 
encouraging that experts who contributed to assistance 
projects in years past are able to return and see that, in 
the long-run, their efforts bore fruit. 
 
NORLAND