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RUEAWJA/DEPT OF JUSTICE WASHDC
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RUEAIIA/CIA WASHDC 0169

UNCLAS SECTION 01 OF 02 TASHKENT 000938 
 
SIPDIS 
 
DEPT FOR INL ANDREW BUHLER 
DEPT OF JUSTICE FOR OPDAT CATHERINE NEWCOMBE 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KCRM PHUM UZ
SUBJECT: UZBEKISTAN: PRESIDENTIAL RESOLUTION ESTABLISHES 
JUDICIAL RESEARCH CENTER 
 
¶1. (U) Summary:  On June 23 President Karimov issued the 
latest in a series of decrees on legal reform initiatives, 
this one establishing a research center in the Supreme Court 
and promoting the "independence of the judicial system."  The 
resolution envisions the new judicial research center will 
lead to "further liberalization and improvement in the 
justice system" and also calls for "widening cooperation" 
with international and foreign organizations.  The lofty 
goals of the resolution look great on paper, but the real 
significance is that the resolution sends another message at 
home and abroad that Uzbekistan is open to legal reform.  We 
will look for opportunities to help realize the goals stated 
in the resolution and expect that it will boost our chances 
of conducting meaningful rule of law programs.  End summary. 
 
Watershed Moments Keep Coming 
----------------------------- 
 
¶2. (U) On June 23 President Karimov issued his latest 
blockbuster resolution on legal reform, this one entitled "On 
Establishing the Research Center for Democratization and 
Liberalization of Judicial Legislation and Providing for the 
Independence of the Judicial System." The document begins by 
recounting related milestones in 2008, including the habeas 
corpus law, abolition of the death penalty, and a decree on 
reforming the Uzbek Bar Association.  (Note:  Uzbekistan has 
been very legislatively active this year, and other notable 
developments included the passage of the country's first 
comprehensive anti-trafficking in persons law, adoption of 
two ILO Conventions, ratification of the UN TIP Protocol, and 
a decree highlighting the 60th anniversary of the 
International Declaration of Human Rights.  End note.) 
 
Goals of the New Research Center 
-------------------------------- 
 
¶3. (U) The government press release explains that 
establishing a research center "is a continuation of the deep 
democratic reforms in the judicial system in Uzbekistan," and 
is aimed at enhancing "the authority of the court, its 
independence, the effectiveness of the court's activity on 
providing for the rule of law, and ensuring the reliable 
protection of human rights and interests."  The research 
center will be a functional body within the Supreme Court and 
will be directly accountable to Chairman of the Supreme Court 
Buritosh Mustafaev.  (Note:  Curiously, there already is a 
Research Consultative Board within the Supreme Court and it 
is unclear whether the mandates of the two entities overlap. 
Nearly two months have elapsed since the resolution but thus 
far there is no activity to report.  End note.) 
 
Auspicious Sign for NGOs? 
------------------------- 
 
¶4. (U) Karimov's resolution also tasks the new judicial 
research center with "elaborating and carrying out programs 
on thorough study and implementation of the universal 
principles and norms of international judicial law in to the 
national legislation" as well as "widening cooperation with 
international and foreign organizations in the sphere of 
justice."  The resolution further adds that this will "allow 
benchmarking of the best practices of developed countries." 
This language appears to open the door for greater NGO 
involvement in legal reform issues, which is consistent with 
hints government officials have made throughout the year. 
 
Comment: 
-------- 
 
¶5. (U) The language of this Presidential Resolution is vague 
but certainly welcome, and it builds on the recent signals to 
 
TASHKENT 00000938  002 OF 002 
 
 
domestic stakeholders and international observers alike that 
Karimov is serious about stepping up the pace of legal 
reforms.  We believe he wants to strengthen legal 
institutions as a legacy, and such reforms represent 
low-hanging fruit on human rights progress and do not pose 
risks of destabilization.  We are testing this message by 
attempting to secure permission for the American Bar 
Association - Rule of Law Initiative to resume work in 
Uzbekistan, which should help us determine whether these 
decrees and resolutions are really substantive or just talk. 
 
BUTCHER