VZCZCXRO7173
RR RUEHAST RUEHBI RUEHCI RUEHLH RUEHLN RUEHNEH RUEHPW RUEHVK RUEHYG
DE RUEHDBU #1380 3150839
ZNR UUUUU ZZH
R 100839Z NOV 08
FM AMEMBASSY DUSHANBE
TO RUEHC/SECSTATE WASHDC 1127
INFO RUCNCLS/SOUTH AND CENTRAL ASIA COLLECTIVE
RUEAIIA/CIA WASHDC 0189
RUCNCIS/CIS COLLECTIVE
RUEAWJA/DEPARTMENT OF JUSTICE WASHINGTON DC

UNCLAS DUSHANBE 001380 
 
SENSITIVE 
SIPDIS 
 
STATE FOR INL/AAE (BUHLER) 
JUSTICE (DUCOT AND NEWCOMBE) 
DEFENSE FOR OSDP/P 
 
E.O. 12958:  N/A 
TAGS: SNAR KJUS KCRM PGOV TI
SUBJECT:  TAJIKS WANT BETTER LAWS; U.S. ROLE UNCLEAR 
 
¶1. (U) Summary: Emboffs met with two of President Rahmon's legal 
advisors, Sodik Ashurovich Shohnazarov and Umed Boboev, to discuss 
areas of collaboration in reform of the justice sector.  Tajik 
officials recognize the need to reform the country's legal 
infrastructure, and will establish a legislative institute to 
improve the quality of parliamentary legislation.  Officials will 
continue to redraft criminal justice legislation.  The degree to 
which officials will allow U.S. assistance in these efforts remains 
to be seen.  End summary. 
 
 
¶2. (SBU) President Rahmon called for a Legislative Institute in his 
annual speech to parliament this year.  The goal of the Institute is 
to eliminate contradictory laws, improve the quality of new laws, 
and bring Tajik legislation into compliance with international 
treaties signed by Tajikistan.  Shohnazarov said the Presidential 
Administration was developing the Institute's regulations and 
procedures, and that all preparatory work should be completed by the 
end of 2008.  Shohnazarov thought the Institute would be supervised 
by the Ministry of Justice, but report to the President and 
Parliament.  The Institute would be staffed by lawyers, who would 
receive specialized training.  IN response to proposals to assist in 
creating the Institute, Shohnazarov expressed fond memories of his 
participation in an American Bar Association program in the United 
States, but would not commit to specific actions. 
 
¶3. (SBU) Shohnazarov said the Presidential Administration created a 
working group to revise the Criminal Code, and he welcomed any 
assistance the U.S. could provide.  The working group was headed by 
Zarif Alizoda, the State Advisor on Legal Affairs (and Shohnazarov's 
boss), who planned to submit a draft to parliament in six months. 
The reform of the Criminal Code followed a redrafting of the 
country's Criminal Procedure Code, which Shohnazarov said would be 
passed to Parliament by the end of the year. 
 
¶4. (SBU) U.S. Embassy is ready to support the Legislative Institute 
by training employees and providing legal experts.  There are 
several avenues for support: if parliament would supervise the 
institute, programs involving the U.S. Congress are possibilities; 
if the U.S. Embassy provides training, the door could widen to 
include provision of equipment.  EmbOffs encouraged Shohnazarov to 
consider allowing lawyers from the Institute to compete for 
INL-sponsored law school scholarships, which would provide a path to 
improved qualifications for the Institute. 
 
 
¶5. (SBU) Shohnazarov welcomed U.S. Embassy initiatives and noted 
that he worked with the American Bar Association in revising the 
Civil Procedure Code.  EmbOffs cautioned that donors were wary of 
requests for assistance in criminal justice reform, since donors 
were essentially shut out of substantive discussions on the Criminal 
Procedure Code. 
 
¶6. (SBU) Comment: We initially scheduled our meeting with State 
Advisor Alizoda, but met instead with his assistants after he left 
the country on a business trip.  Neither Shohnazarov nor Boboev were 
in a position to make any agreements, and neither would commit to 
specific actions regarding the Legislative Institute.  The 
international community was snubbed in the redrafting effort of the 
Criminal Procedure Code, and we are wary that officials will 
continue to keep us at arms length in ongoing justice reform 
efforts.  However, in coordination with our international partners 
Qefforts.  However, in coordination with our international partners 
we will continue to discuss these issues and offer assistance to 
persuade Tajik officials to more toward serious legal reform.  End 
comment.  JACOBSON