VZCZCXRO8341
OO RUEHAG RUEHAST RUEHBI RUEHCI RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK
RUEHKW RUEHLA RUEHLH RUEHLN RUEHLZ RUEHNEH RUEHNP RUEHPOD RUEHPW
RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHTA #0629/01 1031138
ZNR UUUUU ZZH
O 131138Z APR 09
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5158
INFO RUCNCIS/CIS COLLECTIVE 1489
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 0867
RUEHKO/AMEMBASSY TOKYO 1570
RUEHUL/AMEMBASSY SEOUL 0554
RUCNDT/USMISSION USUN NEW YORK 2269
RUEHNO/USMISSION USNATO 2599
RUEAIIA/CIA WASHDC
RHEFAAA/DIA WASHDC
RHEHNSC/NSC WASHDC 1052
RUEKJCS/SECDEF WASHDC 0966
RUEKJCS/JOINT STAFF WASHDC
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RUEHAST/USOFFICE ALMATY 1411

UNCLAS SECTION 01 OF 02 ASTANA 000629 
 
SIPDIS 
 
STATE FOR SCA/CEN, EUR/ACE, F, SCA/PPD, DRL 
STATE PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM EAID SOCI KZ
SUBJECT:   KAZAKHSTAN: NEW SUPREME COURT CHAIRMAN TALKS JUSTICE WITH 
JUDGE PAUL MAGNUSON 
 
ASTANA 00000629  001.2 OF 002 
 
 
¶1.  SUMMARY:  On April 7, the newly appointed Chairman of the 
Supreme Court of Kazakhstan, Musabek Alimbekov, met with Paul 
Magnuson, Judge of the U.S. District Court for the District of 
Minnesota.  Alimbekov stated that the judiciary in Kazakhstan is 
independent, and is implementing reforms consistent with European 
standards as part of President Nazarbayey's "Path to Europe" 
program.  Cooperation between the Kazakhstan Union of Judges and the 
International Association of Judges is clearly an important issue 
for the Supreme Court and Kazakhstani judiciary as they seek 
international assistance and professional development.  END 
SUMMARY. 
 
NEW SUPREME COURT CHAIRMAN MUSABEK ALIMBEKOV 
 
¶2.  In addition to Alimbekov, representatives of the Kazakhstani 
judiciary present at the meeting included Anatoliy Smolin, Chair of 
the Supervisory Division of the Supreme Court; Aueznur Kazhenov, 
Judge of the Supreme Court and Chair of the Union of Judges; and 
Abdrashit Zhukenov, Chair of Criminal Division of the Supreme Court. 
 Alimbekov, just appointed as the new Supreme Court Chairman, is a 
career judge with almost 30 years of experience, most recently as 
Chairman of the Civil Division of the Supreme Court.  Prior to his 
first Supreme Court appointment in 2006, Alimbekov served 
exclusively in the south of Kazakhstan, in the Zhambyl and South 
Kazakhstan oblasts, as well as in the Almaty City Court.  While 
business-like and to the point, he also appeared open and at-ease in 
his new position. 
 
¶3.  Similar to his predecessor, Kairat Mami, Alimbekov has been a 
strong supporter of USAID judicial reform assistance.  In September 
2006, during an event demonstrating a USAID-supported video court 
reporting project in Almaty, Alimbekov met then-Ambassador Ordway 
and spoke about the importance of the new court reporting system and 
the ongoing and productive cooperation between the United States and 
Kazakhstan.  In 2005, Alimbekov was the first judge to support the 
implementation of the video court recording project, and his support 
and approval at the time was critical to the program's ultimate 
success. 
 
"OUR JUDICIARY IS INDEPENDENT" 
 
¶4.  Alimbekov welcomed Judge Magnuson as a "guest and friend," 
presenting him with a replica of the magnificent new Supreme Court 
building in Astana.  Alimbekov described the structure of the 
judiciary, noting that original jurisdiction in all cases now rests 
with district courts, while oblast courts serve as appellate courts. 
 The Supreme Court only hears appeals from the oblast courts in 
exceptional circumstances.  Approximately 2500 judges serve the 322 
district courts, 18 oblast-level courts, and the Supreme Court. 
 
¶5.  Alimbekov maintained that "the judiciary is independent," and 
described the selection procedure for judges.  According to 
Alimbekov, qualified judicial candidates may submit their 
candidacies to the Supreme Judicial Council (SJC), the body charged 
with selecting judges to fill vacancies, which then recommends and 
refers candidates for approval to Parliament, which then submits the 
candidates for final approval to the President.  The SJC includes 
representatives from the judiciary, executive, and legislative 
branches, as well as from the public.  Alimbekov stated that the 
selection procedure is designed to serve the "principles of 
democracy and transparency."  He said that these reforms are also 
consistent with President Nazarbayev's "Path to Europe" Program. 
 
KAZAKHSTANI JUDICIARY READY FOR INTERNATIONAL COOPERATION 
 
¶6.  Judge Magnuson, in Kazakhstan through support from the Open 
World Program to assess the country's progress on judicial reform, 
promoted the professional exchanges that Open World organizes in the 
former Soviet Union.  He stated that programs for the judiciary are 
designed to reach the younger generation of judges -- the future 
leadership of the judiciary.  He said that the program offers the 
opportunity for these young judges to see U.S. courts in action and 
meet and discuss issues related to the judiciary with American 
 
ASTANA 00000629  002.2 OF 002 
 
 
peers. 
 
¶7.  Judge Magnuson also discussed issues related to the cooperation 
of the Kazakhstani Union of Judges with the International 
Association of Judges (IAJ).  Alimbekov and the Kazakhstani 
judiciary are clearly interested in expanding their relationship 
with the IAJ, and Magnuson used his visit to further review and 
discuss the potential membership of the Kazakhstani Union of Judges 
in the IAJ. 
 
¶8.  COMMENT:  Alimbekov's appointment to the Chairmanship of the 
Supreme Court should bode well for judicial reform, and cooperation 
with U.S. assistance programs.  Moreover, the appointment of his 
predecessor, Kairat Mami, another proponent of reform and supporter 
of USAID, to the post of Procurator General may open opportunities 
for cooperation in the reform of that institution.  However, current 
USAID funding for rule-of-law programming in Kazakhstan is not 
sufficient for a robust response to these opportunities.  END 
COMMENT. 
 
HOAGLAND