It has become a norm in Kyrgyzstan, when representatives of different government branches can't come to agreement and lay the blame on each other for failure of certain programs and projects. The same thing happened with the judicial reform.
Drastic changes in the juridical system were supposed to be implemented immediately after April events of 2010. Several conceptions were suggested. For the first time there was formed the Council on Judicial Selection, which became the stumbling stone of interests of all involved in the process parties. From the very beginning of the council's work, all its members started stating that they were pressured by the deputy corps. Certain surnames were announced. Allegedly the Parliament's Spokesman Asylbek Zheenbekov, the deputies Kurmanbek Osmonov, Galina Skripkina, the former deputy Erkinbek Alymbekov and others tried to appoint their relatives and close people for posts in the judicial sphere illegally. It is clear that servants of people spoke with categorical denials, accusing council members themselves of corruption, and even insist on checking their activities.
The Chairman of the Committee on Legal Matters and Legality Toktogul Tumanov informed 24.kg news agency that within the selection of judges he had a lot to bear too.
"I was also accused that I lobbied the interests of their people and have benefit from it. They also said that I was trying to pressure individual members of the Board on the selection of judges and tell them who to vote for. I do not dispute that some of my colleagues asked me to assist in the appointment of a judge, but I will never go for it, because I don't want to be beholden to anyone. My principles are not liked and here there are attempts to drive a wedge between me and the president of the country," Toktogul Tumanov added.
He also noted that too many participants, who mustn't intervene in this process, are involved in the judicial system.
"Everyone wants to make a good hand of it. The so-called "gray" (illegal) schemes, which operate at present, are used in promotion of judges. I can speak about it because I have evidences. Under the previous leadership of the committee (headed by Sadyr Zhaparov) was protégé were pushed through the Council on selection of judges," Toktogul Tumanov said.
Our SOS alarm
Series of constitutional amendments to the existing law governing the Council on the selection of judges were developed in order to somehow smooth out the contradictions and reduce the tension in the Parliament. In particular, MPs offer not to establish points on the admission to the competition and abolish the third round of the selection of candidates to judge panels.
Board members are suggested to put points on the basis of all three stages of the competition, without voting procedures. Candidates, who receive a passing grade, are treated as approved. It is also suggested to work out the mechanism of recall of "at fault" members of the council.
However the representatives of the council themselves oppose this initiative, considering that if lawmakers are empowered to recall them, the members of the council will become even more dependent on the people's deputies.
At one of the parliamentary hearings of the Council on the selection of judges Sarylbek Borbashev began to argue that there was no need to make all these amendments, in particular, to reduce the period of the contest, and abolish the vote.
"As a result, the Judges Selection Council transformed into a bargaining platform. The board has "the right and the left bank". And there's sophisticated technology lobbying. Over a cup of tea these individuals showed by black cross the names of potential candidates for elimination," he said.
When upper strata want and lower strata can
The member of the Constitutional Council Shaiyrbek Mamatoktorov believs that the judicial reform ordered to live long on the day when the Council of Judges dismissed two judges of Bishkek City Court for acquittal of three deputies of Ata-Zhurt faction.
"The Head of the Judicial Council Dastanbai Aizhigitov then just "buried" the independence of judges. From now on, no any judiciary decides what would suit the power. All of them dream about executioners of the Judicial Council. And the fact that MPs and Judges Selection Council accuse each other shows that those others promoted candidates for money. And we are talking about a considerable amount. Assurances that judicial reform continues are no more than a myth and dust in the eyes of people. Indeed, the entire corruption is in the courts. However, it is worth noting an interesting tendency. If before the Board on the selection still somehow "listen to" the deputies - after they came through the board, but now their interests vary, as members of the board more often contact with people from the President Office. Apparently, the latter offers much more attractive, than the arrogant orders of the deputies. Hence, all the dissensions are here," Shairbek Mamatoktorov considers.
By the way, the deputies support this opinion. As the Parliament informed 24.kg news agency, high-ranking officials from the presidential administration, including Daniyar Narymbaev are directly related to the outbreak of this confrontation. Exactly at their instigation "suitable" sentenced are passed and members of the council receive orders who of the candidates will be selected for posts.
When masters fall out their men get the clout
Unfortunately, the judicial reform in Kyrgyzstan still has declarative character. Good intentions split upon the exorbitant wants officials and the Judicial Selection Council representatives.
As a result, the servants of Justice are people with tarnished reputation, but easy to be managed. Then what kind of fair justice can be discussed if the third branch of government remains under the yoke of legislators and executives?
The President repeatedly states that the country can be strong only in presence of incorrupt and professional courts, and requires starting implementation of radical reforms.
The question is: how ready are members of the head of state team to do his will?
And while the white collar divide spheres of influence, ordinary citizens have no choice as to bear tyranny in the courts.