US embassy cable - 05DUSHANBE1745

C O N F I D E N T I A L DUSHANBE 001745 
 
SIPDIS 
 
 
E.O. 12958: DECL:  10/31/2015 
TAGS: PREL, PGOV, PHUM, KDEM, TI 
SUBJECT: TAJIKISTAN:  UN SPECIAL RAPPORTEUR FINDS JUDICIARY 
UNBALANCED 
 
REF: DUSHANBE 1729 
 
CLASSIFIED BY: Richard Hoagland, Ambassador, US Embassy 
Dushanbe, State. 
REASON: 1.4 (b) 
 
1.  (C)  During his recent visit to Tajikistan, UN Special 
Rapporteur on Independent Judiciary and Lawyers Leandro Despuy 
noted a great imbalance between the power of Tajikistan's 
prosecutors, and the weakness of lawyers ("advocates") and 
judges in the system.  United Nations Tajikistan Office of 
Peacekeeping's (UNTOP) Ambassador Vladimir Sotirov reported 
Despuy found the prosecutors' ability to initiate investigations 
and prevent the implementation of a court decision distortedQe 
objectivity and fairnesQof theQurt process.  Judges are too 
often afraid of proQcutors.  He hoped the parliament's reforms 
to the criminal code would remove these powers from the 
prosecutor, thus legislating a more balanced judicial system. 
 
2.  (C)  NOTE:  A current case in point is journalist Jumaboy 
Tolibov. Having written articles criticizing the Prosecutor's 
Office in Sogdh province, he was arrested and sentenced to 
prison.  Acting on his appeal, the Supreme Court's Criminal 
Affairs Board ordered his release.  The Prosecutor General 
overruled the Supreme Court, and Tolibov remains behind bars. 
END NOTE 
 
3.  (C)  According to Sotirov, Despuy enjoyed access to all 
levels of government, and remarked on Tajik interlocutors' 
openness.  People were unafraid to share their concerns about 
salaries, corruption, and a need for better training.  The 
Special Rapporteur will prepare a report on his visit for the UN 
High Commission on Human Rights; he should publish his full 
findings in Spring 2006. 
 
4.  (C)  Turning to other issues, Sotirov observed UNTOP's 
"relationship of trust" with the Tajik government allowed them 
to address a number of sensitive issues not specifically in 
their mandate.  For example, UNTOP was addressing a number of 
complaints they had received from citizens and inmates about 
food and sanitation conditions in prisons.  UNTOP experienced 
the same difficulties and frustratiQs as other international 
missions Qng through the MFA to get meetings (reftel), but 
characterized it as bureaucratic, not political.  "They don't 
have the administrative capacity to tackle requests." 
 
5.  (C)  Sotirov referred to the Iskandarov trial as a step in 
the "political elimination of the warlords" after the Civil War. 
 He observed that democratic reforms were not an easy sell to 
the Tajik public for two reasons.  First, many think democracy 
caused the civil war, so enthusiasm for democratic initiatives 
is limited.  Second, remembering the Civil War, many equate the 
political opposition with a potential military opposition. 
 
6.  (C)  COMMENT:  It is not surprising that Tajik interlocutors 
spoke to the Special Rapporteur openly about problems of 
corruption and salaries-these are safe topics which generate 
much hand-wringing and head-nodding, but few viable solutions. 
UNTOP can sometimes take a cautious approach to the government 
of Tajikistan, and is careful to preserve its status and limited 
influence, but also uses its unique position to address problems 
delicately where other institutions have limited access. 
 
 
HOAGLAND 
 
 
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