Processing Criminal Cases in Kazakhstani Courts

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Alexei Trochev† decrease recidivism and minimize international international and minimize recidivism decrease criminal cases of public prosecution based on the the on based prosecution public of cases criminal Symposium with Nazarbayev University entitled The Rule of entitled University Nazarbayev Rule The with Symposium

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Continuity Dr. Alexei Trochev is an Associate Professor of PoliticalScience and Mapping the Criminal Justice System in Kazakhstan: in Kazakhstan: Criminal Justice System the Mapping Outputs and Practices, Legacies, Incentives, A Remarkable Detention: Pre-Trial of Approval Wholesale Soviet the as in Acquittals and Exoneration Avoiding Period Victim Reconciliation the Closing Based on Cases between Expansion Dramatic Accused—A and the The criminal justice system in Kazakhstan is full of contradictions: is justice system in Kazakhstan The criminal Reconciliations: Processing Criminal † ORNELL ORNELL I. II. IV. III. ROCHEV FORMATTED ROCHEV M K International Relations in the School of Humanities and Social Sciences at NazarbayevSciences andSocial Humanities of School the in International Relations Kazakhstan. of Republic in Astana, University Vadim Solomon, Peter to grateful I am Pen for Sergey and Zherebtsov, Mikhail Ed Schatz, Pozdnyakov, Mikhail Volkov, 2016 the hosting for School Law Cornell to and suggestions, and feedback Journal Law International not do and author’s the are Article this in expressed opinions The Asia. in Central Law represent the opinions of Nazarbayev University. Soviet-era accusatorial bias in pre-trial detention and sentencing goes hand in in accusatorial bias in pre-trial hand detention and sentencing goes Soviet-era This paradoxical cases. criminal bias in closing pro-defendant the hand with biases fits well within the informal contradictory of seemingly co-existence reform—reducing The major justice system. of the criminal power map to prison population relat existing power Introduction shaming—was coupled with the more recent the more coupled with shaming—was tolerance and zero crimes, the total registration of basis of reconciliation, of change through the only been achieved have crime combating approach to justice system. criminal in the structure the incentive post-Soviet The of closing innovation because Kazakhstan has proliferated in of crime reconciliation with the victim of actors in thejustice key the criminal both the incentives this matched act from private and demands system of public participation, such as jury other types contrast, In proceedings. teeth to adversarial the fair trial, give right to a trials, which implement of the cultivate judicial independence—requirements proceedings, and rarel Constitution of Kazakhstan—have 50 C 50 T C Y 39262-cin_50-1 Sheet No. 58 Side A 58 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 58 Side B 07/06/2017 10:17:34 M K

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E.g. .R . .A .L How and why do some legal reforms take root while others fail? others fail? take root while legal reforms do some How why and This is 3 2 1 UM LEINFELD NLINE NLINE SSISTANCE TO ROMISE ROCHEV FORMATTED ROCHEV Judicial Reform in the Republic of Kazakhstan: A Review of Main Phases Main of A Review of Kazakhstan: Republic in the Reform Judicial NITIATIVE NDEPENDENCE IN and Kazakhstan in the Rule of Law Context Law of Rule the in and Kazakhstan Kanafin, , 8 P , 8 Concern? Criminal Cases in Central Asia: A Sign of Restorat A Sign Asia: in Central Criminal Cases in Kazakhstan Reforms Judicial Recent System: al., et Shin Marina (2002); 269–70 (Thomas Carothers ed., 2010). 2010). ed., Carothers (Thomas 2004.authcheckdam.pdf Independence in Kyrgyzstan and Kazakhstan:Legislative A Overview Suleimenova, [ over-torture-claims.html [ over-torture-claims.html P [ https://online.zakon.kz/Document/?doc_id=38412079 (2010), O A K U (2012); I I &H Kazakhstan Slammed Claims Over Torture Tugelbaev, Iskander 3HTF]; criminal cases. Conclusion Introduction T 108 (2008); Vera Axyonova, Axyonova, Vera (2008); Democratization a Comprehensive as Part of Initiative Law of Rule Union’s Strategy? Revival, This Article argues that the success of legal reforms is crucial to the existing to the is crucial legal reforms of that the success Article argues This legal system—law- within the power map courts, formal and informal relationshi and informal courts, formal and the incentives and traditions that shape these relationships. More that shape these relationships. and traditions and the incentives theit examines specifically, con cases in the past twenty- criminal has been processing criminal justice system justice criminal Kazakhstan’s in late-1991. since its independence five years www.americanbar.org/content/dam/aba/di an important question for question legalan important scientists, scholars, social and policy-makers the recent proliferationin of given international by supported through law i rule-of-law burgeoning reforms have not been seriously studied. Like many other non-democratic othernon-democratic many studied. Like seriously not been have reforms lack of for its been known has criminal justice system the country’s regimes, criminal trials of politicized torture cover-ups, judicial independence, officia political opponents, rogue government corruption. 39262-cin_50-1 Sheet No. 58 Side B 58 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 59 Side A 07/06/2017 10:17:34

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CONOMIC CONOMIC ROJECT RAVDA RAVDA ORMER ORMER TATISTICS ROCHEV FORMATTED ROCHEV USTICE IN IN USTICE https://perma.cc/X372-YJ9N M K functioning trials by mixed juries—ten lay judges and one professional and one judges mixed juries—ten lay by functioning trials producing an u been have judge—which decade. acquittals in the past Law of the Republic of Kazakhstan of Republic of the Law Konyrov, Konyrov, Kazakhstani businesses report higher confi businesses report higher Kazakhstani to a public that largely distruststo a public that largely judiciary. the www.eucj.kz/application/files/3014/7546/5284/Development_of_the_probation_in_ May visited (last [https://perma.cc/99TL-TNA8] Kazakhstan_ENG_RU.pdf Administration kazakhstan 22298/ [https://perma.cc/2ULT-DV5H] (last [https://perma.cc/2ULT-DV5H] 22298/ [https://perma.cc/FR7N-S79U]; -closes-7-prisons/ judges and prosecutors have many more closed cases than cases resulting in resulting in cases than closed cases more many have prosecutors judges and and and conviction, t indictment discretion. abolished the Soviet-era supervisory revi supervisory the Soviet-era abolished an gave investigation, which supplementary cases for criminal return of It prosecution. to the unfair advantage down empty ones due to the lack of detainees. It has also introduced introduced has also It to the lack of detainees. ones due empty down Asia. in Central the first time probation, for pre-trial including probation, and World Economic Forum, Kazakhstan’s judiciary rankings have been been rankings have judiciary Kazakhstan’s Forum, Economic and World improving. gradually F E P [https://perma.cc/5EU7-NP5Z]. media/wjp_rule_of_law_index_2016.pdf P (Aug. 19, 2016), [ 2016_08_19-1286879 Population Prison Reduces Significantly times.com/2016/11/k E see probation, On MB4E-33FH]. J Results of the Study the of Results S 2017 2017 Reconciliations and Convictions Between without population its prison reduced and pract of crimes registration T are 360,000 criminal cases registered annually. Official crime statistics are available at the official website of the Committee Statistics of Legal and Special Accounts of (CLS) theProcuracy General of the Republic of Kazakhstan. P Nikolai Kovalev, & Jackson Jury Traditional [ https://perma.cc/CGY9-77SK]. [https://perma.cc/CGY9-77SK]. legislation.com/document.fwx?rgn=92581 /en.tengrinews.kz/politics_sub/Kazakhstan-President-calls-to-zero-tolerance-for-crime competitiveness_report_2016-2017.pdf [https://perma.cc/8THA-X9FG]; W [https://perma.cc/8THA-X9FG]; competitiveness_report_2016-2017.pdf C Y 39262-cin_50-1 Sheet No. 59 Side A 59 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 59 Side B 07/06/2017 10:17:34 M K

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st first understand this how vate actors vate justice in criminal 159, 159 (2015). (2015). 159, 159 of reconciliation between the of reconciliation Third, lay judges may take part Third, layjudges may hose decided by jury trials. Part jury by decided hose ain. Part how these explores III

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first twenty years of post-Soviet of post-Soviet years first twenty ould also be systemat ould also investigators, stateinvestigators, and prosecutors, incentives and mutually-reinforcing and mutually-reinforcing incentives es help the Soviet-era avoidance of es help the Soviet-era arkable continuity of pre-trial detentions, of pre-trial arkable continuity n’s changing terrain of law-enforcement law-enforcement of terrain n’s changing RIMINOLOGY participation does not disrupt the existing disrupt the not does participation C

udges show no accusatorial bias and acquit bias accusatorial no udges show , IPSOS-MORI, https://www.ipsos.com/sites/default https://www.ipsos.com/sites/default IPSOS-MORI, , Cornell International Law Journal Journal Law International Cornell 50 Vol. Post-Soviet Criminal Justice: The Persistence of Distorted of Distorted Persistence The Criminal Justice: Post-Soviet

HEORETICAL

, 19 T But see Life in Kazakstan Life see But

Peter H. Solomon, Jr.,

. Mapping the Criminal Justice System in Kazakhstan: Legacies, in Kazakhstan: Justice System Criminal the Mapping In sum, to participate in processing criminal persons are allowed private In What if someone fell asleep in a courtroom of the fell asleepKazakh Soviet in a courtroom What if someone 10 ROCHEV FORMATTED ROCHEV /files/migrations/en-uk/files/Assets/Docs/Polls/life-in-kazakhstan-tables-2015.pdf[https:/ /perma.cc/64AZ-EVLX] (last visited May 18, 2017) (referencing pages 14, 41, 43, 62, 88, 88, 62, 43, 14, 41, pages (referencing 18, 2017) May visited (last /perma.cc/64AZ-EVLX] PDF). downloadable of 90 and article=10. article=10. while maintaining a low level of repression, Kazakhstan’s criminal justice justice criminal Kazakhstan’s repression, of maintainingwhile level a low of pri the participation expanded have reforms the extent that the to proceedings relationsdetectives, among amicable T 110 judges. out Kazakhsta Part lays I agencies and courts, relationships among and between them, and incentives and incentives them, between and among relationships courts, and agencies of interactions within modes and traditional the criminal justice Partsystem. of examines how this structure II relationships result in a rem informal period of “developed socialism,” the socialism,” “developed period of Neo-Inquisitorialism acquittals persist in handling grave criminal cases of public prosecution, in prosecution, public cases of criminal grave handling acquittals persist in t and prosecution private of contrast to cases informal incentiv relationships and informal without di in incentives, that the change explains IV indicating the failure in indicating the failure introducing at the pre- proceedings the adversarial the judges’ powers to det trial stage through among law-enforcement agents results in the and judges, of less law-enforcement skyrocketing among basis the on closed cases serious criminal defendant and the victim of crime. the victim defendant and prosecution private file cases of may individuals First, ways. cases in three in which j like libel and battery, of minor- victims Second, often than convict. more and medium-gravity with encouragement often with defendants, to reconcile are permitted crimes officials. law-enforcement or pressure from in jury trials of the defendants charged with grave crimes, but the criminal crimes, but the criminal grave trials defendants charged with of the in jury resists jury trials in single-judgejustice system trials. To and tends to convict one mu dynamics, differing understand these within the or disrupts the existing power relations participation improves criminal justice system. I. Incentives, Practices, and Outputs in a today, woke up and suddenly late 1980s Socialist Republic in the Kazakhstan? an independent of courtroom judges would Kazakhstani hand, and no. On the one The answer is, yes trials quick, addition to keeping familiar In ways. very in some behave w judges strictly-controlled, boring, and of the state prosecution in the criminal justice system. favor 39262-cin_50-1 Sheet No. 59 Side B 59 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 60 Side A 07/06/2017 10:17:34

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MISS note 12, at 168. 168. at 12, note - http://podrobno.uz/cat/obchestvo/v-proshlom-godu-v 2017), ODEKS ,E K

Table 8. Table 152, 152–53 (Mark Beissinger & Steven Kotkin eds., 2014). 2014). eds., Kotkin Steven & Beissinger (Mark 152–53 152, Table 2. Table supra supra

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See infra Ugolovnykh 62 Tys. Okolo Rassmotreno Bylo Uzbekistane v Gody V Proshlom Non- in Closed Cases Criminal in of Defendants Number the on Statistics Official Id. Trochev, Alexei See infra Trochev,

.U ...... On the other hand, Kazakhstani j Kazakhstani On the other hand, About 62 Thousand Criminal Cases Have Been Heard in Uzbekistan Last Year Last Uzbekistan in Heard Been Have Cases Criminal Thousand 62 About [ 15 16 17 18 11 12 13 14 ASTERN ODROBNOSTI ROCHEV FORMATTED ROCHEV M K P annually registered criminal cases, prosecutors and judges closed cases cases closed judges and registered criminal cases, prosecutors annually 2015. and 2011 between year every average on defendants against 2,100 proportion of reconciled cases to unreconciled cases, are much higher than in much to unreconciled cases, are proportion of reconciled cases states. In 2016, other post-Soviet and single person, a not acquitted defendants, cases against 84,118 criminal the (18%) on defendants 14,811 of cases against number high closed a record with the victim. basis of reconciliation judicial discretion and an introductijudicial discretion late socialist two judges continue to strengthen post-communist proceedings, of pre-trial approval justice near universal systems: of criminal legacies and of the accused, detention of acquittals. avoidance Del Grounds Exonerating reconciliation of basis on the closed cases Criminal 30, 2017). May visited FPH9] (last cases. closed all of 80% about constitute have the newly-acquired exclusive power to release the accused, yet they yet accused, the power to release exclusive the newly-acquired have 95% approve detention consistently extension of detention propo extension of detention l publictrials of in crimina (with prosecution defendants for judges to acquit like socialist-era judges did in acquittal)—much a 1% rate of no higher than of defendants. acquitted 1% about they the 1980s when closed some 40,000 cases, or one out of every three criminal cases, on the cases, on the three criminal of every out one or cases, 40,000 closed some and the accused reconcile to managed while judges basis of reconciliation, in four out of everythe victim E 2017 2017 Reconciliations and Convictions Between Soviet-era show consistently judges that demonstrate Kazakhstan and both pre-trial prosecution in with the state and side bias,” “accusatory proceedings. of criminal trial stages T (1997) (Kaz.), (1997) (Kaz.), less-serious crimes. Instead of proving the guilt of the accused, of proving crimes. Instead less-serious sending cases closing busy officials are law-enforcement these convicting, to trial and bet criminal cases due to reconciliation did codes criminal Soviet-era crimes. public prosecution on this basis. investigators and state prosecutors, and state prosecutors, investigators uzbekistane-bylo-rassmotreno-okolo-62-tys-ugolovnykh-del-/ uzbekistane-bylo-rassmotreno-okolo-62-tys-ugolovnykh-del-/ [ Z299]. Postcommunist Criminal Justice Criminal Postcommunist cc/DH5V-LA98] [hereinafter Code (1997)]. Criminal C Y 39262-cin_50-1 Sheet No. 60 Side A 60 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 60 Side B 07/06/2017 10:17:34 M K

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tion, a total of 2,703 criminal cases in criminal 2,703 of tion, a total reforms take root while others fail? others fail? take root while reforms pes of Soviet legacies. The first type is type pes of Soviet legacies. first The , 39 S (Nov. 11, 2014), http://www.interfax.by/news/ http://www.interfax.by/news/ 11, 2014), (Nov.

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,I (Feb. 24, 2015), 2015), 24, (Feb. N. Nazarbaev, Oboznachil Chetyre Napravleniia Uspeshnogo Uspeshnogo Napravleniia Chetyre Oboznachil Nazarbaev, N.

Has the New Kazakhstani Criminal Procedure Code Already Already Code Procedure Criminal Kazakhstani New the Has This type of legacy is formally entrenchedis formally in the legal of legacy This type RIALS RIALS T

http://sud.gov.kz/eng/content/chairmen-supreme-court-kazakhstan http://sud.gov.kz/eng/content/chairmen-supreme-court-kazakhstan 23 See id. See generally https://perma.cc/55KB-BZUU]. https://perma.cc/55KB-BZUU]. AIR ., , Peter, H. Solomon, Jr.,

[UPKCode] RK] (1997) [Criminal Procedural (Kaz.), ,F AZ As President Nazarbayev admitted in March 2015, “[w]e need to in March 2015, admitted PresidentAs Nazarbayev K Meanwhile, Belarusian investig Meanwhile,

21 Indira Kaumetova, Kaumetova, Indira See, e.g. Nurumov, Dmitri Will Criminals Be Allowed to Amicably Negotiate with the Victims? Legislative Legislative Victims? the with Negotiate Amicably to Allowed Be Criminals Will Id. of Kazakhstan Court Supreme of the Chairmen the of Summaries See

19 20 ...... By drawing on how Kazakhstan’s criminal justice system has processed has processed system justice criminal Kazakhstan’s on how drawing By Why do Kazakhstani judges almost al judges almost do Kazakhstani Why 22 23 24 19 20 21 AZAKHSTAN EPUBLIC EPUBLIC ROCHEV FORMATTED ROCHEV the-new-kazakhstani-criminal-procedure-code-already-fallen-short/ [https://perma.cc/ the-new-kazakhstani-criminal-procedure-code-already-fallen-short/ RG58-X5C4]. avoid being sentenced in the context of authoritarian political regime? political context of authoritarian in the being sentenced avoid More legal do some why and how broadly, pressures these Kazakhstan, cases. In criminal of handling quick encourage ty to two persist due and expectations in guard remains Here, the old fragmentation. of simple legacy a Soviet charge. criminal cases since gaining independence in late 1991, this Article argues this Article argues 1991, in late independence gaining cases since criminal to that the answer these questions lies ofin a relationshipsmix based on the the 1980s, did in they Like incentives. and post-communist legacy Soviet pressures and expectations and informal face a host of formal judges today acq both discourage which Criminal Procedural Code (1997)]; U (1997)]; Code Procedural Criminal and the Practice of Soviet Criminal Justice Criminal Soviet of Practice the and Dvizhenia k Svobode i Demokratii i Demokratii Svobode k Dvizhenia Movement towards Freedom and Democracy [https://perma.cc/X9SL-CDSB]. strategy2050.kz/ru/news/19022 Short? Fallen Draft and Opinions of Experts Opinions and Draft [ belarus/1172690 R Kazakhstani courts have been renamed, and the word “socialist” no longer “socialist” word the and renamed, been courts have Kazakhstani but the essential task cases remains precedes “legality,” of judges in criminal the Procuracy—the to support the same: state. the Soviet K Belarus, closing criminal cases on the basis of reconciliation has been has been of reconciliation basis on the cases criminal closing Belarus, is the trend The unpopular. increasingly reconcilia the basis of on judges closed, of first six in the cases months 479 and 2013, in 1,193 in 2012, 1,755 2011, 2014. T 112 framework of criminal proceedings, the Criminal Procedure Code, Procedure Criminal proceedings, the criminal of framework move away from the Soviet judi from away move of 523 criminal cases against 704 accused persons in the first ten months of ten first in the months persons against 704 accused cases of 523 criminal 2014. prosecution in criminal cases the same way they did under late socialism, did under late socialism, they way cases the same criminal prosecution in and actors to reach reconciliation time, encourage private while, at the same adilet.zan.kz/eng/docs/Z970000206_ [https://perma.cc/VK6D-YQFD] (last visited May 30, 2017).last six The chairmen have been appointedduring thepost-Soviet period all and yet made their careers in during law the Sovietperiod. 39262-cin_50-1 Sheet No. 60 Side B 60 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 61 Side A 07/06/2017 10:17:34

- 50 He One 113 113 [ 29

6/28/2017 5:26 PM translated in in translated

The message to the The message

(Feb. 7, 2017),https:// http://sud.gov.kz/eng/ ., http://sud.gov.kz/eng/ https://perma.cc/YVM3 28 It is also entrenched in entrenched is also It AZ K 25 in all rungs of the judiciary, ARAVAN https://zonakz.net/articles/34879 https://zonakz.net/articles/34879 State investigators and state state and State investigators EPUBLIC ], K ], Not a Single Government Official Had Had Official Government Single a Not [ .R 27 er by higher-ups giving orders to higher-ups giving er by Soviet-era indicator of the number indicatorof the number Soviet-era T ved training in period, ved the Soviet

itical bosses and law-enforcement law-enforcement itical bosses and of acquittals than convictions and and convictions acquittals than of .C of judges and prosecutors that never that never prosecutors of judges and held liable for telephone law.” According to the former Supreme Court Supreme the former to According UP ,S 26

(May 31, 2011), 31, (May cial performance through the importance the importance through cial performance

Nado by Kak-To Napomnit’ Vsem Iuristam, A Sud’iam Sud’iam A Iuristam, Vsem Napomnit’ Kak-To by Nado

] [hereinafter Criminal Procedural Code (2014)]. (2014)]. Code Procedural Criminal [hereinafter ]

2–6 (2015), http://www.tandfonline.com/toc/mrsd20/50/2 http://www.tandfonline.com/toc/mrsd20/50/2 2–6 (2015), AZTAG AZTAG ons of the Supreme Court. Supreme of the ons

small number of defendants. small number Ni Odnogo Chinovnika v Kazkahstane ne Privlekli k Privlekli ne Kazkahstane v Chinovnika Ni Odnogo

eaningful criminal justice reform would have to focus to focus have would justice reform eaningful criminal ], K ],

note 23, at 536. 536. at 23, note note 12, at 168. 168. at 12, note

, issues , ] (last visited May 30, 2017). 30, 2017). May visited ] (last https://perma.cc/9BC4-XAW3 supra supra

supra

ECISIONS [UPK RK] [Criminal Procedural Code] (2014) (Kaz.), (Kaz.), (2014) Code] Procedural [Criminal RK] [UPK

&D Rauf Toimatov, Advokat, Eks-Sud’ia Verkhovnogo Suda RK [Attorney, Ex- [Attorney, RK Suda Verkhovnogo Eks-Sud’ia Advokat, Toimatov, Rauf Trochev, Gubaidulin, Oleg See generally Normative Edicts Normative generally See Solomon,

. . . . . The second type of Soviet legacy, an embedded way of thinking and of and thinking way an embedded legacy, of Soviet type The second 27 28 29 25 26 v Pervuiu Ochered’ - Ochered’ Pervuiu v ‘Spravedlivost’ Kak Perevoditsia ‘Iusticiia’ Slovo Chto AZAKHSTAN TATUTES ROCHEV FORMATTED ROCHEV https://perma.cc/WBG7-H9HB M K Needs Somehow to Remind All Jurists, and Particularly Judges That the Word ‘Justice’ Is ‘Justice’ Word the That Judges and Particularly Jurists, All Remind to Somehow Needs Translated ‘Fairness’ As – [ [https://perma.cc/VM2Z-JD43]. K 2017 2017 Reconciliations and Convictions Between explanati guiding various T trial-level judges is clear: convict or have your Soviet-era trial-level Soviet-era or have indicator of judges is clear: your convict prosecutors remain the key actors in the criminal justice system justice still that view criminal actors in the the key remain prosecutors acquittals as unacceptable failures. denials of arrests and their best do They in Part III. as explained succeed, on appeal and often them to overturn recei of whom most Appellate judges, proportion higher a much overturn a acquit very themselves Judge Rauf Toimatov, statistics of the overturned sentences were the “face of the “face were statistics sentences the overturned of Toimatov, Rauf Judge not be spoiled.” that may our Themis defined “telephone law”—a Soviet-era practice and a corruption corruption and a practice Soviet-era law”—a defined “telephone an illegal abuse of pow mechanism—as www.caravan.kz/gazeta/ni-odnogo-chinovnika-v-kazakhstane-ne-privlekli-k- otvetstvennosti-za-telefonnoe-pravo-pakirdinov-389962/ [ S [ legislation/CAT01 the system of evaluating of the system judi sentencing,” of “stability attached to the appeal. on sentences of overturned Been Held Liable for Telephone Law - Law Telephone for Liable Held Been Pakirdinov Judge of the RK Supreme Court], Court], Supreme RK the of Judge - Pravo Telefonnoe za Otvetstvennosti Pakirdinov “stability of sentences” lowered with potential dismissal from the bench. It the bench. It with potential dismissal of sentences” lowered “stability from m is also clear that any on the discretion of prosecutors as well as appellate judges—those who who judges—those appellate as well as of prosecutors discretion on the for procedure. As criminal violating one former formal entrenched impunity working years about forty had spent judge, who a “Not lamented: recently administration, and presidential Procuracy in the official single government had been 6D2X]. 6D2X]. agencies. generation as a new Even oversee the functioning of the criminal justice system. criminal the the functioning of oversee justice criminal Kazakhstan’s present in is clearly It is less formal. behaving, of conserving and mechanism the informal a backbone of remains and system to pol deference reproducing judicial and agreements habits of mutual scene, old enter the worked in the Soviet-era persist. them among cover-ups of well- persist because part, they In C Y 39262-cin_50-1 Sheet No. 61 Side A 61 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 61 Side B 07/06/2017 10:17:34 M K

- Y C Y in ’ ON , 3, 3 OST

OL J.

(May .P RA

160–61 160–61 E 32 USTICE IN IN USTICE AGUE RIM J , 24.2 P , 24.2

The Model of Model The [ ODELL ODELL

NTERFAX NTERFAX 6/28/2017 5:26 PM ON I M (2012). (2012). , 6.2 H , 6.2 ORVERFAHREN IN IN ORVERFAHREN

REZHNEV REZHNEV .J. .J. V B clerks and judges’ clerks and judges’ UR

OLITICIZED OLITICIZED

Telephone Law’ and the the and Law’ Telephone

Under these policies, these Under KRAINE KRAINE ,P U 35

, 21 E , 21 Soviet Politicians and Criminal Criminal and Politicians Soviet

L. 241, 241–62 (2009); Tatiana OPOVA The Practice of Pretrial Detention Detention of Pretrial Practice The OWER IN THE

P P

and openly criticize the poor criticize the poor and openly

to the corrupt deals between deals between to the corrupt ULE ULE USSIA AND

en it comes to deciding criminal criminal to deciding en it comes law continues to exist because, in to exist because, continues law R R

figures tend the judicial in system, Telephone Justice in Russia Justice Telephone ARIA ARTY ese illegal ese illegal despite the fact requests, ON

M AS STRAFPROZESSUALEAS

:P note 12, at 154. 154. at 12, note J. D

e pool of trusted court 30 mes, and using the clearancemes, rate as the OURTS IN OURTS IN in 937, 949–50 (Anja Seibert-Fohr ed., 2012). 2012). ed., Seibert-Fohr (Anja 949–50 937, C

AGUE supra

], ONOLITH ,H Cornell International Law Journal Journal Law International Cornell 50 Vol. M

See generally Model’ Ugolovnogo Protsessa Kazakhstana Kazakhstana Protsessa Ugolovnogo Model’ TUDY OF These types of legacies are at work in most post- most in at work of legacies are types These

RANSITION T

33 :A S :A 34 Judicial Administration in Transitional Eastern Countries Eastern Transitional in Administration Judicial

RACKS IN THE THE IN RACKS Part III. C

in , EMOCRACIES For on more “telephone law,” see Kathryn Hendley, ‘ Defense attorneys, who, in theory, could expose the cover-ups have have could expose the cover-ups Defense in theory, attorneys, who, . 324, 324–50 (2008); Peter H. Solomon, Jr., Jr., Solomon, H. Peter (2008); 324–50 324, . D Dualism of Ukrainian Commercial Courts: Exploratory Study Exploratory Courts: Commercial of Ukrainian Dualism NDEPENDENCE IN NDEPENDENCE IN

FF I 31

See infra infra See Suleimenova, Gulnar Muller, Lydia Margaryan, Satenik & Khechumyan Aleksandr System Penitentiary Kazakh Asanov: Zhakyp General Prosecutor Deputy Kazakh Id. A

. 117, 130–31 (2015); Trochev, Trochev, (2015); 130–31 117, ...... L. 178, 178–201 (2014); Alena Ledeneva, Ledeneva, Alena (2014); 178, 178–201 L. Appellate judges who preserved their power to overturn acquittals, acquittals, power to overturn their preserved who Appellate judges Additionally, while judges frequently while Additionally, Moreover, Kazakhstan’s post-communist transformation added two new new added two transformation post-communist Kazakhstan’s Moreover,

ES 31 32 33 34 35 30 ULE ULE MERGING MERGING INQUISITORISCHEMENTRALASIEN ZWISCHEN UND ADVERSATORISCHEM OVIET ROCHEV FORMATTED ROCHEV UDICIAL communist countries. communist Criminal Procedure of Kazakhstan Procedure Criminal 2012). eds., Kudratov Manuchehr & Schroeder (Friedrich-Christian J Population, of Prison Number the to Reduce Changes Drastic Needs in Armenia: An Examination of the Role of the Soviet Legacy Soviet the of Role of the Examination An in Armenia: ‘Rule of Law’: The Russian Case Russian The of Law’: ‘Rule population while registeringpopulation while cri all has indicator of the law resulted in the performance key enforcement cases. to close criminal increased use of reconciliation thanks to the massive lobbying efforts of law-enforcement elites, do not elites, do law-enforcement efforts of lobbying thanks to the massive Prosecutions E Z &R R S subordinates on how to decide cases. decide cases. how to on subordinates that he and gave received He admitted to on how Procuracy in the on the bench and to his subordinates such orders telephone him, to According handle cases. to report. requires them that the law T 114 functionaries rarelypart, state report th (James Millar ed., 1992). 1992). ed., Millar (James Kyselova, Kyselova, investigators and the attorneys instead of high quality legal defense. of high quality instead and the attorneys investigators no real incentives to do so. As in the Soviet period, they are still in low they period, Soviet As in the to do so. no real incentives most in 2009) and attorneys 3,870 in from 2015, up (4,500 attorneys numbers officials their to receive of law-enforcement approval on the depend of them to the low-income ing legal aid provid the state budget for from payments suspects. often leads dependency This quality of the work of state of the work prosecutors, wh quality cases, judges tend to cover it up or give law-enforcement officials a second it up or give law-enforcement to cover cases, judges tend chance. pro-accusation incentives to the mix. Both the priority of reducing the prison reducing the of priority Both the to the mix. incentives pro-accusation assistants—insiders in the judicial with who are already system imbued the state prosecutors in and bosses of judicial the orders to conformity sense of criminal proceedings. praise judges who acquit as heroes protecting judicial independence. And And judicial independence. as heroes protecting acquit praise judges who remain important lastly, who court chairs, th to recruit judicial candidates from 39262-cin_50-1 Sheet No. 61 Side B 61 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 62 Side A 07/06/2017 10:17:34

- - - L ’ in EWS 115 115 NT I N

ENGRI ENGRI EFORM EFORM R

6/28/2017 5:26 PM ,T Prison Population Population Prison ENAL ENAL

,P [https://perma.cc/C6V6 PRI Central Asia Hosts Hosts Asia Central PRI ]; 2015), http://www.inform.kz/en/ http://www.inform.kz/en/ 2015), e a strong incentive to incentive work strong e a ting a full-blown investigation or or investigation a full-blown ting decisions, all bases are which of ith state prosecutors and appellate appellate and ith state prosecutors (Oct. 6, (Oct. oiding the acquittals (except for .org/news/pri-hosts-roundtable-draft-new Detention: A Remarkable ADetention: Remarkable

and why the new post-Soviet policy the new post-Soviet why and and the media’s sensational reports of and the media’s een judges and state prosecutors during een judges and state prosecutors during NFORM NFORM I AZ ng of judicial ,K

The Reform of Criminal Justice and Evolution of Judicial Judicial of Evolution and Justice of Criminal Reform The

prosecuting accused persons, and supervising the supervising and persons, accused prosecuting note 12, at 154. 154. at 12, note State prosecutors, however, may influence judges who influence judges who may however, State prosecutors, https://www.penalreform 36 supra supra

Kazakhstan President Calls to Zero Tolerance for Crime for Tolerance Zero to Calls President Kazakhstan Todd Foglesong, Foglesong, Todd The rest of this Article analyzes the remarkableThe rest of this Articlein the continuity analyzes

38 37 Trochev, Id. See 2013), https://en.tengrinews.kz/politics_sub/Kazakhstan-President-calls-to-zero 2013), . . . Wholesale Approval of Pre-Trial ofWholesale Approval Pre-Trial Another pro-reconciliation for judges is protecting incentive their Another pro-reconciliation The informal relationships betw The informal 36 37 38 ROCHEV FORMATTED ROCHEV M K resocialisation-strategy-kazakhstan/ resocialisation-strategy-kazakhstan/ [https://perma.cc/PFN5-MLYP]; in Kazakhstan Reduced to 41,000 judicial bribery. As a result, trial strengthen judges their existing friendships w and relationships, loyalties, judges. for potential dismissal,if judgesstate prosecutors over disagree with the little protection against unfounded Judges have detentions or convictions. the politicians’ of the judiciary, distrust public’s of the accusations in the face for corruption,them haste to blame careers. prestigious. Judges often and more better paid Judgeship is now era, but judges receive now professions in the Soviet between switched it too that benefits for themmake attractive retirement generous salaries with to change careers. patterns of pre-trial detentions, demonstrates the impact of this mix of Soviet of of Soviet impact the this mix detentions, demonstrates patterns of pre-trial (Sep. 2, 6, 2016), (Sept. tolerance-for-crime-22298/ tolerance-for-crime-22298/ [https://perma.cc/SD37-6DEK disagree with them because they could bring charges of incompetence, bring charges of incompetence, could because they them disagree with and selli suspicious leniency, https://perma.cc/ [https://perma.cc/ https://www.interfax.kz/?lang=eng&int_id=13&news_id=87 2014), 45UA-UGK2]; prison-population-in-kazakhstan-reduced-to-41-000_a2825487 2017 2017 Reconciliations and Convictions Between prosecutors, investigators, hav judges and U8LT]. T Reconciliation reconcile. and the accused to the victim convince together to than conduc risky and is less labor-intensive a trial. the careers reconciliation the cancel if appellate courts Additionally, harmed. not are and judges, prosecutors, of investigators, Roundtable on a Draft New Resocialisation Strategy in Kazakhstan in Strategy Resocialisation New a Draft on Roundtable legacy and post-Soviet incentives on av and post-Soviet legacy fledgling jury trials), how and explores fledgling jury of closing criminal cases on the basis of reconciliation fits well of closing criminal cases on the basis with the community. existing relationships within the law-enforcement II. Continuity have been remarkably the first two decades of independent Kazakhstan stable. witnessed of the USSR last in the justice system years criminal The in charge (the centralized state agency Procuracy the of domination both the detaining and of both work) and thein courts judiciary’s increasing role of appellate level local sanctions of career-related judicial discipline through maintaining judges. C Y 39262-cin_50-1 Sheet No. 62 Side A 62 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 62 Side B 07/06/2017 10:17:34 M K

, , / C Y OWER -

6/28/2017 5:26 PM , at 66–67, U.N. https://perma.cc . (Jan. 15, 2016), 2016), 15, (Jan. . AZ , 1864-1996: P , 1864-1996: K RENDS

USSIA note34, at 127 (noting that R

EPUBLIC RISON RISON P .R FF O - http://www.prisonstudies.org/highest USTICE IN USTICE IN J , S llenge that was made visible by visible made llenge that was ’ One reason for this rapid decline of Kazakhstan’s Authoritarian “Persuasion” Authoritarian Kazakhstan’s 282, 287–88, 303 (Peter Solomon, Jr. ed., ed., Jr. Solomon, (Peter 303 287–88, 282,

RIEF countries with of the highest number 44 B

RDER RDER EFORMING EFORMING O R RISON RISON

ROSECUTOR P NCARCERATION AND NCARCERATION AND I in .P

Cornell International Law Journal Journal Law International Cornell 50 Vol. , EGAL EN As of November 2016, Kazakhstan’s prison prison Kazakhstan’s 2016, November of As L ORLD ORLD

y-second highest in the world at 221 prisoners per per at 221 prisoners the world in highest y-second total?field_region_taxonomy_tid=All [ total?field_region_taxonomy_tid=All ,G LOBAL Until 2013, investigators—most of whom work in the work of whom Until investigators—most 2013, ,W 42 41 ,G 39 IMITS OF . 45, 49–50 (2012) (explaining that the Organization for Security and and Security for Organization the that (explaining (2012) 45, 49–50 . L

FF supra supra Margaryan & Khechumyan III; Part A capita.

ALMSLEY at 287. 287. at As Kazakhstan’s then Procurator General Askhat Daulbayev Daulbayev Askhat General Procurator then As Kazakhstan’s

W Edward Schatz & Elena Maltseva, 43 Naturally, having the accused in custody makes investigating the investigating makes in custody the accused having Naturally, AND THE OVIET OY , Highest to Lowest to Highest of the Board the of Meeting Enlarged at the Remarks Opening Daulbayev, Askhat See id. See infra See -S 40 .R . . . . . The collapse of both communism and the Soviet Union did little to break break little to did Union the Soviet and communism both of collapse The In the early 2000s, with 591 prisoners per 100,000 inhabitants, inhabitants, 100,000 591 prisoners per with 2000s, the early In OST 42 43 44 39 40 41 ULTURE ROCHEV FORMATTED ROCHEV General Prosecutor’s Office Prosecutor’s General http://prokuror.gov.kz/rus/novosti/press-releasy/vstupitelnoe-slovo-generalnogo prokurora-ashata-daulbaeva-na-rasshirennom-0 [https://perma.cc/S3FD-YLBT]. 1997) (explaining that rates of reversal affect a judge’s performance rating and that broad appellate review gave the highercourts considerable influence over lower courts). evaluations enforcement of law and prosecutors are basedon clearance rates and on overreliance leads to crimes to solve capacity institutional weak but convictions, crimes). unsolvable obviously more the register to failure and confessions 28 P 28 (2003). E.04.IV.5 No, Sales proudly announced on January 15, 2016, Kazakhstan’s prison population fell population prison Kazakhstan’s 15, 2016, January on announced proudly “on par country and placed the the first time,” “for to 39,945 below 40,000 the countries.” with leading European prison population from almost 85,000 in 2002 to less than 50,000 in 2014 is in 2014 50,000 to less than 85,000 in 2002 almost prison population from less frequent. detention became that pre-trial the declining shows Table 1 before trial. in custody of defendants held number Dependence in Late Soviet Russia C to-lowest/prison-population- 84EA-C4X2] (last visited Nov. 13. 2016). this structure of incentives—quantitative Soviet- the of incentives—quantitative this structure indicators inherited from enforcement law of performance tools for assessing the key era remain judges. agencies and T 116 Kazakhstan was one of the top five five one of the top was Kazakhstan prisoners per population rate is the sixt population rate is the of rates population prison than the lower is (which inhabitants 100,000 and Latvia, Lithuania, Azerbaijan, Belarus, Russia, Turkmenistan, Ukraine). crime and completing the criminal case much easier. At the same time, time, At easier. the same case much the criminal and completing crime which of reducing its prison population, faced the challenge Kazakhstan cha custody—a in held included persons international shaming. Cooperation promotes Western democracy though human rights and election monitoring monitoring election and rights human though democracy Western promotes Cooperation mechanisms, so whenauthoritarian Kazakhstan became their other the members chair demanded that Kazakhstan promote political liberalization reforms). police force—were rewarded based on the numbers of criminal cases sent to cases of criminal on the numbers based rewarded police force—were court. 39262-cin_50-1 Sheet No. 62 Side B 62 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 63 Side A 07/06/2017 10:17:34

117 117 6/28/2017 5:26 PM 45 As expected, the As expected, 55 50 38 33 32 113 49

(per 100,000 of 100,000 (per 13.2016). national population) population) national On August 30, 2008, judges judges 30, 2008, August On note 3. Pre-trial/Remand Population Rate Population Pre-trial/Remand 46 note 24. 24. note (6,928 accused) and denied 2% denied and accused) (6,928 http://www.prisonstudies.org/country/ http://www.prisonstudies.org/country/ supra

Between 2009 and 2014, judges judges 2014, and 2009 Between have been approved in 2015, and and in 2015, approved been have ], , e detention requests in a separate e detention requests supra supra

48 ast decade clearly shows, procurators procurators shows, clearly decade ast RIEF B erage, procurators approved about 94% of erage, procurators approved 50 TATISTICS S

21.1% 21.1% 15.8% 12.5% 13.2% 14.1% 14.5% of Total Total of RISON RISON Percentage accused). P Not surprisingly, this limited discretion to detain OURT

Prison Population Population Prison C 47

ORLD ORLD note 12, at 156. 156. at 12, note FFICIAL ,W [O

supra

Table 1. Pre-trial detainees in Kazakhstan, 2000–2015 7,903 7,903 6,601 5,775 8,324 8,324 5,680 5,680 16,498 16,498 [https://perma.cc/K2SB-SD7K] (last visited Nov. Number in Number ; Criminal Procedural Code (1997), (1997), Code Procedural ; Criminal Imprisonment Imprisonment RAVSTAT RAVSTAT Kazakhstan Trochev, Id. Id. Id. Pre-trial/Remand Pre-trial/Remand . . . .P . . By contrast, the change in incentives for procurators did make a for procurators did make incentives contrast, the change in By Prior to August 30, 2008, Kazakhstani procurators formally shared with procurators formally Kazakhstani 2008, PriorAugust 30, to 45 46 47 48 49 50 Year 2000 2000 2010 2014 2015 2016 2005 2005 ROCHEV FORMATTED ROCHEV M K gained the exclusive power to approv power gained the exclusive and the state procurator attorney, the defense hearing with the accused, present. to not allowed 2015, judges were choose until January Importantly, the approve or deny could only accused; they of the regime the pre-trial request of the procurator. did not result in change on the ground. In the remainder of 2008, Kazakhstani Kazakhstani of 2008, the remainder In ground. on the did not result in change requests detention of 98% judges approved of detention requests (144 of detention requests (144 95.3% (11,632 detained) in 2016. 95.3% (11,632 2014 Criminal Procedure Code and the newly appointed investigative judges appointed investigative and the newly Procedure Code 2014 Criminal a difference: 94.7% did not make requests detention in charge of approving requests of detention detained) (11,528 difference in the patterns of pre-trial detention. As the falling numbers of falling numbers detention. As the pre-trial patterns of difference in the 2017 2017 Reconciliations and Convictions Between T judges the power to approve pre-trial detention, while pre-trial practicein judges the power to approve procurators detentions. most Onapproved av investigators. by detentions requested pre-trial Kazakhstan on requests: 96% in both 2009 (24,137 detained) detained) (24,137 2009 both 96% in detention requests: approved consistently in 2013 94.4% detained), (10,318 94.5% in 2012 detained), (19,457 and 2010 detained). (12,148 in 2014 97.2% and detained), (13,568 detained defendants throughout the l throughout detained defendants C Y 39262-cin_50-1 Sheet No. 63 Side A 63 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 63 Side B 07/06/2017 10:17:34 M K

C Y For

114 (2010)

57 6/28/2017 5:26 PM ORLD W

Main Capital– Good Internet Will Come to to Come Will Internet defendants. [ [

judges to obtain complete obtain complete to judges

procurators now scrutinize the nst requesting detention comes comes detention nst requesting As Table 1 shows, at the end of of at the end 1 shows, Table As ention cells, and released 13,421 13,421 ention cells, and released trial were detention released due to

(3,552) of detention requests, released (3,552) of detention UNISHMENT AROUND THE AROUND UNISHMENT , at 4 (Jan. 15, 2011). 2011). 15, 4 (Jan. , at the prosecutors and the prosecutors P ng evidence against the accused. In one one In accused. against the ng evidence

Then Supreme Court Chairman, Musabek Chairman, Court Supreme Then note 43. note 55 (Sep. 23, 2010). 2010). 23, (Sep. RAVDA r detentions from his subordinates. his subordinates. r detentions from P Cornell International Law Journal Journal Law International Cornell 50 Vol.

RIME AND AND RIME Glavnyi Kapital – Dobroe Imia – Imia Dobroe Kapital Glavnyi supra supra , RAVDA RAVDA P

, 3 C Na PomoshchFemide Pridet Internet The new Criminal Procedure Code in force since 2015 force since in Code Procedure Criminal new The

This trend indicates that 51 Importantly, in practice, neither judges nor procurators face in practice, Importantly, EWMAN 52 the detention hearing. the detention 54 N

AZAKHSTANSKAIA ], K ], RAEME RAEME AZAKHSTANSKAIA Id. Id. Shevchenko, Viktoriia Id. SeeHighest Lowest to .Olga Semenova, . . .G Semenova, . .Olga . . ], K ],

Another incentive that may works agai works that may incentive Another Monitoring of detention hearings by domestic and international human human and international domestic by hearings Monitoring of detention 51 52 53 54 55 56 57 ROCHEV FORMATTED ROCHEV work of investigators more attentively than they did ten years ago when ago when did ten years than they more attentively work of investigators the detention of for the approval to ask for a judge’s have procurators did not accused. do not motivate habeas corpus protections judge-enforced But scrutiny. this heightened procurators to conduct this Instead, to ask hesitation from comes top. the mostly judges for detention The Procurator General has prison is helping to reduce agency his how President on to report to the insists on fewe population and from corrupt deals struck between corrupt deals struck between from Name 2015, those detained made up 14% of prisoners, as compared to 18% in in to 18% as compared prisoners, of up 14% made detained those 2015, Azerbaijan. 17% in and in Ukraine, 24% in Belarus, Russia, 19% any penalties for detaining someone who is subsequently released from subsequently is who penalties for detaining someone any in 2010, example, trial. For the before cases criminal due to closed custody held in pre- three out of ten defendants example, one seasoned judge complained that he received many phone calls that he received many complained one seasoned judge example, of one well-connected the release demanding gangster the higher-ups from detention. from (reporting that corruption prosecutors “of is a real concernin Kazakhstan”). Help Themis expanded discretion of procurators even further. In 2015, procurators denied denied procurators 2015, In further. even of procurators discretion expanded 74 wrongfully requests, released detention of 21% (2,306) support for on bail. accused 15,766 cells, and released detention from arrested persons 31% denied support for 2016, they In 462 wrongfully arrested persons from det arrested persons from 462 wrongfully accused on bail. Alimbekov, argued that judges should be held responsible for unjustified for unjustified responsible held be should judges argued that Alimbekov, after empowering only detentions—but the and removing defendant and the accusations about the information procurator from out of three cases, law-enforcement officials did not even try to justifythe try officials did not even law-enforcement cases, out of three rights observers showed that Kazakhstani judges agree to detain for reasons judges agree to detain for reasons showed that rights observers Kazakhstani of convinci existence other than the have been sending fewer detention requests to judges. For example, in 2012, 2012, in example, For judges. to requests detention fewer sending been have that investigators (1,090) of detentions 10% refused to support procurators than 1% of all arrest in less or requested house bail asked for and asked for measures. coercive T 118 their criminal case being closed. their criminal case being 39262-cin_50-1 Sheet No. 63 Side B 63 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 64 Side A 07/06/2017 10:17:34

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(Dec. 3, 2013), 2013), 3, (Dec. 29 (2011), http://www.bureau.kz/data.php?n_id=3010&l=ru [https:/ [https:/ http://www.bureau.kz/data.php?n_id=3010&l=ru 29 (2011), ANCTIONING OFANCTIONING a Arest Dolzhna Byt’ Obosnovannoi Obosnovannoi Byt’ Dolzhna a Arest

61 ANCTIONING OFANCTIONING S https://perma.cc/38XR-E3QM]. https://perma.cc/38XR-E3QM]. ɬ , Zhaksylyk Alanov, S

According to the Letter of the Law the of Letter the to According As the chairman of the Pavlodar City Court No.2, Aslambek Aslambek Court No.2, City Pavlodar of the chairman As the STANA ONDUCTED IN THE THE IN ONDUCTED [ EPORT AKON C A R

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., S 61 62 63 58 59 60 ONITORING ONITORING NALYTICAL NALYTICAL TS ROCHEV FORMATTED ROCHEV M K perma.cc/JMZ4-E2CT]. perma.cc/JMZ4-E2CT]. dolzhna-byt.html [ dolzhna-byt.html Rassmotrenii Sudami Khodataistv Prokurora o Sanktsionirovanii Mery Presecheniia v Presecheniia Mery o Sanktsionirovanii Prokurora Khodataistv Sudami Rassmotrenii Zakona Narusheniia Otdel’nye Dopuskaiutsia Aresta Vide Bukve Zakona Grounded Detention Procurator’s of Consideration Judicial during Occur Law of Violations Some Requests Diias [https://perma.cc/6RZG-8BUG]; ?doc_id=31355340 A the reason for this wholesale approval: if the accused are later nowhere to be if the reason for this wholesale approval: are the accused punished via are automatically accused the release who found, judges R M 2013), [https://perma.cc/E5V6-3ZKB]. 2017 2017 Reconciliations and Convictions Between approved arrests—judges of necessity T and if the procurator keeps silent and if the procurator if they contain falsified timing of the initial arrest (seventy-two hours is the contain falsifiedif they timing (seventy-two of the initial arrest wi arrest length of maximum reasoning for the no requests contain if detention arrest of the accused, requires Code Procedure detention (Criminal situations, judges issue formal warnings to the procurators, still approve yet been have that “measures respond procurators turn, In the detention requests. continue to falsify data taken” to address these warnings, yet in the detention reasons for to fail to provide requests and of the accused. due process rights 58, at 53; see 53; 58, at /perma.cc/Z6K5-M8R8]; AND of the severity of crime—contrary to the standard of the Supreme Court Court of the Supreme the standard to of crime—contrary of the severity for approving of crimecannot be the grounds alone the severity holding that detention. seven cases law enforcement officials justifie cases law enforcement seven Mergaliev, confirmed at the end of 2013: “[I]n our work we sometimes face we sometimes our work “[I]n of 2013: at the end confirmed Mergaliev, crime will automatically grave of a is accused who that someone an opinion be kept in custody.” cases, judges failed to ask the defendant if she or he suffered from illegal from suffered or he she if the defendant failed to ask cases, judges (procurators of investigation methods cases). observed 54. C Y 39262-cin_50-1 Sheet No. 64 Side A 64 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 64 Side B 07/06/2017 10:17:34 M K

C Y

This This 64

6/28/2017 5:26 PM

, OKO (Nov. 9, 2011), (Nov. 9, 2011), OKO , cording to this former to this former cording

r-provincial variation in variation r-provincial note 3.

e 2 shows. A trial-level former supra

procurators request fewer yet well- yet fewer procurators request law enforcement officials. enforcement law TATISTICS ed by S

Cornell International Law Journal Journal Law International Cornell 50 Vol. tion requests. This variation does not always always does not variation tion requests. This

OURT 66 Enough Producing the Arrested! the Producing Enough note 15, art. 350.

supra supra FFICIAL

Table 2 also shows a growing inte a growing shows Table 2 also [O

RAVSTAT RAVSTAT Svetlana Merkulova, Merkulova, Svetlana 350 of Article Under 2014). (Apr. Kaz. in Astana, Judge, Former with Interview

. . .P Figure 1.Map of Kazakhstan Knowingly illegal sentencing by a judge (judges) decision or another judicial judicial or another decision (judges) judge a by sentencing illegal 1. Knowingly hundred to seven hundred five from ranging a fine by punished be shall act, to up period a for liberty of deprivation the or with indices calculation monthly a practice to or posts specific hold to right the of deprivation the with years five specific activity a periodfor three up to years. 64 65 66 ROCHEV FORMATTED ROCHEV Criminal Code (1997), (1997), Code Criminal the then in force Criminal Code the of Republicof Kazakhstan: disciplinary proceedings initiat proceedings disciplinary T 120 incentive is strong in the courts of his province, which disagreed with only only with disagreed which of his province, in the courts is strong incentive Tabl as detention requests, 2% of pre-trial wholesale approval of deten approval wholesale reasoned detentions. and East in Atyrau, Kazakhstan, judges example, For the same fewer requests deny now receive yet provinces Karaganda them. proportion (10%) of depend on the numbers of requested detentions, which have been rising in the rising been have which of requested detentions, on the numbers depend and Astana. Almaty of largest urban centers no 2 also provide Table Data in that the claim support to clear evidence http://www.oko.kz/uridicheskiy-klub/chvatit-plodit-arestantov. http://www.oko.kz/uridicheskiy-klub/chvatit-plodit-arestantov. judge from the Pavlodar Province confirms that a judge who dares to deny a that dares to deny confirms who a judge Province Pavlodar the judge from responsible the accused the disappearing of for request is personally detention corruption. Acof judicial to the suspicion in addition situation charged in this for any be criminally judge could judge, “virtually of Code Criminal 1997 of the Article 350 act under issuing illegal judicial Kazakhstan.” 39262-cin_50-1 Sheet No. 64 Side B 64 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 65 Side A 07/06/2017 10:17:34

121 121 659 (97%) 390 (98%) (98%) 390 419 (97%) (97%) 419 895 (95%) (95%) 895 496 (96%) (96%) 496 373 (94%) (94%) 373 419 (95%) 499 (96%) 273 (97%) 235 (93%) (93%) 235 659 (90%) (90%) 659 Indeed, as Indeed, 307 (100%) 2,283 (95%) (95%) 2,283 1,382 (95%) 1,262 (91%) 1,006 (94%) 6/28/2017 5:26 PM 68

460 (99%) (99%) 460 396 (99%) 410 (93%) (93%) 410 505 (91%) (91%) 505 454 (98%) (98%) 454 276 (93%) 439 (97%) 358 (92%) 258 (93%) (93%) 258 774 (97%) (97%) 774 937 (95%) 1,071 (98%) 1,120 (97%) (97%) 1,120 1,833 (98%) (98%) 1,833 1,571 (98%) 1,253 (89%) note 3. 67 ries, which introduced judicial judicial introduced ries, which supra scrutinizing them. Meanwhile, Meanwhile, scrutinizing them.

981 (96%) 436 (98%) (98%) 436 425 (93%) 398 (93%) (93%) 398 477 (97%) (97%) 477 557 (97%) (97%) 557 384 (95%) 537 (98%) 421 (95%) 316 (95%) (95%) 316 929 (94%) 777 (92%) (92%) 777 1303 (94%) 2,392 (98%) (98%) 2,392 1,624 (86%) 1,555 (95%) ], judicial empowerment would not would judicial empowerment play the same role as procurators did role as procurators the same play

TATISTICS S

419 (98%) (98%) 419 495 (96%) 395 (95%) (95%) 395 478 (95%) (95%) 478 602 (96%) (96%) 602 386 (93%) 596 (97%) 411 (99%) 868 (90%) (94%) 353 902 (90%) (90%) 902 1,147 (97%) 1,219 (96%) (96%) 1,219 1,697 (97%) (97%) 1,697 1,511 (89%) 1,396 (96%)

OURT serious checks of detention requests. C

2011 2012 2013 2014 2015 note 12, at 164. 164. at 12, supra note FFICIAL

490 (98%) (98%) 490 562 (93%) 423 (97%) (97%) 423 405 (96%) (96%) 405 612 (94%) (94%) 612 333 (95%) 707 (96%) 404 (97%) 774 (94%) (93%) 376 987 (90%) (90%) 987 1,336 (97%) 1,281 (95%) (95%) 1,281 1,949 (95%) (95%) 1,949 1,477 (91%) 1,227 (95%) [O

Trochev, Trochev, RAVSTAT RAVSTAT See

.P . In short, the transfer of the power to detain from the procurators to judges to detain from power short, the transfer of the In 67 68 ROCHEV FORMATTED ROCHEV Aktobe Aktobe PROVINCE North Kazakhstan Almaty Province Pavlodar West Kazakhstan Kyzyl-Orda Akmola Akmola Mangistau Karaganda Almaty City Kostanay Kostanay Astana City Atyrau East Kazakhstan South Kazakhstan Zhambyl M K necessarily result in necessarily more procurators no longer prioritize pre-trial detentions in order to follow the to follow the in order detentions pre-trial prioritize longer procurators no in PresidentNazarbayev by set population prison the official line of reducing judicial to have Kazakhstan’s chiefs seem response to international shaming. count other post-communist learned from that prior to 2008, arrest warrants did not make much difference. Judges difference. much did not make nor the latter are interested in attentively prior to 2008: neither the former serious or paying and investigators of detectives scrutinizing the work approve judges Now attorneys. of defense arguments attention to the as detention with the same procurators did in thefrequency past: processing of carefully detention requests instead prosecution (closing cases, sending them back to the back to them sending prosecution (closing cases, criminal the outputs of criminal cases and process judges show, issuing sentences) and prosecutors, the criminal justice system. junior partners in remain 2017 2017 Reconciliations and Convictions Between 2.Table Pre-trialDetentions (Total Number anda Percentage as Detention of All Requests) in Kazakhstan, 2011–2015, by Province, in the Order Declining of Rate of T Judicial Approval of Detention Requests in 2015 C Y 39262-cin_50-1 Sheet No. 65 Side A 65 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 65 Side B 07/06/2017 10:17:34 M K

], C Y

Acquittals

75 6/28/2017 5:26 PM 107–13 (1996). (1996). 107–13

YSTEM YSTEM S When Justice is Meted Out is Meted Justice When

[

EGAL L

http://inkaraganda.kz/articles/105715 http://inkaraganda.kz/articles/105715 note 24. note 24. s at the request of the procurators, of the procurators, s at the request from at 9% in 1945 to less than 1% s “fully, objectively[,] and in all- objectively[,] s “fully, USSIAN USSIAN In practice, however, investigators, investigators, however, practice, In R

supra supra supra 70 him to transform himself from a procurator from himself transform to him unist Party bosses, were strongly expected unist Party strongly bosses, were

A former judge from the city of Semipalatinsk of Semipalatinsk the city from judge A former

Cornell International Law Journal Journal Law International Cornell 50 Vol. 73

(Apr. 22, 2014), 22, (Apr.

]. EFORMING THE THE EFORMING Kogda Vershitsja Pravosudie Pravosudie Vershitsja Kogda Soviet judges, whose salaries and careers depended depended careers and salaries judges, whose Soviet

note 54. 54. note 74 ,R 72

I shudder to recall how I felt. I risked my honor and dignity. dignity. honor and I risked I my felt. recall how I shudder to This requirement has been preserved in Article 24 of the of Article 24 in preserved has been requirement This

supra MITH 69 ARAGANDA acquittal. K B. S B.

The research on Soviet criminal justice during late socialism has during late socialism justice criminal Soviet on research The 71

ORDON

Criminal Procedural Code (1997), (1997), Code Procedural Criminal (2014), Code Procedural Criminal Shevchenko, 539–40. at 23, supranote (1987), Solomon Id. Farkhat Kinzhitaev, ...... G Avoiding Exoneration and Acquittals as in the Soviet Period Period Acquittals the Soviet as in and Exoneration Avoiding Judge Mardanov’s example, however, was very rare. very was however, example, Mardanov’s Judge often, Most Article 24 of the 1997 Criminal Procedure Code (much like its Soviet- like (much Code Procedure Criminal 1997 of the Article 24 69 70 71 72 73 74 75 And I was pleased when I learned that the Supreme Court of the Kazakh Soviet our confirmed procurator, the of appeal the reviewed having Republic, Socialist pressured been had Court Supreme the later, learned have I as Although, sentence. the to overturn I presided in a trial against twenty-five personsthe in case of a group from theft the local wool factory. a famous It was case, in which investigation lasted nine months, and one the of accused half was in custody. CentralThe Committee of the law- and Province, of the Committee Party the Party, Communist Republic’s enforcement organs closelymonitored the trial. boss[said], My answer “You with sentence.” the of validity and legality on for head orders your no were there But problems The to whom. to give imprisonment of years many how and to judge how courtroom. in the free set been had they and persons four acquitted I had after began Detectives, investigators, and procurators started a fuss because theywould not in an acquittal issuing And indictment. wrongful heads for receive a pat their on Now, one. business. difficult risky a a was was days judgment those that Honestly, years, many so after ROCHEV FORMATTED ROCHEV NDUSTRIALNAIA Askar Mardanov describes what happened after he had acquitted four persons after he had acquitted describes what happened Askar Mardanov in late 1980s: I 2014 Criminal Code. Procedure 2014 Criminal III. judges to explore and prosecutors, investigators, required era predecessor) fact exonerating and both incriminating manner.” rounded T 122 cassation courts would overturn acquittal overturn cassation courts would who had a much stronger influence on Communist Party bosses. Communist stronger influence on who had a much on the Justice and Comm Ministry to convict the accused or, in cases with shoddy evidence, to convict on less on less evidence, to convict shoddy the accused or, in cases with to convict for to procurators cases back to return or charges, harsh criminal the effect giving the trial—in of investigation end the at supplementary chance. second prosecution a [https://perma.cc/2W5R-JGZ4 prosecutors, and judges rarely seek out or pay attention to exonerating attention to exonerating pay seek out or rarely judges prosecutors, and years, for twenty Procuracy in worked who judge As one evidence. bias,” and built-in structure has accusatory confessed, “this law-enforcement difficult for it was psychologically to a judge. documented the decline of acquittal rates documented era. Soviet the end of 39262-cin_50-1 Sheet No. 65 Side B 65 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 66 Side A 07/06/2017 10:17:34

123 123 2016 82 RAVSTAT RAVSTAT P 2015 see

6/28/2017 5:26 PM 2014

overturned on appeal by on appeal overturned 2013 me registration and zero zero registration and me note 3. For comparison, data for for data comparison, 3. For note . 217, 220 (2015); (2015); 220 217, . as the only indicator of their as the only CI Meanwhile, cassation courts cassation courts Meanwhile, .S supra supra

2012 OC 78 ], J. S

began rewarding their subordinates for began rewarding their in 2013 alone, state prosecutors closed alone, state in 2013 2011 bosses. TATISTICS serious repercussions for the careers of the careers for serious repercussions note 3. note S

note 23, at 533–34. 533–34. at 23, note 2010 insisting on total cri on total insisting 79 OURT supra supra

EDITERRANEAN C Procuracy chiefs did thisProcuracy in order a to low maintain ], Many acquittals would be be Manyacquittals would 80 supra

77 note 12,153. at 2009 As shown below, this jumpbelow, this resulted in fewerAs shown cases closed FFICIAL TATISTICS 81 [O

Acquittals were also extraordinary for Acquittals also extraordinary judges, were the in who, S supra

76 2008 OURT at 537. 537. at 546. at C

RAVSTAT RAVSTAT Id. Id. Id. Trochev, in the Observance Rights of Human Supervision Bainur Baigeldi, Prosecutor’s Solomon (1987), (1987), Solomon ...... P . Fast-forward a quarter of a century. As Table 3 shows, until 2013, As Table 3 shows, quarter of a century. a Fast-forward 77 78 79 80 81 82 76 FFICIAL ROCHEV FORMATTED ROCHEV M K on exonerating grounds by judges at the trial stage. by grounds on exonerating , 6 M Kazakhstan of Republic cassation courts at the request of the procurators, who had a much stronger stronger much a had who procurators, of the request at the courts cassation Party on Communist influence acquitted extremely rarely. acquitted extremely event of an acquittal, would be acting as whistleblowers in a closed law in a closed as whistleblowers be acting would acquittal, of an event system. enforcement tolerance for crimes. As a result, procurators on the ground began closing procurators on the ground began Astolerance for crimes. a result, courts for trial. to 2013, In instead them of sending frequently cases more chiefs went furtherProcuracy and for performing or, in essence, grounds, closing criminal cases on exonerating and detectives of police of the job check the first external and meaningful shows, As 3 Table investigators. six in the previous than grounds—more on exonerating cases criminal 18,346 combined. years prison population while while prison population [O Table 3. Procurators’ Decisions in Criminal Cases in Kazakhstan, 2008–2016 T 2017 Reconciliations and Convictions Between were extraordinary events and were considered equivalent to a failure of the of to a failure events equivalent considered and were extraordinary were with potentially prosecution, procurators. Kazakhstani procurators exonerated defendants in no more than 3% of more no in procurators exonerated defendants Kazakhstani criminal cases. Until cases that resulted of 2012, the in conviction— number criminal criterion justice—w of Soviet the key of cases they number the adding began procurators 2012, In job performance. the accused ground (i.e., when trial on non-rehabilitative had closed before cases that of repented) to the number or actively victim reconciled with the resulted in conviction. 2015 excludes criminal misdemeanors from the total number of crimes. Until 2015, Until 2015, of crimes. number total the from misdemeanors criminal excludes 2015 misdemeanors were not criminal and included were in the Code of Administrative in included be to used which misdemeanors, contains Code Criminal 2014 The Offenses. Offenses. Administrative of Code the Criminal Criminal Cases C Y 39262-cin_50-1 Sheet No. 66 Side A 66 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 66 Side B 07/06/2017 10:17:34 M K

C Y 64,383 64,383 363,222 363,222 AZAKHSTAN K

55,243 55,243 50,376 50,376 56,050 362,089 362,089 6/28/2017 5:26 PM According to to According

EPUBLIC OF EPUBLIC R

In January 2013, the then January In 83 nal cases would lead to more to more lead nal cases would IGHTS IN THE tly appointed Procurator-General appointed Procurator-General tly 85 30, 2013), https://vlast.kz/politika/ 26,134 26,134 34,153 47,772 R

Soviet-era thinking. Soviet-era He complained (Jan. related bonuses or even demotion for related demotion bonuses or even UMAN UMAN H

ghts Commission concluded at the end of ghts Commission

LAST

Cornell International Law Journal Journal Law International Cornell 50 Vol. aining[,] and lack the basic knowledge of the of the knowledge the basic aining[,] and lack

ITUATION WITHITUATION S http://www.bureau.kz/news/download/337.doc [https://perma.cc/ [https://perma.cc/ http://www.bureau.kz/news/download/337.doc

9,262 9,262 7,619 6,782 9,974 1,864 1,864 1,630 1,373 6,609 4,664 18,346 32,792 174,628 144,972 73,351 73,351 72,299 69,700 63,893 58,607 65,318 59,532 140,249 140,249 131,548 132,183 204,212 306,898 386,710 377,330 EPORT ON EPORT THE Nazarbayev Conducteda Meeting Power the with Ministries: Procurator- Id.

.R . . What sparked this approval of exonerations? of exonerations? approval this What sparked Realization that the As in Soviet times, some members of the Kazakhstani government times, of As some government in Soviet the members Kazakhstani

83 84 85 2011, at 142 (2012), 142 at 2011,

ROCHEV FORMATTED ROCHEV [https://perma.cc/RY3F-Q82J]. nazarbaev_provel_sovesshanie_s_silovikami_genprokuror_kritikuet_vseh-1190.html nazarbaev_provel_sovesshanie_s_silovikami_genprokuror_kritikuet_vseh-1190.html criminal procedure legislation and of the international-legal acts in the sphere international-legal the criminal procedure legislation and of rights, ratified by Kazakhstan.” of human T8FL-KMVC]. General Criticizes Everyone Criticizes General Daulbayev, in 2012, procurators received over 100,000 complaints against complaints 100,000 over received procurators in 2012, Daulbayev, of criminal investigation. the poor quality Procurator General of Kazakhstan, Askhat Daulbayev, was more frank: more was Daulbayev, Askhat of Kazakhstan, Procurator General continue to exist in weaknesses and gaps the activities of“systemic and any the judicial system.” and agencies all law enforcement T 124 IN growing number of poorly-prepared crimi poorly-prepared of growing number in the long prison population goal of reducing the obstructing the convictions, Asterm. Presidential Ri Human 2011, “not infrequently violations of the constitutional rights 2011, “not infrequently occur of citizens their duties, perform have improperly and investigators because detectives tr of professional low-level continue to consider acquittal and exoneration equivalent to failure, and such such to failure, and equivalent and exoneration acquittal continue to consider denialin failure can result of job- criticized this publicly Asanov Zhakyp old an have acquittals: “Prosecutors scared of were that his subordinates easy go judges and prosecutors acquittals, when of we are scared stereotype: [instead punishment of out a minimal on the defendants and hand acquitting].” who pressure rank- of prosecutors supervisors He scolded also hostages becoming at all costs by conviction demand prosecutors and and-file investigators and procurators. The recen and procurators. investigators Total Total Sent to Courts on Closed Non- rehabilitative Grounds on Closed Exonerating Grounds 39262-cin_50-1 Sheet No. 66 Side B 66 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 67 Side A 07/06/2017 10:17:34

- - 89 13 125 125 State The RK [The AZETA AZETA 90 G

6/28/2017 5:26 PM https://perma.cc/ https://perma.cc/ According to According [ 91 The performance of of performance The

URIDICHESKAIA GAZETA closedcases. the 87 ITERATURNAYA ITERATURNAYA ?, I [https://perma.cc/L7U6 Zhakyp Asanov: Prokurory Prokurory Asanov: Zhakyp ,L (July 22, 2016), http://bnews.kz/ 22, 2016), (July

EWS This proportion (1.2% sent for sent for (1.2% This proportion N

ittals in cases with ittals in cases with weak evidence, ], B ], urned cases to procurators) is similar urned cases to procurators) 92 Pravde v glaza v Pravde responsibility for responsibility handling shoddy same time, judges have a general interest judges have a general interest time, same Zhakyp Asanov: Procurators Are Afraid of Afraid Are Procurators Asanov: [Zhakyp

the defendant and submission of the case to case to of the submission and the defendant

note 23, at 541. 541. 23, at note note 23, at 542. 542. at 23, note gave state prosecutors a second state prosecutors gave chance. Is It Easy to Issue an Acquittal an Easy Issue to Is It

In the late 1980s, judges in the USSR returned some some returned USSR the in the late 1980s, judges In (Nov. 9, 2016), http://www.inform.kz/ru/zhakip-asanov 9, 2016), (Nov.

supra 93 note12, at 154–55. 168. at 12, note 12. note In November 2011, the Chairman of the Supreme Court Court the Supreme of Chairman the 2011, November In [https://perma.cc/5KEX-YWUJ]; [https://perma.cc/5KEX-YWUJ]; 94 NFORM NFORM I supra supra supra

AZ As is shown below, acquittals have a much higher chance of higher chance a much acquittals have below, is shown As

88 Solomon (1987), supra (1987), Solomon at 552 (citing Arkadii Vaksberg, Vaksberg, Arkadii (citing 552 at ], K ], Trochev, (1987), Solomon Trochev, the of grounds the on procurators to returned are that cases exclude I Trochev, Askar Kishkembaev, See Id. Genprokuror RK Vstal na Zashchitu Opravdatel’nykh Prigovorov Prigovorov Opravdatel’nykh na Zashchitu RK Vstal Genprokuror

...... To avoid both reversals and acqu reversals both To avoid 86 Judges also often criticize the performance of investigators and Judgescriticize the performance also often 87 88 89 90 91 92 93 94 86 ROCHEV FORMATTED ROCHEV M K investigations to procurators, who, in turn, quietly who, procurators, to investigations judges sometimes refused to decide cases and demanded supplementary supplementary demanded and cases refused to decide judges sometimes and thus, shifted investigations, prosecutors brought back for trial only half of those cases. only trial back for prosecutors brought 4–5% of criminal cases for supplementary investigation of handing instead cases for supplementary criminal 4–5% of acquittals. down supplementary investigation and 1% ret 1% and investigation supplementary figures. to Soviet-era proposed to eliminate this Soviet-era thisproposed to eliminate of avoidingjudicial Soviet-era mechanism disappearance of the accused. ru/news/obshchestvo/genprokuror_rk_vstal_na_zashchitu_opravdatelnih_prigovorov ru/news/obshchestvo/genprokuror_rk_vstal_na_zashchitu_opravdatelnih_prigovorov Procurator-General Rose to Defend Acquittals to Defend Rose Procurator-General judges is assessed by the stability from inherited an indicator sentences, of assessed by judges is decisions few, of their very or none, have era—good judges the late-Soviet one former judge, such outcomes satisfied both judges and procurators outcomes judge, such one former risks for both. it minimized because http://online.zakon.kz/Document/?doc_id=30048629 http://online.zakon.kz/Document/?doc_id=30048629 2006), 16, (Mar. 7RPT-ZATG]. 7RPT-ZATG]. (1986)). 2017 2017 Reconciliations and Convictions Between detention prior pre-trial to the of trial. T of reducing their caseload, and thus, approve the expansion of procurators’ the expansion approve thus, and of reducing their caseload, to courts. being sent crimin al cases from shoddy discretion in preventing fewer receive judges 2016, between 2010 and as Table 4 shows, Indeed, fewer defendants. convict criminal cases and being overturned on appeal. At the on appeal. being overturned prokurory-boyatsya-opravdatel-nyh-prigovorov_a2967843 Between 2007 and 2012, Kazakhstani judges returned to procurators about about procurators to returned judges Kazakhstani 2012, and 2007 Between cases 540 and 450 (between investigation for supplementary all cases 1.2% of and, in effect, each year), -2016_07_22-1282677 procurators. procurators. with agrees the conclusions universally almost Yetthe former cases. to criminal deciding when it comes of the latter reversed, while poorly performing judges have several overturned overturned several judges have performing while poorly reversed, judgments. Boiatsia Opravdatel’nykh Prigovorov 9CZC]. 9CZC]. Acquittals C Y 39262-cin_50-1 Sheet No. 67 Side A 67 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 67 Side B 07/06/2017 10:17:34 M K

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supra The Trust of Citizens—Especially of Trust The

His complaints clearly show his show His clearly complaints [ http://www.kazpravda.kz/articles/view/ http://www.kazpravda.kz/articles/view/ ], relationships among trial judges and 97 e a special meeting with provincial provincial with meeting e a special ROSECUTOR .P

nda campaigns. Local procurators and procurators and Local campaigns. nda TATISTICS EN S

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OURT OURT Cornell International Law Journal Journal Law International Cornell 50 Vol. http://tengrinews.kz/kazakhstan_news/201297 http://tengrinews.kz/kazakhstan_news/201297 C

OURT (Jan. 12, 2016), 12, (Jan. C

/ https://www.swp-berlin.org/fileadmin 22 (2012), , SWP FFICIAL Rol’ Prokurora v Ugolovnom Protsesse Protsesse Ugolovnom v Prokurora Rol’

These kinds of campaigns reflect of campaigns kinds These [O

RAVDA RAVDA FFICIAL The proportion of cases closed on exonerating grounds is grounds is of cases closed on exonerating The proportion P [https://perma.cc/6PZH-DR7S] (last visited Jan. 8, 2017). 2017). 8, Jan. visited (last [https://perma.cc/6PZH-DR7S] 101

Table 4. Table 98 Political Protest in Central Asia: Asia: Central in , Andrea Protest & Alexander Schmitz Wolters, Political (Nov. 11 2011), 2011), 11 (Nov. RAVSTAT RAVSTAT The 2014 Criminal Procedure Code eventually banned judges judges banned eventually Code Procedure Criminal 2014 The e.g. P 95 , EWS The former Deputy Chief Procurator General, Nurmakhanbet Isaev, Isaev, Nurmakhanbet Chief Procurator General, Deputy The former RAVSTAT RAVSTAT

Doverie Grazhdan–Prezhde Vsego N Id. See infra See See Bulat Dembai, Courts of Kazakhstan Will Not Send Cases for Supplementary Investigation Supplementary for Cases Send Not Will of Kazakhstan Courts

96 ...... P . . This proportion of cases sent by judges back to procurators is about the the is about back to procurators judges by of cases sent This proportion 97 98 99 95 96 100 101 102 AZAKHSTANSKAIA ENGRI ROCHEV FORMATTED ROCHEV Prosecutor in Criminal Proceedings perma.cc/TC5M-56TE]. perma.cc/TC5M-56TE]. ugolovnom-processe dissatisfaction with the unwillingness of judges to change their ways of ways their to change judges of the unwillingness dissatisfaction with amicable and with cases handling sloppy prosecutors. acquittals and grounds exonerating closed on of cases as the proportion same taken together. unstable because it is often driven by the political mood of those on the top of those on the political bymood driven it is often unstable because the procurators. from receive what judges and by closed on exonerating grounds were group thefts. In 2011, drug-related and drug-related 2011, group thefts. In were grounds closed on exonerating road traffic crimes. And in 2012, illegal business activity. Potentials and Dynamics and Potentials T and less risky for the judge to close a case than to issue a sentence. than to issue a for the judge to close a case and less risky General Procuracy conducted a campaign, “Business Shall Be Defended Defended Shall Be “Business campaign, conducted a Procuracy General completed of reviewing that consisted against Wrongful Conviction!” 290 exonerated result, judges As a criminal cases against businesspersons. businesspersons. acquittals. T 126 propaga of holding short-term legacy from sending criminal cases back to procurators for “supplementary “supplementary for cases to procurators back sending criminal from instead of deciding return cases to continued judges However, investigation.” them. doverie-grazhdan—prezhde-vsego/ [https://perma.cc/973L-BX5B]. [https://perma.cc/973L-BX5B]. doverie-grazhdan—prezhde-vsego/ publicly complained that he had to hav that he had complained publicly judges and the Supreme Court at the end of 2015 to cease this practice. of 2015 to cease at the end Court the Supreme judges and as either convicted the courthouse should leave “a person to Isaev, According or acquitted. There is no third option.” contents/products/research_papers/2012_RP07_smz_wolters.pdf K the top in which judges still automatically approve prosecutorial decisions approve still automatically judges which the top in of wrongful to victims attention and fairness exercise rather than an prosecution. no during which 2014, in 2013 and shows, 4 As Table were waged, there was still a threefold jump incampaigns procurator-made in them people (nineteen of fifty only exonerated judges exonerations, while criminal prosecution) in thirty-five cases. cases of private judges tend to view these campa judges tend to view m.prokuror.kz/rus/o-prokurature/20-let-konstitucii-respubliki-kazahstan/rol-prokurora-v 4ZV4-QK46]. 39262-cin_50-1 Sheet No. 67 Side B 67 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 68 Side A 07/06/2017 10:17:34

- 127 127 209 369 369 861 (331) (331) 9,298 9,298 18,676 18,676 , https:// OUSE 6/28/2017 5:26 PM 362 357 357 884 (451) (451) 9,974 9,974 18,688 18,688 H

14 435 435 478 478 (21) (21) (690) (690) 1,131 1,131 16,639 16,639 20,571 20,571 REEDOM REEDOM ,F 21 of acquittals are misleading of acquittals are misleading (29) (29) 446 446 507 507 797 (731) (731) 19,392 19,392 21,833 21,833

105 l acquittals issued between 2000 and participate and judges seem to avoid to avoid participate and judges seem in Kazakhstan went up to 1.9% (478 up to 1.9% (478 went in Kazakhstan 176 457 457 400 400 520 (185) (185) (768) (768) 17,001 17,001 18,230 18,230 701 540 540 482 482 421 (774) (774) (882) (882) 19,764 19,764 22,012 22,012

45 539 539 481 481 705 705 (93) (93) 2010 2011 2012 2013 2014 2015* 2016* (819) (819)

21,490 21,490 22,293 21,257 20,922 18,649 10,564 9,938 36,477 36,477 27,380 22,292 26,968 25,079 22,325 21,386 18,701 18,701 30,364 30,364

Indeed, the growing rates the growing Indeed,

note 12, at 169. 169. at 12, supra note

Kazakhstan: ExecutiveSummary

een judges and procurators. een judges ,

104 e.g.

Trochev, Trochev, For a comparison, data for 2015 and 2016 exclude criminal misdemeanors, misdemeanors, criminal exclude 2016 2015 and for data comparison, a For

Id. See See . . .

As Table 4 shows, acquittal rates acquittal shows, 4 As Table Indeed, in 2010, acquittals in cases of private prosecution, where the prosecution, where private in cases of acquittals in 2010, Indeed,

103 103 104 105 ROCHEV FORMATTED ROCHEV Cases Returnedto Procurators, Excluding the Which in Cases Has Defendant Disappeared Cases Closed Including Cases Closed of Grounds the on between Reconciliation the Accused and the Victim Including Cases Closed on Exonerating Grounds (Exonerated Defendants) Total Number of Cases Cases of Number Total Sentence with Convicted Defendants Defendants Acquitted Cases Returnedfor Supplementary Investigation (Defendants) M K because the tripling of acquittal rates is largely due to high rates is rates of acquittal largely because the tripling of acquittal prosecution, of private or like libel cases: cases categories of criminal in two in state prosecutorsbattery, which do not jurytrials, decided by which disrupt the cozy accusatorial bias, and cases relationship betw judge receives a written complaint from the victim directly or through the or through the directly the victim from written complaint a judge receives case file criminal office (in contrast to the Procuracy police or the local all of acquittals in 85% reached tripled and the procurator), by provided tocriminal cases, as compared 29% of al tried persons) in 2014, 1.6% (357 tried persons) in 2015, and 1.7% (369 tried (369 and 1.7% 2015, in (357 tried persons) 1.6% 2014, tried persons) in persons) in 2016. did not change acquitted, however, of number The absolute and in 2001, 383 2000, in persons 2000s (423 acquitted since the early much 334 in 2002). 2017 2017 Reconciliations and Convictions Between 2010– Courts, Trial-Level Kazakhstan’s in Cases Criminal of 4. Outcomes Table 2016 T [https://perma.cc/NU8W freedomhouse.org/report/nations-transit/2005/Kazakhstan 8FFN] (last visited 30, May 2017). introduced by the 2014 Criminal Code, which previously have been included in the 2001 2001 the in included been have previously which Code, 2014 Criminal the by introduced of one-third about constitute Offenses. misdemeanors Criminal Administrative of Code all criminal cases handled theby courts in both 2015 and 2016. C Y 39262-cin_50-1 Sheet No. 68 Side A 68 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 68 Side B 07/06/2017 10:17:34 M K

C Y 729 729 845 845 93% 93% 2016 5,197 5,197 1,520 1,520 7,041 7,041 [https:// [https://

109 As data on and decide and decide 6/28/2017 5:26 PM 108 107 581 581 867 867 67% 67% 2015 3,897 3,897 1,192 1,192 5,301 5,301

437 437 238 238 565 565 91% 91% 2014 1,671 1,671 2,928 2,928 note 3. 3. note 2016 and 2015 for Data as they did in the late Soviet- as they Table 5. the high share of acquittals in acquittals of share the high

436 436 184 184 454 454 86% 86% 2013 supra supra 1,110 1,110 1,956 1,956

aintiffs insist that they have strong thataintiffs insist have they category of crime is often used that category infra ],

318 318 178 178 383 383 http://www.eurasianet.org/node/77596 http://www.eurasianet.org/node/77596 80% 80% 2012 1,370 1,370 2,105 2,105 on remained at 93% in 2016. 93% in at on remained TATISTICS S

Cornell International Law Journal Journal Law International Cornell 50 Vol. Kazakhstan:Reporter Drug Acquittal Marks Case Rare OURT 388 388 408 408 708 708 80% 80% 2011 C 1,832 1,832 3,073 3,073

(Mar. 1, 2016), 1, (Mar. FFICIAL

599 599 968 968 85% 85% 2010 2,962 2,962 1,338 1,338 5,077 5,077 [O

Table 5. Table , Joanna Lillis, Lillis, , Joanna

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The entry in force of the new Criminal Code and Criminal Procedure Procedure and Criminal Code of in force theThe entry Criminal new RAVSTAT RAVSTAT

See, e.g. See infra aIf victim recalls a complaint in the criminal case of private prosecution, the case 106 . . . .P Year Acquittals in cases of public prosecution (where the procurator prosecution (where Acquittals in cases of public Persons Persons Persons Persons of Cases Cases of Sentence Acquitted Acquitted Convicted Number of of Number 106 107 108 109 Cases Closed Cases Closed Percentage of of Percentage Persons in All in All Persons Total Number Number Total Total Number Number Total ROCHEV FORMATTED ROCHEV of Cases with a with Cases of Criminal Cases Cases Criminal perma.cc/LW7M-2ARZ]. For data support, see see support, data For perma.cc/LW7M-2ARZ]. on the merits only those cases in which pl those cases only on the merits litigants, the to reconcile not tend Judges against the defendants. evidence plaintiffs because is not This in these cases. convict than more acquit and to to state prosecutors. judges are not accountable because bring weak cases, but is automatically closed. Reprieve,E criminal cases of private prosecution makes clear, judges reject almost 90% 90% judges reject almost clear, of privatecriminal cases prosecution makes these than a half of complaints, closecases, more of all received represents the prosecution) continue to decline, represents the prosecution) continue of largest share the constituted charges, police to fabricate criminal by era: from 106 acquitted persons in 2010 to 71 in 2013, then 41 in 2014, 42 in 41 in 106 acquitted persons in 2010 to 71 in 2013, then era: from 2016. 46 in 2015, a crimes, Drug-related 2002. Table 5. Criminal Cases of Private Prosecution in Kazakhstan, 2010–2016 T 128 Code in 2015 did not make much difference: much make did not 2015 in Code criminal cases of private prosecuti private of criminal cases include criminal misdemeanors. 39262-cin_50-1 Sheet No. 68 Side B 68 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 69 Side A 07/06/2017 10:17:34

129 129 8 67 17% 17% (8 out of 46) of 12.00% 12.00% This is

114 2 59 5% (2 out of 42) of 3.28% 3.28% 6/28/2017 5:26 PM

3 7% 118 118 116 (64) (42) (47) (3 out of 41) of 2.48% 2.48% 115 30 289 289 42% 42% of 71) of 9.40% 9.40% (30 out note 3. note 3. the verdict together with a with together the verdict 24 355 355 tting to the jurors. As Table 6 Table jurors. As tting to the 29% 29% of 82) of 6.30% 6.30% (24 out

supra supra

Leaving aside the debate about about debate aside the Leaving

], ], out 30 461 461 113 32% 32% of 94) of 6.10% 6.10% (30 s made up, on average, about one-third one-third about average, on up, s made 112 note 7, at 373. 373. 7, at note e acquittal rate in jury trials has never been trials been has never rate in jury acquittal e

TATISTICS TATISTICS 43 334 334 41% 41% S S (270) (355) (288) (190)

(43 out of 106) 11.40% 11.40% supra

OURT OURT 15 C C 101 101

(59) 12.90% 12.90% These crimes, together with white-collar crimes like crimes white-collar with together crimes, These 6 110 note 12, at 169. 169. at 12, supra note 72 FFICIAL FFICIAL

(44) (44) 7.70% 7.70% [O [O

5 57 8% (36) 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Trochev, Trochev, Jackson & Kovalev,

In 2016, the largest share of acquittals was made up of those accused up of those accused was made of acquittals largest share 2016, the In

RAVSTAT RAVSTAT RAVSTAT

See Id. Id. See See 6. infra Table 111

. . .P . . . .P Jury trials, which have been used in judging grave crimes like rape and like rape crimes grave judging in used been have trials, which Jury Jury Jury Public Public Cases of 110 111 112 113 114 115 116 Tried by by Tried Acquitted Convicted Number of of Number Number of of Number Percentage Percentage Percentage Percentage ROCHEV FORMATTED ROCHEV Defendants Defendants Defendants toTotal the toTotal the Prosecution Prosecution of Acquitted of Acquitted Acquitted in M K fraud and abuse of power, composed the majority of acquittals in 2011 and the majority composed of power, abuse fraud and 2012. Table 6. Outcomes of the Jury Trials in Kazakhstan, 2007–2016 Kazakhstan, in Trials Jury the of 6. Outcomes Table 2017 2017 Reconciliations and Convictions Between in 2010. acquittals T whether these trials are trials by real juries, quasi-juries, with the or a judge real juries, quasi-juries, trials by are whether these trials have is possible to that it trials show these assessors, lay of group extended bias. accusatorial overcome procedure and criminal an adversarial of violating labor law and of fraud. and labor law of violating murder since 2007, are responsible for about one-third of acquittals in in of acquittals one-third about for responsible are since 2007, murder prosecution. public criminal cases of because judges can shift the blame for acqui blame shift the can because judges below 6%. acquittal Until jury 2014, shows, even though ten jurors deliberate deliberate jurors ten though even shows, th until 2014, professional judge, trialscriminal of all acquittals in of public prosecution. C Y 39262-cin_50-1 Sheet No. 69 Side A 69 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 69 Side B 07/06/2017 10:17:34 M K

- C Y in 119 120 -

President

6/28/2017 5:26 PM 118 Both grounds, Acquittal Verdict of of Verdict [Acquittal (Apr. 1, 2013), http:// http:// 2013), 1, (Apr. 122

(July 3, 2013), http://mk 3, 2013), (July AKON ], Z ], gromkoe razbiratelstvo). gromkoe complained that judges did not that judges did complained the jury trials should no longer AZAKHSTANE

K Botabayev was released and later Botabayev charges of murder. The appellate appellate The murder. of charges es how the balance of power is is of power the balance es how 117

promptly found Botabayev guilty found Botabayev promptly not been punished for that. for not been punished

speaking talent” and provided “irrefutable” speaking talent” and provided Cornell International Law Journal Journal Law International Cornell 50 Vol. OMSOMOLETS V During the Hearing of the Case Against Z. Botabayev Z. Botabayev Against Case of the Hearing the [During K

OSKOVSKII OSKOVSKII note 84. 84. supranote 123 , ], M ], Indeed, in July 2013, these cases have been removed from the 2013, been removed in July cases have these Indeed, Chairman Beknazarov underscored the legality of the legality underscored this reversal Beknazarov Chairman

124 121 . Id. Id. Nyne Delu po Verdikt Opravdatel’nyi Nazvan Advokata Zaslugoi Neob”ektivnymi Byt’ Mogut Zasedateli Prisiazhnye Chto Schitaet, B.Beknazarov Nazarbayev Conducted a Meetingwith the Power Ministries: Procurator-General Id. Id. Zakonnosti Narushenij Z.Botabaeva Otnoshenii v Dela Rassmotrenija V Khode ...... Such a high acquittal rate in trials by acquittal jury in Januaryis so unusual that Such a high This episode clearly demonstrat clearly This episode 121 122 123 124 117 118 119 120 ROCHEV FORMATTED ROCHEV Violations of Legality Were Not Allowed -Allowed Not Were of Legality Violations Beknazarov B. 852E-PP7Y]. 852E-PP7Y]. accused of terrorism. The Procurator General Procurator The of terrorism. accused and had listen to the prosecution include cases of extremism and terrorism because the accused could threaten could accused the because and terrorism extremism of include cases the jurors. Razyskivaemogo za Ubiistva v Ile-Alatauskom Natsparke Botabaeva Botabaeva Natsparke Ile-Alatauskom v Ubiistva za Razyskivaemogo kz.kz/articles/2013/07/03/878758-zaslugoy-advokata-nazvan-opravdatelnyiy ne Dopuskalos’–B.Beknazarov Dopuskalos’–B.Beknazarov ne Nazarbayev immediately ordered the then Supreme Court Chairman Bektas Chairman Court ordered immediately the then Supreme Nazarbayev publicized trial ( highly a hold to Beknazarov 2013, then Procurator General Daulbayev had to ask President Nazarbayev in Nazarbayev President had to ask Daulbayev ProcuratorGeneral 2013, then had been who Botabayev, of the conviction and order intervene public to on multiple in Astana jury by acquitted his acquittal. confirmed court also T 130 [https://perma.cc/ [https://perma.cc/ www.zakon.kz/4549313-v-khode-rassmotrenija-dela-v-otnoshenii.html of the acquittal by the fact secured that was on the basis of the conviction of the President the internal investigation. directive and Later, however, the judges quietly reopened the case and sent it back for back sent it and case the reopened quietly the judges however, Later, Initially, judges resisted by saying that the acquittal was on the basis of the that of the acquittal was on the basis saying Initially, by judges resisted of guilt. evidence provide rs failed to prosecuto and that the verdict, jury however, are absent from the Criminal Procedure Code. Three months later, months Three Code. Procedure the Criminal are absent from however, Court publicly the Supreme of judge one down, this scandal calmed when attorney the defense efforts of to the attributed the initial acquittal in this case “all of displayed his publicwho evidence of innocence of the defendant—all of which persuaded jurors to of which defendant—all of innocence of the evidence declare acquittal. Botabayev, Now Sought for Murder in Ili-Alatau National Park, Attributed to “the “the to Attributed Park, National inSought Ili-Alatau Murder for Botabayev, Now Lawyer’s Merit” verdikt-po-delu-nyine-razyiskivaemogo-za-ubiystva-v-ilealatauskom-natsparke Criticizes Everyone Criticizes maintained in the criminal justice system. Chairman Beknazarov stressed stressed Beknazarov Chairman in the criminal justice system. maintained review on the jury verdicts are lawful and well-grounded—based that most Chairman services, in a clear nod to the security the appellate courts. Yet,by proposed that the jurisdiction of Beknazarov retrial by another jury, retrial by another jury, which abstentia botabaeva.html [https://perma.cc/DJ5D-WPMY]. 39262-cin_50-1 Sheet No. 69 Side B 69 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 70 Side A 07/06/2017 10:17:34

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,T Due to National Peculiarities of Kazakhstan a Reduction of Jury Trials is Trials Jury of Reduction a of Kazakhstan Peculiarities National to Due O Vnesenii Izmenenii i Dopolnenii v Konstitutsionnyj Zakon Respubliki Respubliki Zakon Konstitutsionnyj v i Dopolnenii Izmenenii O Vnesenii supra See Kovalev, Nikolai

.Kairat Mami, . Mami, .Kairat . . . ], T ], Meanwhile, in the course of drafting the new Criminal Procedurecourse of drafting Meanwhile, in the Code, ], K ], 128 129 125 126 127 ESTNIK ESEARCH WITH OURTS ROCHEV FORMATTED ROCHEV M K C7W8]; Court Supreme Kazakhstan’s Z8H3-ZMNK]. 2013 natsionalnyih-osobennostey-kazahstane-planiruyut-244632/ [ http://www.law.edu.ru/doc/document.asp?docid=1202568 [ Z1300000121 [ www.zakon.kz/4549191-b. of jury trials has been changed several times, which led some observers to observers some which led times, several trials changed has been of jury their ju that the scope of conclude caprices of legislators and law enforcement enforcement legislators and law caprices of Code.” to the Criminal Procedure amendments V Kazakhstan in the Previous TenYears Planned Vnedreniia Kazakhstani v Nekotorye Zakonodatel’nye Akty Respubliki Kazakhstanpo Voprosam Razlichnykh Prava Normami Mezhdu Kollizii Probelov, Protivorechij, Iskliuchenija Korruptsionnykh Soversheniiu Sposobstvuiushchikh i Norm, Aktov Zakonodatel’nykh Pravonarushenii merkelya-problemah-kollegiyami-prisyajnyih-oprovergli-245136/ merkelya-problemah-kollegiyami-prisyajnyih-oprovergli-245136/ [ CMR6-5QHL]. R C Kollegiiami Prisiazhnykh Oprovergli v Verkhovnom Sude Kazakhstana Kazakhstana Sude Verkhovnom v Oprovergli Prisiazhnykh Kollegiiami Supreme Kazakhstan’s by Disconfirmed Been Have Panels Jury with Problems About Court pri Rassmotrenii Sviazannykh Del, s Terrorizmom May Be Partial While Hearing Terrorism-Related Cases 2017 2017 Reconciliations and Convictions Between the jury of jurisdiction trials, T however, restricted the jurisdictionhowever, jurytrials of the for to only those crimes life im Code imposes Criminal the which jury of the expansion to insert the managed Mami Chairman 2015, turn, in In of reforming trial on President “100 Steps” program Nazarbayev’s trials jury as Step #21: “Expansion of the sphere where are used. Kazakhstan 8 (Dec. 9, 2016) (on file with author). author). with file (on 2016) 9, 8 (Dec. attorneys and judges, but how well it prot and judges, but how attorneys not only from the point of the point from view not only proceedings.” participants of criminal Chairman of the Supreme Court, argued in Court, of the Supreme Chairman some Procuracy chiefs tried to the Procuracy trim some by insistingby that jury trials an effort that the useless in Kazakhstan, were opposed. vocally judges Court Supreme number of jury trials in the last couple of years and the lower acquittal rate acquittal the lower and trials of years in the last couple of jury number 2016. and 2014 between 7GFJ]. 7GFJ]. C Y 39262-cin_50-1 Sheet No. 70 Side A 70 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 70 Side B 07/06/2017 10:17:34 M K

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http://www.zakon.kz/4839666-sud-s-uchastiem These haphazard trajectories of jury trials of jury trajectories haphazard These http://www.inform.kz/en/president-nazarbayev

TATISTICS TATISTICS S S 133

Cornell International Law Journal Journal Law International Cornell 50 Vol.

tional foundations of the state.” tional foundations Meanwhile, in 2014, acquittals of twenty-one twenty-one Meanwhile, in 2014, acquittals of including cases of aggravated kidnapping, human kidnapping, human including of aggravated cases ARTICIPATION OF

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note 84. 84. supra note 138 (Jan. 17, 2017), 2017), 17, (Jan. , https://perma.cc/UL3L-LMP4]. https://perma.cc/UL3L-LMP4]. In the wake of the President’s approval, in May 2015, the May President’s in the approval, of the wake In [O [O

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AZ AKON AKON ’”, at 17 (Dec. 9, 2016) (on file with author). author). with file (on 2016) 9, 17 (Dec. at ’”, RAVSTAT RAVSTAT RAVSTAT OLICY OLICY , K Bulat Dembaev, Id. Nazarbayev Conducted a Meetingwith the Ministries: Power Procurator-General Id. President Nazarbayev Unveils100 Concrete Steps Implement to Institutional Five Kazakhstane v Rasshiriat Snova Prisiazhnykh Suda Primeneniia Sferu Nurumov, Dmitrii

], Z ], TEPS . .P . . .P . . . . In Kazakhstan, acquittals, including acquittals by the jury, can be the jury, by including acquittals acquittals, In Kazakhstan, 133 134 135 136 137 138 130 131 132 EGAL ROCHEV FORMATTED ROCHEV URISDICTION OFURISDICTION prisjazhnykh.html [ prisjazhnykh.html defendants (or of every other defendant) in cases of public prosecution have prosecution have otherpublic defendant) in cases of defendants (or of every been overturned. 0.5% of overturned sentences during these three years. sentences 0.5% of overturned General Daulbaev proudly reported th proudly Daulbaev General defendants. of seventy-one appealed acquittals successfully Criticizes Everyone Criticizes Jurors Reforms Kazakhstan in Expanded Again Be Will Trials Jury the of of Application Sphere (May 12, 2015), https://www.zakon.kz/4710677-sferu-primenenija-suda Kazakhstan of Republic the in Jurors of Participation w-enforcement officials showcase the officials the showcase the top law-enforcement among and disagreements and acquitting. of convicting ways the current dissatisfaction with that the state opportunity the USSR)—an in on appeal (as reversed Supreme Court Judge Abai Rakhmetulin Abai Court Judge Supreme crimes, grave especially trials in cases of all jury mandatory have propose to against constitu except those themselves: twenty-seven in 2008, fifteen in 2009, nineteen in 2010, forty in in in 2010, forty twenty-seven in 2009, nineteen 2008, fifteen themselves: acquittals of thirty-five defendants, or 8% of all acquittals that year, were that of all acquittals year, defendants, or 8% acquittals of thirty-five on appeal. overturned 2017, the senior official of the General Procuracy proposed to expand the jury jury the to expand proposed Procuracy official of the General senior 2017, the death. trials to all cases causing L J S ‘100 Legislative definition of the category of criminal cases where the jury trial istrial criminal of the jury where cases of the definition Legislative category mandatory.” T 132 unveils-100-concrete-steps-to-implement-five-institutional-reforms_a2782614 unveils-100-concrete-steps-to-implement-five-institutional-reforms_a2782614 October 2015 amendments to the Criminal Procedure Code did not introduce introduce not did Code Procedure Criminal the to amendments 2015 October trials. jury mandatory expanded the slightly these amendments Instead, jurisdiction of jury trials by jury—crimes to be tried in crime by of minors and involvement trafficking enter the criminalthat rarely justice system in Kazakhstan. prisjazhnykh-b.-dembaev.html [https://perma.cc/N44M-VRJ8]. [https://perma.cc/N44M-VRJ8]. prisjazhnykh-b.-dembaev.html prosecutors pursue with vigor.prosecutors pursue appellate This is because the courts are much of 2007, acquittals than convictions. In to reverse acquittals likely more thirty- 2008, in overturned, were of all acquittals) defendants (8% twenty-five (5%). defendants nineteen in 2009, six (11%), and [https://perma.cc/PG57-43BB]. 39262-cin_50-1 Sheet No. 70 Side B 70 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 71 Side A 07/06/2017 10:17:34

133 133 59 99 2016 2016 RAVSTAT RAVSTAT In 2015, 2015, In Meanwhile, Meanwhile, 139 47 88 6/28/2017 5:26 PM 2015 2015 144 Data in Table 7 Data Table in note 92 (arguing that that 92 (arguing note

47 48 2014 2014 140

supra st deciding on acquittals. on st deciding ., no. 5, 80–85 (2010). Figures Figures ., (2010). 80–85 no. 5, note 3. For a comparison, data 26 81 AZ , instance) based on theP 2013 2013 important concern important for a judge 221 persons, acquitted twelve twelve acquitted persons, 221 K supra supra

led judge’s performance that may that may led judge’s performance ],

The former Supreme Court Judge Court Supreme former The According to Toimatov, trial judges Toimatov, According to Nadzor 229 250 Kishkembaev, 2012 2012 courts conduct regular monitoring of monitoring regular courts conduct 142 udgment happens.udgment hides nobody And EPUBLIC EPUBLIC “Without his approval, not a single “Without his approval, 143 oduced in 2009 uses three overturned three overturned uses oduced in 2009 see .R T that such consulting is legal. that such consulting TATISTICS

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2011 2011

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C note 32. 32. note ],

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145 Year Year OURT OURT C

RAVSTAT RAVSTAT Id. Trochev, Analysis of Facts of Violating of Legality by Courts of the Republic Related to the the to Related Republic the of Courts by Legality of Violating of Facts of Analysis . .P . .Toimatov, .Suleimenova, .Toimatov, . There are negative repercussions on judges whil judges on repercussions are negative There FFICIAL 140 141 142 143 144 145 139 ROCHEV FORMATTED ROCHEV Trial and Appellate Courts Courts Appellate and Trial Trial Courts Courts Trial Acquitted and Exonerated by Acquitted and Exonerated by M K demonstrates the reluctance of the appellate courts to confirm acquittals and courts to confirm of the appellate the reluctance demonstrates exonerations. campaigns the Procuracy-initiated above, Asexplained in 2011 acquitted and exonerated of high the unusually resulted in numbers cases). activity illegal business (156 in 2012 cases) and (357 in drug-related persons, and overturned acquittals of ten persons. of acquittals overturned and persons, appellate courts reviewed cases of 6,810 persons in cases of public cases of in persons cases of 6,810 courts reviewed appellate sentences prosecution overturned against and ,B Convictions Wrongful trial a he is judges: if a in year, overturned sentences judge has five the job. dismissed from automatically [O Raif Toimatov explained that appellate explained that Raif Toimatov defendants. same the for 2015 and 2016 exclude criminal misdemeanors, introduced by the 2014 Criminal Code, Code, Criminal 2014 the by introduced misdemeanors, criminal exclude 2016 and 2015 for Offenses. Administrative of Code 2001 the in included been have previously which 2017 2017 Reconciliations and Convictions Between in 2014. forty and in 2013, forty-six 2012, in forty-two 2011, Table 7. Acquitted and Exonerated Defendants in the Cases of Public Prosecution in 2011–2016 Kazakhstan, T Monthly monitoring of judges intr Monthly monitoring as an indicator of fai sentences in a year the bench. from result in the dismissal for 2010–2014 are author’s own calculations (the total number of acquitted persons by the by persons acquitted of number total (the calculations own author’s are 2010–2014 for supervision, of and instance appellate of courts appellate judges consult with the chair of their court if they consider if they the chair of their court consult with appellate judges sentence: cancelling or changing the of j or change of the sentence reversal this practice.” seek advice of the appellate judges, who are likely to review the cases on the to review the the cases on are likely judges, who of the appellate seek advice judges believe many And appeal. judge may be disciplined or dismissed from the bench for several reversed sentences). sentences). reversed several for bench the from dismissed or disciplined be may judge C Y 39262-cin_50-1 Sheet No. 71 Side A 71 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 71 Side B 07/06/2017 10:17:34 M K

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URISTS URISTS J 147 ], U ], ], Z ], N . ’ AKON Cornell International Law Journal Journal Law International Cornell 50 Vol. OMM ], Z

Trevozhit Tot Fakt, Chto Reviziia Osnovnoj Massy Del Del Massy Osnovnoj Reviziia Chto Fakt, Tot Trevozhit note 92. 92. note L

ely, there are judges who who judges there are ely, ’

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149 Yet none of judges faced any negative consequences consequences negative any judges faced of none Yet In Astana, a Judge Who Displayed Independent Character Gave a Gave Character Independent Displayed Who Judge a Astana, In [ note 27. supra 27. note

supra Toktarova, Baian 92; note supra Kishkembaev, , These judges also have to justify theirin decisions have personally also These judges

152 The then Chairman of the Supreme Court confirmed her her confirmed Court of the Supreme Chairman then The 148 151

Id. Id. Bektas Beknazarov, Trochev, See, e,g. Kishkembaev, Press-Konferentsiju Kharakter, Dala Sud’ia,ProiavivshaiaV Astane Nezavisimyj . . . .Toimatov, . . . . Judges who dare to exonerate or acquit have to prove that the defendant to prove that the defendant have or acquit exonerate dare to Judges who 150 151 152 153 146 147 148 149 ROCHEV FORMATTED ROCHEV Document/?doc_id=31615230 [https://perma.cc/HE3W-WKHF]. [https://perma.cc/HE3W-WKHF]. Document/?doc_id=31615230 contrast to a growing contrast to a growing variation in approv 8 shows declining exoneration and acquittal rates of cases and acquittal in the criminal declining exoneration 8 shows and between 2011 of Kazakhstan the provinces public prosecution among range of variat as a declining 2014, as well provinces: obtaining an among variation is still a slight There above. Table 2 independence/ [https://perma.cc/L62D-L2FA]. [https://perma.cc/L62D-L2FA]. independence/ Reviews Most Cases Is Alarming Segodija Provoditsia na Urovne Verkhovnogo Suda Suda Verkhovnogo Urovne na Provoditsia Segodija www.uralskweek.kz/2012/10/19/v-astane-sudya-proyavivshaya-nezavisimyj Influence on the Legal Status of a Judge of Status Legal the on Influence was not guilty instead of simply interpreting doubts in favor of the of in favor interpretingdoubts simply instead of guilty was not defendants. 223151-bektas-beknazarov-trevozhit-tot-fakt.html [ is that his decision not be overturned.” be not his decision is that T 134 to scrutinize the evidence of the prosecution and had insisted that good insisted that good prosecution and had to scrutinize the evidence of the wererelations with procurators a key reversal as a real threat to the individual independence of judges yet receive receive yet judges of independence individual the threat to as a real reversal their superiors. from little approval front of appellate courts and the Supreme Court. For example,Judge in 2012, Court. For and the Supreme front of appellate courts from a reprimand from Province received the Pavlodar Zhumashova Aliya a of case in the persons acquitting two Tribunal for Disciplinary the Judicial stolen refrigerator. complaints: “Unfortunat complaints: prosecution.” In her three-year career on the bench, she issued two acquittals and was acquittals two issued she the bench, on career three-year her In 2013 for this “disciplinary” dismissed the in July from bench eventually offense. because procurators have amicable relations with have judges. Supreme because procurators As former the bench for from who had been dismissed Toimatov, Court Judge “it is no secret for 1999, described, exonerating two police officers in see also Kazakhstan: Disciplinary Action Against Judge Zhumasheva Is an Attack on Attack an Is Zhumasheva Judge Against Action Disciplinary Kazakhstan: also see Independence Judicial v Svoju Zashchitu Zashchitu Svoju v kazakhstan-disciplinary-action-against-judge-zhumasheva-is-an-attack-on-judicial Monitoringe i Ego Vliianii na Pravovoi Status Sudi’i Sudi’i Status Pravovoi na Vliianii i Ego Monitoringe Press ConferenceDefense in Her Own acquittal in the Mangistau and Kyzyl-Orda Provinces is nearly impossible, impossible, Provinces is nearly acquittal in the Mangistau and Kyzyl-Orda xarakter-dala-press-konferenciyu-v-svoyu-zashhitu/ [ anybody that the decision in a case is agreed between the procurator and the procurator and between the agreed a case is that the decision in anybody enter the judge chambers.” judge prior to trial, procurator can freely 39262-cin_50-1 Sheet No. 71 Side B 71 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 72 Side A 07/06/2017 10:17:34

135 135 8/2,226 8/2,226 6/1,005 6/1,005 4/2,113 4/2,113 5/1,389 5/1,389 2/1,441 5/1,506 5/1,506 8/1,701 8/1,701 14/3,115 14/3,115 16/2,247 16/2,247 6/28/2017 5:26 PM 3/973 3/973 2/2,173 2/2,173 6/1,465 6/1,465 2/2,778 2/2,778 4/1,053 4/1,053 1/1,096 1/1,096 4/1,027 4/1,027 2/1,111 2/1,111 2/1,755 2/1,755 154 note 3. supra 1/1,826 1/1,826 7/1,215 4/1,143 4/1,143 3/2,756 3/2,756 3/2,281 3/2,281 4/2,022 4/2,022 1/1,109

13/1,102 13/1,102 15/1,115 15/1,115 ], the neighboring Aktobe Province due Province due Aktobe neighboring the

TATISTICS S 7/799 7/799

13/805 13/805 25/969 25/969 8/1,162 8/1,162 1/2,135 1/2,135 57/1,584 57/1,584 16/1,009 16/1,009 40/1,878 40/1,878 29/1,823 29/1,823 OURT C

atistics on convictions in modern Kazakhstan, they Kazakhstan, in modern atistics on convictions

2011 2011 2012 2013 2014 2015 FFICIAL 78/2,147 78/2,147 51/1,955 5/2,348 10/2,849 10/2,773 8/2,841 65/1,532 65/1,532 44/2,408 44/2,408 33/1,027 19/1,175 19/1,175 37/1,369 63/2,452 63/2,452 70/2,142 70/2,142 12/1,002 [O

RAVSTAT RAVSTAT

West South South .P Atyrau Atyrau Aktobe Aktobe Almaty Akmola Akmola Province Province Pavlodar Province Province Kostanay Karaganda Karaganda Kazakhstan Kazakhstan Astana City City Astana 28/1,250 15/1,143 2/1,635 0/1,837 3/2,291 Kyzyl-Orda Kyzyl-Orda 14/908 0/781 0/964 0/931 2/1,137 Almaty City City Almaty 154 ROCHEV FORMATTED ROCHEV M K Table 8. The Ratio of Exonerated and Acquitted Defendants to Convicted Defendants 2011– Kazakhstan, in Courts Trial-Level the in Prosecution Public of Cases the in 2015 in ratio declining of order the in province, by 2015, 2017 2017 Reconciliations and Convictions Between is rare acquittal while in possible yet T to affect this seem to the jury trials.mostly does not caseload of courts The pattern. Criminal and Code in in force Criminal of the new 2015 The entry of sentenced numbers in higher resulted have to appears Code Procedure the decline of and confirmed (Atyrau) province in all but one defendants of public cases For prosecutions. in criminal and exonerations acquittals and acquit not Province did Kazakhstan North the in judges example, detention as requests, pre-trial refuse a single did not (and exonerate anyone prosecution in 2015. criminal cases of public in Table 2) tried in the shown Province acquitted and Karaganda of Almaty judges in the city Meanwhile, in 2015. crimes minor persons tried for dozen than a more and exonerated in two only occurred and exonerations acquittals in fact that this jump The Codes both of the in force entry that the thesis the on doubt places casts acquittals of disappearing trend The of judges. decision-making the changed is over last four provinces years at the trial stage in most and exonerations similar to the trend socialism, in late now but it of the decline of is a product jury trials discussed above, and the growth of procurator-made exonerations exonerations and trials of procurator-made discussed above, the growth jury at the pre-trial stage discussed below. In summary, if the late Soviet-era the late Soviet-era if summary, In below. stage discussed at the pre-trial st judicial chiefs saw superiors, award of judges on their internal dependence approve would the and of acquittals and exonerations, number the low judges for bonuses to in sentences. high rate of stability C Y 39262-cin_50-1 Sheet No. 72 Side A 72 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 72 Side B 07/06/2017 10:17:34 M K

C Y Vol. 50 Vol. In 2001, In

2/1,688 2/1,688 2/2,641 2/2,641 1/1,1051 1/1,1051 cases based 160 6/28/2017 5:26 PM

155 (July 21, 2001), 21, 2001), (July

2/815 2/815 1/1,551 1/1,551 4/2,251 4/2,251 RAVDA RAVDA

owly but steadily expanded the but steadilyowly expanded the 1/887 1/887 3/1,635 3/1,635 5/2,792 5/2,792 ed: “A person who committed an committed who ed: “A person tion, the defendant’s record still reflects tion, the defendant’s In terms is of paperwork, all that In required AZAKHSTANSKAIA n, closing criminal cases on the basis of basis of cases on the criminal n, closing In theory, closing cases on the grounds of of grounds the on closing cases theory, In 156 note 15, art. 67. art. 15, note

8/780 8/780 ], K If the judge or the investigator agrees to agrees the judge or the investigator If ly possible, when Article 67 of the newly newly Article possible, when 67 of the ly 1/1,663 1/1,663 3/2,550 3/2,550 Cornell International Law Journal Journal Law International Cornell 157 158

The December 2002 amendments to the Criminal to the Criminal amendments 2002 December The

289, 289 (June 2, 1999). 2, 1999). 289, 289 (June supra Expansive Interpretation of Reconciliation with the Victim Is Victim the with Reconciliation of Interpretation Expansive 161

RAVO RAVO 159 P

note 2, at 66–67. 66–67. 2, at note 25/1,102 25/1,102 28/1,375 28/1,375 20/1,005 4/928 5/865 0/1,052 51/1,790 51/1,790 58/2,988 58/2,988 ASHE

supra Normative Edict of the Supreme Court of the Republic of Kazakhstan Kazakhstan of Republic the of Court Supreme the of Edict Normative [ , 22 V

at 85. at Criminal Code (1997), (1997), Code Criminal Id. Alkon, Id. Batyrzhan Ashitov, Respubliki Kodeksa Ugolovnogo 67 Stat’i po Primeneniiu Praktike Sudebnoi O Closing, dismissing, or terminating a criminal case mean the same throughout the the throughout same the mean case criminal a or terminating dismissing, Closing, East East North ...... Closing Cases Based on Reconciliation between the Victim and the Victim the between Reconciliation on Based CasesClosing Over objections of procurators, judges sl Over Unlike the rarely used powers to exonerate or acquit, which Kazakhstani Kazakhstani to exonerate or acquit, which used powers Unlike the rarely Zhambyl Zhambyl Mangistau Mangistau Kazakhstan Kazakhstan 156 157 158 159 160 161 155 ROCHEV FORMATTED ROCHEV No. 4 “On Judicial Practice of the Application of Article 67 of the Criminal Code Code Criminal the of 67 Article of Application the of Practice Judicial “On 4 No. of Kazakhstan” Republic of the _ [https://perma.cc/HQ4K-B8EW]. [https://perma.cc/HQ4K-B8EW]. _ http://adilet.zan.kz/rus/docs/P01000004S the Supreme Court confirmed this broadened application of reconciliation as Court this broadened application confirmed the Supreme cases. a basis for closing Not Allowed Kazakhstan Article. Article. use of reconciliation and applied it touse of reconciliation and applied it defendants and to cases of juvenile accidents. traffic by deaths caused as criminal negligence, such for reconciliation is a short written statement the from thatvictim she or he has received and closed, be the case to wants accepts reconciliation, crime. for the compensation Code further expanded the application of reconciliation. The amended amended The of reconciliation. application the further expanded Code V. Expansion Dramatic Accused—A to close the power the Soviet-era, from judges had preserved T 136 dismiss the case due to the reconcilia the case dismiss charges. the criminal reconciliation centers on the interests ofreconciliation centers on the interests the repairingvictim: and the harm re-victimization. preventing on reconciliation between the victim and the accused is a post-Soviet post-Soviet is a and the accused the victim between on reconciliation innovation. This power has been a topic of discussions among Soviet Soviet among of discussions a topic been has This power innovation. it has not 1990s, yet since thecriminal law experts been codified in early codes. This is to the collapse due, in part, Unionactual criminal of the Soviet Kazakhsta In of 1991. at the end formal reconciliation became stat vaguely Code Criminal 1997 adopted be for the first time gravity may or medium a lesser gravity offence of and victim the with reconciled person that if liability, criminal from released caused.” good for the harm made 39262-cin_50-1 Sheet No. 72 Side B 72 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 73 Side A 07/06/2017 10:17:34

137 137 (Jan. 9,

At the the At 165 In 2005, In 164 AZETA 6/28/2017 5:26 PM G (Nov. 5, 2009), 2009), 5, (Nov.

(Dec. 27, 2006), 27, 2006), (Dec. then justice will

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ors, Kazakhstani judicial ors, Kazakhstani URIDICHESKAIA URIDICHESKAIA

s to both humanize and reduce s to both humanize and reduce Weak Link. Unclear Position of the the of Position Unclear Link. Weak ], I ], [ 162

tically used thistically expansion of of criminal cases closed on this basis of criminal URIDICHESKAIA GAZETA GAZETA URIDICHESKAIA

I y punitive principles” of administering punitive administering principles” of y , Posrednichestvo Kak Instrument Pravosudiia Pravosudiia Instrument Kak Posrednichestvo repeated crimes of medium gravity: gravity: of medium repeated crimes ]

closing criminal cases on these grounds of of grounds on these cases criminal closing note 15, art. 67. art. 15, note

supra required required Slaboe Zveno. Nechetkaia Pozitsiia Verkhovnogo suda RK v RK suda Verkhovnogo Pozitsiia Nechetkaia Zveno. Slaboe

Over objections of procurat Over

note 2, at 87. 87. 2, at note 163 supra supra As a result of these lobbying effort lobbying As a result of these

166

Alkon, Alkon, Dzhanuzakov, D. Pen, Sergei & Akhpanov Arstan the on Resolved Be to Disputes of Majority the for Calls RK SC the of Head The Criminal Code (1997), (1997), Code Criminal

. . . . . A person A who committed a medium gravity offence bemay released from 2. good made and applicant or the victim the with reconciled he if liability criminal applicant. the or victim to the caused harm the for A minor who for the first time committed a grave offence which did not cause cause not did which offence grave a committed time first the for who minor 3. A death or to serious a person’s harm be released health the from may criminal the for good and made victim the with reconciled person that if court a by liability causedharm to the victim. the time, At compulsory same education measures minor. given a upon applied be shall this Code 82 of Article by stipulated A person who committed an offence of a lesser gravity or for the first time time first for or the gravity lesser of a offence an committed who person 1. A grievous or death cause not did which gravity, medium of offense an committed that if liability, criminal from released be shall health, individual’s to an harm caused. harm the for good made and victim the with reconciled person 163 164 165 166 162 ROCHEV FORMATTED ROCHEV Mediation as an Instrument of Justice of Instrument an as Mediation M K perma.cc/7785-FUWR]. perma.cc/7785-FUWR]. [https:// https://www.zakon.kz/152533-152533-glava-vs-rk-ratuet-za-to-chtoby.html end of 2009, when judges closed every third criminal case third (see on this basis criminal every judges closed when end of 2009, Alimbekov, Musabek Court, of the Supreme Chairman the then Table 9), reconciliation would allow the courts out-of-trial use of argued that wider frommandator away to move “slowly for the damages victim compensate criminal justice and “to be done.” Basis of the out of Court Reconciliation of the Parties of the Reconciliation Court of out the of Basis Nekotorykh Voprosakh Igraet na Ruku Prestupnikam Prestupnikam Ruku na Igraet Voprosakh Nekotorykh [ [https://perma.cc/4JWN-XBTP]. [https://perma.cc/4JWN-XBTP]. http://online.zakon.kz/Document/?doc_id=30082780 the prison population, Article 67 was further amended in 2010 and 2011 with with 2011 in 2010 and Article further amended 67 was the prison population, sections: new the addition of two the the of share of cases closed on basis reconciliation constituted of 95.5% grounds. cases closed by on non-rehabilitative judges all criminal chiefs actively lobbied for expanding the use of reconciliation. use of the lobbied for expanding chiefs actively As Table 8 shows, judges enthusias As judges Table 8 shows, tripled the proportion reconciliation and most often dismissed courts 2005, Kazakhstani and 2000 Between in 2003. and fraud, rape, robbery, offenses of larceny, involving reconciled cases reckless driving. 2017 2017 Reconciliations and Convictions Between Article 67 of wording multiple committed joyriding) (such and as theft lesser gravity of crimes for the committed as robbery), (such gravity of medium and of crimes times victim. the death of or to health harm without the grave and first time also It cases for closing criminal permitted T - [https://perma.cc/9M62 http://online.zakon.kz/Document/?doc_id=1027181 2002), D9SV]. RK SupremeSome Issues Helps on Court Criminals C Y 39262-cin_50-1 Sheet No. 73 Side A 73 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 73 Side B 07/06/2017 10:17:34 M K

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168

INISTRY [M ROKURATURA

P 6/28/2017 5:26 PM 8% 5% 6%

32% 48% 25% 22% 32% 39% 22% 167 ITIMGERSHIRLIK ITIMGERSHIRLIK

“B

NAIA NAIA ’ AZAKHSTAN AZAKHSTAN K note 2. Percentage of Cases Resolved by after Reconciliation Charges Filed in Court Court in Filed Charges http://kazmediation.kz/files ROJECT ROJECT P ENERAL

)], G supra supra ESPUBLIKI

ONCEPT OFONCEPT ,C AZAKHSTAN USTITSII USTITSII 15,097 15,097 15,334 18,701 18,701 19,764 K I

note 15, art. 67. art. 15, note

AZAKSTAN Cornell International Law Journal Journal Law International Cornell 50 Vol. Cases Resolved by Reconciliation Reconciliation K

supra ESPUBLIKI R INISTERSTVO INISTERSTVO M UD S

EPUBLIC OF EPUBLIC IN CRIMINAL AND CIVIL PROCEEDINGS CIVIL AND CRIMINAL IN R 47,246 47,246 48,358 46,844 46,844 40,844 ”( Cases Heard AZAKHSTAN AZAKHSTAN K ERKHOVNYI ERKHOVNYI

Criminal Code (1997), (1997), Code Criminal . .V If an If offence harms thelegally protected interests of thepublic and the state, a 2005 2005 2008 2009 2010 2010 2011 2011 2004 2004 2002 2002 2003 2001 2001 2000 2000 USTICE OF THE Year 4. released be may Article this of parts second the and first in the specified person caused harm for the amends makes and repents sincerely if he liability criminal from this Article of provisions The state. or the public the of interests protected to the corruption. of crimes committed have who to persons apply not shall J

167 168 ESPUBLIKI ECONCILIATION ROCHEV FORMATTED ROCHEV 2013/docs/2.pdf [https://perma.cc/HF2F-63GZ]; Alkon, Alkon, [https://perma.cc/HF2F-63GZ]; 2013/docs/2.pdf OF R Table 9. Criminal Cases Resolved by Reconciliation after Charges Filed in Court in Filed Charges after Reconciliation by Resolved Cases 9. Criminal Table T 138 R 39262-cin_50-1 Sheet No. 73 Side B 73 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 74 Side A 07/06/2017 10:17:34

. - T C 139 139

- ITY ITY C

2017). 2017).

170 RAL 6/28/2017 5:26 PM 41% 47% ,U Some courts even even courts Some note 35. 35. note

169 supra supra ,

http://www.matritca.kz/news/9064-na

closed about 70% of all reconciled all reconciled of about 70% closed e Procuracy chiefs began insisting Procuracy e tion would mean the end of their of the end mean tion would hows, judges closed about 18,000 18,000 about closed hows, judges anov, admitted that problems with with that problems admitted anov, d be achieved only when the law- when only d be achieved the victims and the victims the defendants to Relatives of the Deceased under the Wheels [ 17,001 17,001 19,392 that judges had exercised discretion in discretion exercised that judges had note 168.

https://perma.cc/9XRY-MZE6]. re thefts and non-violent robberies—crimes robberies—crimes non-violent re thefts and note 168. 168. note supra supra , the case or continue the trial. the supra supra (Apr. 17, 2014), 2014), 17, (Apr. , https://perma.cc/33L9-J3GG] (last visited Jan. 8, Jan. visited (last https://perma.cc/33L9-J3GG] USTICE This reversal shows that bureaucratic incentives drive drive incentives shows that bureaucratic This reversal J

- http://zko.sud.kz/rus/sub/zkogor/obrazcy-iskovyh-zayavlenii-i USTICE , Media reports indicate that judges also pressure victims to victims indicate that judges also pressure Media reports 172 J

ATRITCA Samples of Claims and Other Court Appeals Court and Other of Claims Samples Judicial chiefs also gave a clear signal that prosecutorial a clear signal that prosecutorial also gave Judicial chiefs Section III. Section 173 , INISTRY OF ], M ], Paradoxically, pressure on the victim to reconcile may bring bring pressure to reconcile may on the victim Paradoxically, 171 ROVINCE M

INISTRY OF .P 174 See, e.g. See infra See Asanov Zhakyp General Prosecutor Deputy Kazakh pod Kolesami Pogibshego Rodnye Pozhalovalis’ o Sud’i Primirenii Na Nameki AZ

.M . . . . . As Table 10 shows, until 2013, judges until 2013, 10 shows, As Table Again, these amendments to the Criminal Code made a difference in a difference in made Code Criminal to the these amendments Again, K 2012 2012 36,029 2013 2013 47,466 169 170 171 172 173 174 ROCHEV FORMATTED ROCHEV M K drugih-obrashcheniy-v-sud [ drugih-obrashcheniy-v-sud enforcement agencies would limit the number of criminal cases sent to of criminal limit the number agencies would enforcement courts. overloaded discretion was more important than the discretion of judges by warning that warning by importantdiscretion of judges than the more discretion was coul reduction of the prison population careers. reconcile with the defendants, especially when defendants are governmental when defendants are governmental reconcile with the defendants, especially convic whom for officials or local VIPs, the decision-making of law-enforcement officials on the ground and that on the ground officials of law-enforcement the decision-making to accused and the the victim take an active part in convincing investigators reconcile. the spoils of of sharing take the form may Convincing then to The reconcile. victim or pressuring the with the victim compensation As Zhakyp Prosecutor-General, Deputy officials pressuringlaw-enforcement reconcile exist. have templates of reconciliation forms posted on their websites. of reconciliation forms templates have perverse adversariality into adversariality perverse the inquisitorial criminal proceedings: law- W. 2017 2017 Reconciliations and Convictions Between T cases while investigators closed the remaining 30%. In 2013, however, this however, 2013, In 30%. the remaining closed investigators cases while when th reversed proportion diametrically ile reducing the prisonon registration of all cases wh population and criminal of the performance cases to evaluate of closed counting the number prosecutors. judicial decision-making. As 8 s Table judicial decision-making. in 2011 other reconciliation case based on or every criminal cases annually and 2013. we cases these Most of meant which gravity, of medium close deciding whether to nameki-sudi-o-primirenii-pozhalovalis-rodnye-pogibshego-pod-kolesami-avto-eks pomoschnika-prokurora-v-astane.html [ Avto eks-Pomoshchnika Prokurora v Astane Astane v Prokurora eks-Pomoshchnika Avto about Hints Judge’s the against Complained in Astana Procurator Ex-Assistant of of Car Reconciliation C Y 39262-cin_50-1 Sheet No. 74 Side A 74 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 74 Side B 07/06/2017 10:17:34 M K

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The The 175 70% 78% 63%

6/28/2017 5:26 PM % Cases by Judges 15,097 15,097 18,701 18,701 17,001 17,001 at the Trial Stage Stage at the Trial Closed Reconciled Closed

30% 22% 37% ecreasing the responsibility of the ecreasing the responsibility note 3. Kazakh Deputy Prosecutor General Zhakyp Zhakyp General Prosecutor Deputy Kazakh % of reconciliation procedures? reconciliation procedures? of Alkon, Closed supra

Reconciled ], Cases at the nal cases against 44,479 defendants. cases against 44,479 nal Pre-trial Stage note 168; 168; note Cornell International Law Journal Journal Law International Cornell 50 Vol. supra supra TATISTICS , S

OURT USTICE J C

21,412 21,412 6,315 23,948 23,948 5,247 27,038 27,038 10,037 Closed Reconciled Cases, Total 176 note 35. note FFICIAL

[O INISTRY OF

supra supra Data for 2015 and 2016 exclude defendants convicted of criminal misdemeanors. misdemeanors. criminal of convicted defendants exclude 2016 and 2015 for Data Id. 177 , . . .M What explains the attractiveness the What explains 2008 2009 21,201 2010 5,867 27% 15,334 73% 2011 27,197 2012 7,433 27% 19,764 73% 2013 59,392 40,000 67% 19,392 33% Year 175 176 177 RAVSTAT RAVSTAT ROCHEV FORMATTED ROCHEV corruption and reducing caseloads and d caseloads corruption and reducing investigators, procurators, as detectives, criminal justice professionals (such motivators prime as the indicators serve job performance to fulfil and judges) P enforcement officials work together with the defendant to force the victim to the victim force to defendant with the together work officials enforcement reconciliation. agree to of 62,603 closed cases 2014, procurators In crimi to court sent and defendants Table 10. Closing Reconciled Cases Pre-trial at the and Trial Stages Criminal of the Process T 140 who studied the this practice extensively on the basis of official statistics and on the basis of official extensively practice who studied the this officials withinterviews the law-enforcement in the argues that mid-2000s, Asanov entry in force of Criminal Code and Criminal Procedure Code did not change change did not Procedure Code Criminal Code and in force of Criminal entry defendants 54,032 of cases closed procurators in 2015 much: this proportion 33,461 and 60,393 were numbers the 2016, in court; to 32,796 and sent respectively. 39262-cin_50-1 Sheet No. 74 Side B 74 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 75 Side A 07/06/2017 10:17:34

141 141 6/28/2017 5:26 PM Comparisons Comparisons note 165. 165. note Reducing caseloads caseloads Reducing

supra supra that judges in different that judges in 178

lity is a sign of the legacy of is a sign the legacy of lity

thout the real risk of appellate risk of appellate real thout the did four years ago. did four years ion of all cases handled for all ion of all cases on the bottom of Table 11 tend to tend to of Table 11 on the bottom cases of private prosecution or was was or prosecution private of cases As shown in Table 11, there is no As shown rked responsibility for closing cases for closing rked responsibility ong the criminal justice professionals criminal ong the ’s leadership discourages. This wide This wide ’s leadership discourages. ples of legality, fairness and humanism fairness humanism and of legality, ples at carry the risk of expanding the prison the expanding the risk of at carry 181

caseload and frequency of reconciliation, frequency caseload and

note 168; Akhpanov & Pen, & Akhpanov 168; note Table 11 demonstrates demonstrates Table 11 note 165. 165. note 180 supra supra , and because they were rewarded for a higher number were rewarded for a higher number they and because supra supra

179 USTICE note 2, at 103. 103. 2, at note J

supra INISTRY OF Alkon, Alkon, Id. Pen, & Akhpanov . . .M . 178 179 180 181 ROCHEV FORMATTED ROCHEV M K provinces except Almaty Province, and the cities of Almaty and Astana. Almaty the cities of and Province, Almaty except provinces 8 on detentions, Table pre-trial 2 on data in Table province-level Finally, show that courts reconciliations on 11 and Table acquittals, exonerations and three these in processing differently perform may province in the same Princi business. categories of judicial between 2014 and 2015 show that the new Criminal Code and Criminal Criminal and Code Criminal that the new show 2015 and 2014 between cases criminal to have led to the decline in reconciled seem Code Procedure and in the proport in absolute numbers cases. judges in processing criminal to drive do not seem provinces vary greatly in greatly of closing vary terms as procurators cases on this basis, provinces th insist on convictions to do not seem the country that process population—a in with the lack of variation inter-provincial variation is in stark contrast exists because This variation above. discussed to detain acquitting or refusing relationships am of different patterns of wi discretion exercise who ground on the and frommonitoring review above. of cases sent to courts, they misled the defendants and victims that and victims the defendants courts, theyof cases sent to misled the be done in only reconciliation could judges. by only to be done 2017 2017 Reconciliations and Convictions Between procedures. of reconciliation use increased the behind T direct relationship between the direct relationship between though courts with the lightest caseloads with though courts of closed share the lowest top four rows 2015, courts in the cases. Until have criminal other case through reconciliation every close to used of the Table 11 cases to courts. Judges been sending fewer in procurators have though even victims and defendants where and Astana, Almaty like centers the large urban close to appear and caseloads higher other, see each to know are less likely reconciliation than they now cases via more is a strong motivator for the criminal justice system in any country. Judges in any criminal justice system for the motivator is a strong a guilty than writing of the case writing dismissal less time spend much sentence. responsibi the decreasing Meanwhile, based on convictions to secure to trial and hoping sending such cases by investigation, sloppy late socialism: judges continue to cover-up the shoddy work of the state work of the the shoddy cover-up to judges continue late socialism: prosecution. since the defendant a conviction still secures prosecution The record, a criminal a court sentence.albeit without receives 2013, Until shi clearly and procurators investigators C Y 39262-cin_50-1 Sheet No. 75 Side A 75 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 75 Side B 07/06/2017 10:17:34 M K

C Y 101 (6%) 996 (38%) 764 (27%) 618 (19%) 860 (36%) (36%) 860 547 (34%) (33%) 731 408 (28%) (28%) 408 669 (21%) (21%) 669 346 (19%) (19%) 225 151 (12%) (12%) 151 1,487 (39%) (39%) 1,487 (31%) 1,782 1,068 (33%) 1,372 (30%) For victims, 6/28/2017 5:26 PM 183

248 (15%) 739 (46%) (43%) 681 389 (34%) (34%) 389 674 (26%) (26%) 674 603 (38%) (32%) 336 438 (29%) (29%) 438 1,220 (50%) (50%) 1,220 1,458 (40%) (40%) 1,458 1,110 (51%) (46%) 2,518 1,605 (54%) 1,454 (38%) 1,547 (48%) 1,351 (33%) note 3. 182 the context that there is a high that there is a the context is high. and 2006 Between a sentence is the main prioritya sentence is thefor main supra option to recover any kind of kind option to recover any ary form. What form. goes on during ary 392 (21%) 945 (50%) 891 (51%) (51%) 891 652 (28%) (28%) 652 482 (32%) (37%) 446 555 (35%) (35%) 555

1,294 (49%) (49%) 1,294 (50%) 1,211 1,306 (36%) (36%) 1,306 (37%) 1,622 2,004 (49%) 2,271 (56%) 2,505 (46%) 1,358 (56%) 1,287 (33%) ], ence and a miniscule chance of being chance a miniscule ence and

TATISTICS S note 168. 168. note

Cornell International Law Journal Journal Law International Cornell 50 Vol. 413 (20%) 765 (50%) 575 (23%) (23%) 575 454 (25%) (25%) 454 450 (33%) (35%) 346 375 (32%) (32%) 375 988 (50%) 494 (19%) 1,283 (49%) (49%) 1,283 (49%) 1,336 1,312 (35%) (35%) 1,312 (55%) 1,357 1,674 (46%) 1,876 (50%) 3,152 (49%) OURT supra supra C ,

2011 2012 2013 2014 2015 USTICE FFICIAL J

496 (33%) 948 (53%) 770 (26%) (26%) 770 676 (24%) 363 (23%) (23%) 363 510 (61%) (28%) 360 559 (72%) (72%) 559 [O 1,630 (59%) 1,170 (45%) (45%) 1,170 (53%) 1,805 2,082 (50%) 1,148 (34%) (34%) 1,148 (55%) 1,561 2,007 (51%) 3,408 (52%)

INISTRY OF RAVSTAT RAVSTAT .P .M

From the point of view of the point of is the best the defendant, reconciliation From view 182 183 ROCHEV FORMATTED ROCHEV Pavlodar Pavlodar Kyzyl-Orda Akmola Karaganda Province Almaty Province Aktobe South Kazakhstan Almaty City North Kazakhstan Kostanay Kostanay Astana City West Kazakhstan Mangistau Kazakhstan East Atyrau Atyrau Zhambyl reconciliation may be the only viable be theviable reconciliation may only compensation, which usually takes usually monet which compensation, but known, is not well very victim and the the accused negotiations between it is clear that the bargaining bypower is determined the negotiation skills of example,the parties and the social status when a drunken of the offender. For guard in Astana a security shot Parliament of Kazakhstani son of the member Table 11. Criminal Cases of Public Prosecution Closed by Judges via Reconciliation Reconciliation via Judges by Closed Prosecution Public of Cases 11. Criminal Table Cases Closed of Share Declining of Order the in Province, by 2011–2015, in (Percentage of All Criminal Cases Handled)in 2015 T 142 exonerated and acquitted. Indeed, avoiding avoiding acquitted. Indeed, exonerated and the risk of imprisonment defendants because been consistently has all sentences among prison sentences of 2014, the share declined from 52% to 37%. though it has gradually high even opportunity to avoid being sentenced. This is in being sentenced. to avoid opportunity real prison sent a of serving probability 39262-cin_50-1 Sheet No. 75 Side B 75 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 76 Side A 07/06/2017 10:17:34

143 143

6/28/2017 5:26 PM on April 23, 2014 by

In practice, however, given given practice, however, In dium gravity, thus, making gravity, dium thus, making note 3. Data2015 for and 2016 187 as amended amended as http://rus.azattyq.org/a/Kairat_ 188 ctim of crime, and judges are and judges are of crime, ctim supra supra For example, investigators and example, For Akhpanov and Pen note that that Pen note and Akhpanov

], icable. Or they could bring charges icable. Or they

186

185 was closed through reconciliation after reconciliation closedwas through are jobless (80% in 2014, 82% in 2015, 2015, 82% in 2014, in are jobless (80%

treatment and presented a one-bedroom and presenteda one-bedroom treatment TATISTICS note 15, art. 67, 67, art. 15, note S

note 165. 165. note (Mar. 4, 2010), supra supra OURT

C 184 supra supra ry officialsoften ry

note 2, at 103. 103. 2, at note ZZATYQ FFICIAL

, A supra More likely, the accused themselves have strong to have incentives the accused themselves More likely,

189 RAVSTAT RAVSTAT Aydar Yakubov, Son of Senator Yakubov, OralbayAydar Abdyykarimov Stand Trial for Alkon, Id. Pen, & Akhpanov (1997), Code Criminal political incentives of conducting a “zero of tolerance” political incentives system, yet criminal justice ...... P In short, the new post-Soviet criminal procedure of closing criminal criminal closing procedure of criminal post-Soviet short, the new In Alkon also argues that investigators, who preserved the Soviet-era the Soviet-era preserved who that investigators, argues also Alkon These tricks have been successfully, controversially,local yet used by been successfully, These tricks have 1) population; prison reducing serve as intermediaries between the victimand the suspect, persuade[,] and, in some cases, openly blackmail the suspect (defendant) a certainto topay sum the victim as compensation caused for harm crime. by The investigator or inquiry official pre- the to transferred be will paid amount the of part that victim the with negotiates investigator as a reward for mediation and assistance. 184 185 186 187 188 189 ROCHEV FORMATTED ROCHEV M K and 83% in 2016), working-age adults, it is less likely that the defendants and 83% in 2016), working-age bribes to law-enforcement to offer attractive sufficient wealth have officials. that eight out of ten convicted persons convicted that eight out of ten the Law # 200-V. # 200-V. Law the “Hooliganism” bargain with the victims regardless of involvement of any law-enforcement law-enforcement regardless of any bargain with the victims of involvement official. it aligns well with because works in cases based on reconciliation Kazakhstan incentives: and of demands three types exclude those convicted of criminal misdemeanors. 2017 2017 Reconciliations and Convictions Between him case against the criminal in 2007, paid for his father the medical to the victim. apartment T investigators and inqui investigators monopoly on recognizing someone as a vi recognizing someone on monopoly for the accused involved this processin from kickbacks heavily and receive to reconcile. persuading the victim VIPs and their family members in high-profile traffic accidents involving traffic accidents involving in high-profile members family their VIPs and deaths. resulted eventually these cases surrounding controversy public The Code that banned to Article 67 of the Criminal in the April 2014 amendments negligence criminal which in cases closing for basis reconciliation as a persons. or more resulted in the death of one ]. [https://perma.cc/4E5D-WQWE Abdykarimov_Oralbai_Abdykarimov/1973626.html procurators could lessen criminal charges to me lessen criminal procurators could the from case the removing Offenses, thus, Administrative of Code under the systemcriminal justice altogether. the Article 67 of the Criminal Code appl Code the Article 67 of the Criminal C Y 39262-cin_50-1 Sheet No. 76 Side A 76 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 76 Side B 07/06/2017 10:17:34 M K

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However, as this this as However,

190 with the victim, with higher with victim, the with merits and resulting in conviction. and resulting in conviction. merits of the side on often working ims,

likely approve,likely the decisions of ndants face a choice between being between being a choice ndants face

nal justice, Kazakhstani judges remain remain judges nal justice, Kazakhstani tigators, prosecutors, and judges. It is It tigators, prosecutors, and judges. lowed Kazakhstan to reduce prison lowed Kazakhstan cases do not reach judges, and when the when and judges, not reach cases do note 32. note

Cornell International Law Journal Journal Law International Cornell 50 Vol.

supra supra Suleimenova, ,

See, e.g. demands for broader autonomy from the defendant (who does not want to be to want not does (who defendant the from autonomy broader for demands . in appellate proceedings when they have their appeals against denieddetentions, in criminal trials when succeed they in criminal in avoiding acquittals and exonerations; and The critics of the Kazakhstani criminal justice system usually point out usually justice system criminal The critics of the Kazakhstani The Soviet-era treatment of acquittals as failures of state prosecutors and and state prosecutors of acquittals as failures of treatment Soviet-era The More generally, this is a pragmatic to empower way the ruling regime for More generally, bureaucraticincentives law-enforcement for officials andjudges (lighter

in the pre-trial phase when they get approval for detentions in 9.5 out of 10 cases; 10 cases; of out 9.5 in detentions for approval get they when phase pre-trial the 1) in 2) the disrupting without output, same the for responsibility less and workload and professionals); justice criminal among relationship working 3) sentenced) and the victim of crime (who prefers actual and quick compensation for defendant). the of punishment to the harm the 2) 3) lenient sentences, or acquittals confirmed at a much higher rate success thandefense attorneys. 190 ROCHEV FORMATTED ROCHEV when defendants and the victims achieve reconciliation. victims and the when defendants Conclusion accusatorial bias of judges. corruption, and the pliancy, Article shows, a majority of criminal a majority Article shows, the case of chance 50% is a there docket, judge’s cases get to the remaining on the decided rather than being terminated this exercise of discretion that al dominate: agencies, which junior partners to law-enforcement Prosecutors decide the fate of the majority of criminal cases as prepared by prepared as of criminal cases of the majority the fate decide Prosecutors of basis close cases on the increasingly and they and investigators, detectives vict and defendants reconciliation between investigation justice is influenced serious criminal any Thus, the defendants. inves the discretion of detectives, by for the total registration of recent drives with the more population in parallel However, crime. and a zero tolerance to combating approach crimes judicial independence— cultivating fair trial and a the right to implementing of the Constitution tasks because arduous of requirements Kazakhstan—are criminal disrupt existingthey power relationships among justice system professionals. administering crimi In T 144 trial-level judges drives the unwillingness of judges to acquit because judges because judges judges drives the unwillingness of judges to acquit trial-level overturned. being of higher chance much a acquittals have know that The private actors to settle their disputes in the shadow of the criminal justice criminal of the the shadow in actors to settle their disputes private either by reconciliation, through cases are closed criminal As most system. defe in Kazakhstan, judges or procurators sentenced or released based on reconciliation on based or released sentenced social status and affluence helping certain defendants avoid being sentenced. sentenced. being avoid defendants certain helping affluence social status and and most judges process, Meanwhile, bargains monetary possible) and the was not reconciliation procurators (when 39262-cin_50-1 Sheet No. 76 Side B 76 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34 39262-cin_50-1 Sheet No. 77 Side A 07/06/2017 10:17:34

145 145 6/28/2017 5:26 PM

on and acquittal rates, detain and to convict, yet are to convict, yet detain and ationship is preserved by the old by ationship is preserved understanding, and fellowship fellowship between understanding, and

ong as they reinforce or do not hurt the ong as they

procurators do not participate. not participate. procurators do

ke closing criminal cases of public prosecution cases of ke closing criminal ween judges and prosecutors. prosecutors. judges and ween

Legal innovations, li Legal ROCHEV FORMATTED ROCHEV M K 2017 2017 Reconciliations and Convictions Between of “stability indicator still is of sentences” Soviet-era most of the one T important job performance indicators for a judge. Add to this the ability of ability this the Add indicators to for a judge. job performance important selling judges are to allege that recalcitrant agencies the law-enforcement their decisions and to influence judicial careers even where and to influencetheir decisions life careers even judges have judicial tenure. to both expected Judges are strongly acquittals are good arrests, and house that bails, the public convince unable to judge-procurator informal Soviet-era of the The strength for society. relationship, as shown by the stable detenti surprisingly by relationship, as shown pressure against officials, who exert occasional judges and law-enforcement of with the wishes disagree who dare to or judges recalcitrant judges, prosecutors. this close rel Kazakhstan, In Procuracy deferring careers by their to the made who guard: appellate judges trials, This is why an jurisdiction of jury the times. which produce in Soviet high acquittal rate,unusually shrinking. is slowly this is why And judges than acquit in cases bias (they more convict) accusatorial appear to show no prosecution where of private are with of crime, take root because they based on reconciliation the victim and the justice system of the criminal incentives to both the well-suited in criminal actors proceedings.On of private the who are involved demands and prosecutors, of investigators, the job makes reconciliation one hand, most defendant—the the record for a criminal secure they since judges easier, bribe potential for a (and at the least cost officials for these preferred outcome it On hand, the other reversal. lowest risk of the defendant) and the from a guilty guaranteed is (who to the defendant autonomy more affords much This is of the prosecution. outcome in deciding the the victim sentence) and private cases of in criminal of reconciliation to the lack a stark contrast who, the defendants, of a trial tends to favor the outcome prosecution, where shows experience Kazakhstan’s to reconcile. incentive no therefore, have in to take root are likely innovations that rule-of-law that legacies determine the criminal justice system so l relationship bet amicable lies in the blend of trust, mutual mutual of trust, lies in the blend C Y 39262-cin_50-1 Sheet No. 77 Side A 77 Side Sheet No. 39262-cin_50-1 07/06/2017 10:17:34