September 30, 2014 American Bar Association Rule of Law
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KAZAKHSTAN JUDICIAL PROGRAM AID-176-A-12-00011 Year Three Annual Report October 1, 2013 – September 30, 2014 American Bar Association Rule of Law Initiative With a grant from the U.S. Agency for International Development Judges from across the country discussing the recently passed criminal and criminal procedure legislation during a seminar in Akmol oblast in September, 2014. Contact: Alexandra Belenkaya, Director, Europe and Eurasia 1050 Connecticut Ave, NW, Washington, D.C., 20036 +1 (202) 662-1579 [email protected] 1 Kazakhstan Judicial Program (AID-176-A-12-00011-02) ABA Rule of Law Initiative Annual Report, October 1, 2013 – September 30, 2014 TABLE OF CONTENTS I. Executive Summary 3 II. Program Activities 5 a. Objective One: Improved Capacity of Judges 5 b. Objective Two: Enhanced Efficiency and Accessibility of the Judicial System 18 III. Conclusion 23 IV. Annexes 24 a. Activity Monitoring and Evaluation Plan with Year Three Results 24 b. Indicator Chart of Year Three Deliverables 31 c. Year Three Success Stories 37 d. Public Communication Materials Produced During Year Three 42 e. Press Clippings 47 f. Collection of 20 Photos – please find attached as a separate document V. Attachments – please find attached as separate documents a. Letters of Support from the Union of Judges and Institute of Justice 68 b. Exemplary Agenda for Regular, One-Day Seminar on Decision Writing Skills at Institute of Justice 72 c. Agenda for September Regional Seminar on Criminal and Criminal Procedure Codes 74 d. Agenda for February Mediation Seminar 80 e. Script of the Radio Public Service Announcements – please find attached as a separate audio files 2 Kazakhstan Judicial Program (AID-176-A-12-00011) ABA Rule of Law Initiative Annual Report, October 1, 2013 – September 30, 2014 I. EXECUTIVE SUMMARY Program Overview of Year Three Accomplishments In April 2012, the American Bar Association Rule of Law Initiative (ABA ROLI) was awarded a grant of $1,950,000 from the U.S. Agency for International Development (USAID) to implement its four year Kazakhstan Judicial Program (AID-176-A-12-00011). Under this program, ABA ROLI is cooperating with the Supreme Court of the Republic of Kazakhstan, Union of Judges of the Republic of Kazakhstan, and Institute of Justice (under the Academy of Public Administration under the President of the Republic of Kazakhstan) to strengthen judges’ knowledge and application of best international practices in judicial decision writing techniques and substantive law, support the implementation of new legislation, and the development of alternative dispute resolution methods. During Year Three of the Kazakhstan Judicial Program, ABA ROLI continued to build on its successful and cooperative working relationships with the Supreme Court, Union of Judges, and Institute of Justice. Through a variety of training activities, professional exchanges, and resource development initiatives, ABA ROLI engaged members of the judiciary, legal profession, and public to Judges with less than one year of experience explored methodologies for writing concise achieve clear results towards the objectives of decisions during a regional decision writing the program: improving the capacity of judges seminar in Aktau in September. and enhancing the efficiency and accessibility of the judicial system. More specifically, in Year Three ABA ROLI achieved several program outcomes, including: Developed the practical skills of more than 370 judges through 13 in-person seminars on judicial decision writing, the application of new legislation, and mediation. Enhanced the exchange of international best practices related to criminal law through a study tour to Germany for six judges, including the Chairperson of the Union of Judges and a regional seminar on the application of new criminal legislation. Developed additional manuals, guidebooks, and technical resources on decision writing, mediation, arbitration, and court administration, distributing more than 4,000 copies to judges in all 16 oblasts, as well as mediation centers and law schools. Prepared in cooperation with the Supreme Court and the Union of Judges Recommendations of the Supreme Court of the Republic of Kazakhstan on the Application of the New Criminal and Criminal Procedure Codes, a one-of-a-kind resource that will be distributed to judges across the country on the recently passed legislation. Provided judges with additional professional development opportunities outside of in- person trainings through the design and delivery of 500 copies of a distance-learning course on decision writing to all 16 oblast courts. Contributed to increasing the national legal culture by developing and distributing 5,000 copies of print materials and two radio announcements in both Russian and Kazakh as part of an awareness campaign on mediation. With the change in leadership within the judiciary in fall 2013, this work plan year was crucial for ABA ROLI to build its reputation and forge strong working relationships with its 3 Kazakhstan Judicial Program (AID-176-A-12-00011) ABA Rule of Law Initiative Annual Report, October 1, 2013 – September 30, 2014 key partners and beneficiaries. Throughout the year, ABA ROLI managed to strengthen its relationships with the Union of Judges, the Supreme Court, and the Institute of Justice, as well as district courts, and yielded significant results. Upon the direct request of the Union of Judges, ABA ROLI provided two additional seminars on judicial decision writing in two additional regions – Almaty and Aktau cities – and upon the request of the Institute of Justice, ABA ROLI provided two additional seminars on judicial decision writing; the decision writing seminars are now integrated into the course curricula of the Institute of Justice until the end of calendar year 2015. ABA ROLI will continue to conduct this seminar for all groups of civil and economic judges coming for their professional development to the Institute of Judges over this period of time. Sustainability Highlight ABA ROLI worked with the Institute of Justice and Union of Judges to incorporate Decision Writing Seminars into regular professional development opportunities for judges. Most notably, the Decision Writing Seminar has been so well-received that ABA ROLI is supporting additional regional trainings with the Union of Judges and the seminar will also be incorporated as a regular course for judges of civil and economic courts attending classes at the Institute of Justice between September and the end of 2015. ABA ROLI is in discussions with the Institute of Justice to ensure the course’s longevity beyond 2015, as well as include it as part of the compulsory professional development curricula of the next generation of judges attending the Institute’s Master’s program. Monitoring and Evaluation Efforts In addition to the successes achieved and partnerships strengthened during Year Three, this year was also a time of reflection and review for ABA ROLI to ensure its activities are responsive and its results are captured as it enters its penultimate year of programming. On September 18, 2014 ABA ROLI received approval of its Work Plan for Year Four of the program. Following discussions with USAID and review of our monitoring and evaluation approach, ABA ROLI will adapt some of its Activity M&E Plan indicators to better reflect the reality on-the-ground of working with judges. ABA ROLI has learned that certain information is challenging, if not impossible, to obtain since the program works with such a sensitive audience as judges. Further, ABA ROLI gained approval in Year Three from the Union of Judges to explore throughout the coming work plan year ways to obtain examples from judges who have attended our trainings over the past two years in order to understand their application of the skills, knowledge and lessons learned presented in ABA ROLI seminars in their work. Please see Annex A for the Activity Monitoring and Evaluation Plan and Indicator Chart for Year Three. Cultivating Strong Support of Activities from Stakeholders Throughout the length of the program, ABA ROLI has gained the confidence of the judiciary and its partners – the Supreme Court of ABA ROLI Country Director, Sholpan Kazakhstan, the Union of Judges of Tashmukhambetova (far left) was able to Kazakhstan, and the Institute of Justice. What attend the IV Congress of Judges in November once started as cost-share only with the Institute 2013 and participate in important discussions of Justice during the seminars held at their related to the future of Kazakhstan’s judiciary. premises, grew in Year Three into a 4 Kazakhstan Judicial Program (AID-176-A-12-00011) ABA Rule of Law Initiative Annual Report, October 1, 2013 – September 30, 2014 comprehensive cost-share opportunity with also the Union of Judges and the Supreme Court for all seminars conducted by ABA ROLI as a part of its Kazakhstan Judicial Program. With the generous contributions by the Supreme Court, Union of Judges, and Institute of Justice, ABA ROLI was essentially able to double its number of participants and reach of its activities in Year Three. Demonstrating the support and interest within the judiciary for On behalf of the Central ABA ROLI’s activities, in the beginning of October 2014, ABA Council and from me ROLI received letters of support both from the Institute of personally let us express Justice and the Union of Judges acknowledging all of the efforts our acknowledgement and appreciation for the that ABA ROLI has put into enhancing the skills and brilliant and effective knowledge of the Kazakhstani judges and towards the work done by you and improvement of Kazakhstan’s judicial system. Both team of the American Bar organizations expressed their hope for future cooperation with Association…in ABA ROLI in these prospective areas of cooperation. ABA Kazakhstan on increasing ROLI is proud to receive such recognition as a result of its reputation and prestige of activities over the program period – especially Year Three – and judicial system of the appreciates this goodwill of its partners and effective Republic of Kazakhstan.