Kazakhstan Judicial Program AID-176-A-12-00011-06 Quarterly Report: January 1, 2016 – March 31, 2016

To: Irina Mitrofanova, Agreement Officer Representative, U.S. Agency for International Development CC: ABA ROLI, Washington, D.C.

From: Sholpan Tashmukhambetova, ABA ROLI Country Director for Anastassiya Sokolova, Judicial Reform Staff Attorney, ABA ROLI, Kazakhstan

Date: April 29, 2016

I. EXECUTIVE SUMMARY

In April 2012, 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-12-00011-06). Under this program, ABA ROLI is cooperating with the Kazakhstan Supreme Court, Union of Judges, 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 international best practices in judicial decision writing techniques and substantive law, support the implementation of new legislation, and develop alternative dispute resolution methods. This quarter, ABA ROLI completed all of the originally envisioned activities planned for the program, and set the stage for additional activities that would build on the successes of our cooperation and achievements to date. Namely, over the reporting period and in cooperation with the Institute of Justice, ABA ROLI developed a Handbook on How to Teach Judges and equipped the academic staff of the Institute of Justice during a training-of-trainers (TOT) with the best practices and peculiarities involved with teaching judges. In addition, ABA ROLI conducted an additional seminar on judicial decision writing at the Institute of Justice. Additionally during this quarter, ABA ROLI’s request for a no-cost extension (NCE) was approved by USAID at the end of February. This NCE extends the program by 3.5 months, with a new end-date of July 30, 2016, and supports activities that will better sustain and solidify progress achieved to date, including strengthening the organizational development of the Institute of Justice, ensuring that judges deliver higher-quality written decisions on civil cases, and apply newly enacted legislation in an informed and balanced way, namely the Criminal and Criminal Procedure Codes that have been in force since January 1, 2015. Over the reporting period, ABA ROLI started preparations for conducting events planned for the NCE period, namely recruiting a U.S. expert on countering violent extremism and

1 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 identifying an international expert to conduct meetings on strengthening the Institute of Justice, which officially became the Academy of Justice under the Supreme Court this quarter. In addition, ABA ROLI coordinated with the Union of Judges to identify dates and location for the regional judicial decision writing seminar and coordinated with the Supreme Court to finalize the dates and format for the countering violent extremism roundtable. Please see Attachment A for Monitoring and Evaluation Plan for Year Five Work Plan.

II. PROGRAM ACTIVITIES

Objective One: Improved Capacity of Judges

Outcome 1. Higher-quality written decisions (verdicts and judgments) delivered by judges

Activity 1. Develop decision writing manuals for judges Over the previous program years, ABA ROLI developed four Manuals on Judicial Decision Writing instead of three that were planned: (1) Methodology for Judicial Decision Writing on Civil Cases; (2) Judicial Decision Writing on Cases on Labor Disputes; (3) Judicial Decision Writing on Cases that are Reconsidered upon the Discovery of New Facts; and (4) Judicial Decision Writing on Cases on Disputes Related to Maintenance Obligations.

Over the course of the Program, ABA ROLI published and distributed 3,375 copies of the four judicial decision writing manuals on civil cases to all 16 oblast courts. All four manuals on judicial decision writing are available for free download at the website of the Supreme Court: http://sud.gov.kz/rus/content/materialy-sovmestnyh- Sustainable Approach meropriyatiy-doklady-prezentacii-mezhdunarodnye-akty- ABA ROLI is committed to 0 ensuring the sustainability of its programming. By Over the length of the program, ABA ROLI received making all decision writing numerous requests from representatives of the legal manuals available online community of Kazakhstan, including lawyers, judges and through the Supreme defense attorneys, to distribute the manuals for Court’s website, ABA widespread use. By making all four manuals publicly ROLI ensures that future available online on the Supreme Court web site, ABA generations of the legal ROLI ensured that they will make a positive contribution community can benefit from to the development of legal reasoning skills within the the expertise developed Kazakhstan legal community even beyond the length of through this program. the Program.

Activity 2. Develop and conduct a decision writing course for judges Throughout the course of the program, ABA ROLI was able to complete all originally planned activities under this activity. But, due to extensive cost-share with the oblast courts and continuous support of the Union of Judges and the Institute of Justice, as well as identified need by the Union of Judges for additional trainings on this topic, ABA ROLI was able to exceed its original deliverables under this activity. In addition to the planned three two-day seminars on judicial decision writing, ABA ROLI conducted nine additional one-day 2 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 seminars in cooperation with the Institute of Justice and the Union of Judges: six in different and three at the Institute of Justice. Through these collaborative efforts, ABA ROLI was able to train almost 500 judges in judicial decision writing instead of the 150 that were originally planned.

On February 2-3, ABA ROLI conducted an additional seminar on judicial decision writing and novelties of the new Civil Procedure Code at the Institute of Justice. Please see Attachment B for a List of Participants.

Retired Judge Kuanova helps a group to prepare for the pre-trial hearing role-playing activity.

This seminar, led by ABA ROLI's permanent expert on judicial decision writing, Retired Judge Inessa Kuanova, familiarized the participating judges with the methodology for judicial decision writing on civil cases. Over the course of the seminar, the participants learned how to determine facts from general statements made by parties of the case, align those facts with legal provisions, and as a result, produce well-reasoned, concise and easy-to-read judicial decisions. In addition, ABA ROLI, based on the recommendation of Kuanova, included an additional session on new Civil Procedure Code novels. This code was only recently enacted on January 1, 2016 and remains a priority focus area within the legal community. During this additional session, the participants were introduced to new concepts outlined in the legislation, including pre-trial hearings, and in particular, the voluntary settlement procedure that takes place during pre-trial hearings. Participants then put their newly acquired skills into practice through role-playing games. Please see Attachment C for the agenda of the seminar.

3 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Training evaluation surveys indicate a high level of enthusiasm for the interactive trainings conducted by Interactive Trainings ABA ROLI and its experts. The participatory environment ABA ROLI and its experts and excitement of trainees indicates not only the are committed to providing effectiveness of the trainings, but the need to continue to a hands-on, interactive, do more work like this in the future. Indeed, the Supreme learner-centered approach Court of Kazakhstan, Union of Judges, and Academy of to training. This Justice have all requested further trainings of this nature methodology gives on new topics from ABA ROLI. participants opportunities to develop a more practical During the seminar, ABA ROLI noted that some approach to their practice, participants already knew the basics of the decision and ensures the training writing methodology that the expert presented. ABA content will stick with them ROLI learned that (1) some regional courts began even after the training is incorporating the ABA ROLI-developed distance learning over. course on general methodology for judicial decision writing into their regular training curricula, and (2) as one participating judge mentioned, when she was first appointed as a judge, her official mentor worked with her and trained her based on the manuals on judicial decision writing that ABA ROLI sent to all oblast courts.

In addition, once USAID approved ABA ROLI’s request for a no-cost extension ABA ROLI started discussions with the Union of Judges on dates and region for the seminar. As a result of these discussions, Taraz city (Zhambul oblast) was selected as the next seminar's venue. The tentative date of the seminar was set for mid-April. Over the reporting period, ABA ROLI also communicated with its local expert, Retired Judge Kuanova, to ensure that the seminar agenda is reflective of the latest changes in the civil legislation.

Over the next reporting period, ABA ROLI will conduct regional seminar on judicial decision writing for approximately 30 judges of Zhambul oblast.

NCE Expected Deliverable(s):  One (1) seminar on judicial decision writing conducted for approximately 20 judges in one of the regions of Kazakhstan. To be completed in the next reporting period

Success Highlight ABA ROLI has successfully demonstrated the value of convening exchanges and knowledge-sharing amongst judges in Kazakhstan as they begin to apply new novels of the criminal code. Based on the success of the activities under this outcome, the Supreme Court, the Union of Judges, and the Academy of Justice have requested that ABA ROLI develop additional trainings to assist judges in the application of these new novels, indicating that the judiciary in Kazakhstan remains fully committed to effectively implementing these judicial reforms.

4 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Activity 3. Develop a distance-learning course on decision writing To complement the theoretical material presented in three of the manuals, ABA ROLI developed three distance-learning courses on judicial decision writing over the course of the program. The distance-learning courses feature the corresponding manual on judicial decision writing in electronic format supplemented by interactive tasks that help users better absorb the theoretical material of the manual. The distance-learning courses were transferred to CD- ROMs and ABA ROLI distributed 1,500 copies to all of the 16 oblast courts.

Outcome 2. Improved application of new legislation by judges

Activity 1. Conduct Judicial Sector Exchange on International Best Practices In prior years, ABA ROLI completed two judicial sector exchanges, the first one to Berlin to study the German experience in determining and sentencing a criminal infraction and the second one to Estonia to study the Estonian experience in plea bargaining and the role of the investigative judge. ABA ROLI has built on these exchanges through other activities, including conducting seminars and videoconferences for judges that showcase lessons learned from both trips.

Activity 2. Develop and conduct seminars for judges on application of new legislation Over the course of the program, ABA ROLI completed the originally planned activities, conducting three high-level and large-scale conferences on different aspects related to the implementation of the new criminal legislation. Sixty six stakeholders, including representatives of the Ministry of Internal Affairs, the General Prosecutor’s Office, defense advocates, members of the business community, and international experts, attended the last conference, organized by the Supreme Court, the Union of Judges, and the German Foundation for International Legal Cooperation . As a result of the conference, the Supreme Court compiled recommendations on the further development of criminal legislation and its implementation and sent them to the authorities addressed by the recommendations, including the Executive Branch of the Republic of Kazakhstan, the Ministry of Justice, the Supreme Court, the General Prosecutor’s Office and others.

In preparation for the no cost extension period, ABA ROLI initiated discussions with the Supreme Court and the Union of Judges to conduct a roundtable for representatives of law enforcement agencies and the judicial system on current challenges and gaps in countering violent extremism. As of the end of this reporting period, the roundtable is scheduled for June 17, 2016. Upon USAID’s suggestion, ABA ROLI also reached out to ABA ROLI board member Richard G. Stearns, acting United States District Judge and U.S. expert on countering violent extremism, to present the U.S. experience at the roundtable. ABA ROLI received Judge Stearns' consent to participate in the event and speak on the U.S. perspective and experience in countering violent extremism.

Within next reporting period, ABA ROLI will coordinate with the Supreme Court to finalize the agenda and list of participants, and conduct the roundtable event.

NCE Expected Deliverable(s):  One (1) roundtable for representatives of law enforcement agencies and judicial system on current challenges and gaps in countering violent extremism conducted for approximately 25 people.

5 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 In Progress. ABA ROLI, in coordination with the Supreme Court, has identified the date of the roundtable and engaged a US expert to present at the roundtable. ABA ROLI plans to hold the roundtable on June 17, 2016.  Final recommendations developed during the roundtable submitted to the Academy of Justice and Institute of the General Prosecutor’s Office. To be completed in the next reporting period.

Activity 3. Videoconference after the judicial sector exchange In October 2014, ABA ROLI cooperated with the Union of Judges and the Supreme Court to conduct one videoconference following the first judicial sector exchange and regional seminar on the implementation of the new criminal legislation. Following ABA ROLI’s second judicial exchange and regional seminar in June 2015, the Supreme Court of the Republic of Kazakhstan organized a second videoconference on plea bargaining with the participation of a Justice of the Supreme Court who attended ABA ROLI’s study tour to Berlin, Germany.

This activity is complete and no additional videoconferences are planned for this year. ABA ROLI will collaborate with the Union of Judges and the Supreme Court over the remainder of the program period to identify additional mechanisms for which information related to criminal legislation may be disseminated to judges in the regions by the courts.

Outcome 3. Increased educational capacity of the Institute of Justice Training-of-Trainers Activity 1. Develop a handbook and TOT on How to In order for the nascent Teach Judges Academy of Justice to be able Over the reporting period, ABA ROLI completed its to fully achieve its educational handbook on How to Teach Judges. The handbook, mandate, it is essential that developed by ABA ROLI's well-recognized expert their trainers are brought in at Retired Judge Kuanova, is based on the standards for all parts of the program. The judicial education and civil legislation. training of trainers gives the staff valuable training skills to The handbook navigates the reader through different not only introduce the questions that a trainer of judges may face when handbook to judges in he/she starts to develop a new course in order to Kazakhstan, but to deliver enable the instructor to develop a responsive and future trainings in a more appropriate training for a class of judges. These engaging and effective way. include:  "What is interesting for judges? How to identify topics for new courses?”  "What teaching methods to choose?"  "How to organize interactive tasks?"  "How to make the learning process more interesting?"

In order to build the bridge between theory presented in the handbook and real practice, Retired Judge Kuanova illustrated the theoretical material with examples from ABA ROLI's course on judicial decision writing on civil cases throughout the handbook. Please see Attachment D for a copy of the handbook on How to Teach Judges in Russian

6 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 On February 3, 2016, ABA ROLI conducted a TOT on How to Teach Judges using the handbook to the academic staff of the Institute of Justice. Twelve staff attended the training, which facilitated a discussion of ideas and methods that the participants used to teach judges while introducing them to potential new methods. As they were learning about new teaching methods, the participants had the chance to act as regular participants and learn first-hand which teaching methods are the most effective ones. They also discussed how to identify judges' needs in training, how to prepare an interactive seminar, how to develop strong examples for case studies, and other valuable skills that will inform their approach to teaching moving forward. Please see Attachment E for the List of Participants of the TOT and Attachment F for the agenda.

At the training-of-trainers, participants worked in groups to identify the most important topics for trainings for judges and presented their work to the group. At the end of the TOT, the participants noted that such discussion platforms between the regular academic staff of the Institute of Justice and experts of partner-organizations like ABA ROLI are very informative as they enable them to learn something new and explore different approaches to teaching judges. After the seminar, ABA ROLI provided the handbook to the Institute of Justice. The newly established Academy of Justice has not developed its new web-site yet; once it is online and available, ABA ROLI will coordinate with the Academy to make the handbook available online for free download.

NCE Expected Deliverable(s):  Develop a Handbook on How to Teach Judges for use by permanent faculty of Institute of Justice Completed. ABA ROLI finished its Handbook on How to Teach Judges and presented it during the TOT on February 3.  Develop and conduct one (1) pilot training-of-trainers course for 10 faculty of the Institute of Justice on techniques for teaching judges. Completed. ABA ROLI developed and conducted a pilot TOT course for 12 faculty of the Institute of Justice on techniques for teaching judges.

Activity 2 (new under no-cost extension). Facilitate expert meeting on the institutional development of the Academy of Justice (formerly the Institute of Justice) On February 18, 2016, the President of the Republic of Kazakhstan signed a decree to re- organize the Institute of Justice of the Academy of Public Administration under the President of Kazakhstan into Academy of Justice under the Supreme Court.

7 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 With this, activities designed to build the strength of the Academy of Justice became even more relevant and important than ever. Currently, the Academy is operating in a transitional mode; some of its organizational units are still functioning under the Academy of Public Administration and are being gradually transferred to the Academy of Justice. The Academy of Justice is expected to be fully operational under the Supreme Court beginning July 1, 2016. This timing allows ABA ROLI to provide expertise on the institutional development of the Academy of Justice.

Over the reporting period, ABA ROLI coordinated with the Academy of Justice to determine the format, dates and content of a series of expert meetings to help develop the processes needed to create a strong and stable organization. These meetings are scheduled for May 12- 13, 2016. In order to display international experience in developing institutional capacity of judicial academies, ABA ROLI will work with a German expert, Jens Deppe Doctor of Juridical Science, who is an international legal expert specialized in legal reform and judicial education, and will offer the German experience in building the German Judicial Academy.

Over the next reporting period, ABA ROLI will conduct two expert meetings on the institutional development of the Academy of Justice. From these, the expert and participants will jointly develop recommendations on further development of the Academy of Justice and ABA ROLI will then submit them to the Supreme Court.

NCE Expected Deliverable(s):  Two (2) expert meeting on institutional development of the Academy of Justice conducted. In Progress. ABA ROLI in coordination with the Academy of Justice identified May 12-13 as dates for the experts meeting and engaged a German expert, Mr. Deppe, to present German experience in building strong Judicial Academy.  Recommendations on further development of the Institute of Justice developed and submitted to the Supreme Court To be completed in the next reporting period.

Objective Two: Enhanced Efficiency and Accessibility of the Judicial System

In the previous work plan years, ABA ROLI completed all activities under this Objective.

ABA ROLI conducted three two-day seminars on mediation for judges highlighting international experience and presenting universal mediation tools and techniques to be used by judges both in their regular work as a judge and when serving as judge-mediator. In addition, ABA ROLI disseminated a Guide to Mediation, a resource presenting primary mediation principles, tools and techniques, to 27 mediation centers in Kazakhstan. Also, ABA ROLI offered the expertise of a Legal Specialist, who presented the U.S. experience in mediation to judges and court staff on a regular basis during four months of Year Three. ABA ROLI also cooperated with the Kazakhstani International Arbitrage (KIA), the country’s first arbitration court, to prepare a compilation of arbitration decisions made by the KIA from 2008-2013 and distributed them among all of the economic and oblast (appellate) courts of Kazakhstan.

ABA ROLI also completed two print and radio campaigns to raise public awareness on ADR and the new criminal legislation. During the first print campaign, ABA ROLI developed and

8 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 distributed 2,500 copies of two different leaflets on mediation, explaining topics such as ‘what is mediation?’, ‘who is a mediator?’, ‘what is mediation procedure?’, ‘what are main principles of mediation?’, etc. During the second print campaign, ABA ROLI published and distributed 194,650 copies of eleven leaflets both in Russian and Kazakh languages with the help of significant cost-share with the Supreme Court of Kazakhstan. The leaflets focus on various topics, e.g. jury trials; how to appeal a decision in the appellate court, court of cassation, and Supreme Court; which courts consider criminal cases; who is the investigating judge and what are her/his main duties; and what is the procedure for habeas corpus. Following each print campaign, ABA ROLI aired Public Service Announcements that complemented the print materials on mediation and on the new criminal legislation on a national radio station that broadcasts all over the country.

Throughout the implementation period, ABA ROLI will continue working with stakeholders to uncover opportunities for additional work or collaboration as public awareness and alternative dispute resolution are integral to the modernization of Kazakhstan’s judiciary and the effective and efficient adjudication of cases.

IV. CONCLUSION

During the reporting period, ABA ROLI completed all activities envisioned by the original program's scope of work while beginning to work on initiatives that would sustain and expand activities under the no cost extension period. ABA ROLI‘s efforts on improving the capacity of judges are yielding impressive results, as the judicial system is undertaking institutional changes to implement best international practices in advancing fair justice.

Over the next reporting period, ABA ROLI will implement all new activities that are incorporated in its NCE's scope of work, specifically:  Conduct a regional seminar on judicial decision writing;  Conduct a high-level roundtable on countering violent extremism and develop recommendations on countering violent extremism;  Conduct two expert meetings on the institutional capacity of the Academy of Justice and develop recommendations for its advancement as a new institution under the Supreme Court.

9 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex A. M&E Plan

PROGRAM GOAL: Support the modernization and increase public trust of the judicial system of Kazakhstan USAID Standards Indicators: Number of Judges and Judicial Personnel Trained with USG Assistance (disaggregated by gender, judges, court personnel) Number of USG-assisted campaigns and programs to enhance public understanding, NGO support and media coverage of judicial independence and accountability Number of training days provided to executive branch personnel with USG assistance OBJECTIVE ONE: IMPROVED CAPACITY OF JUDGES

Definition & Unit of Data Collection Sources and Indicators Baseline Work Plan Year 5 Status Measurement Methods

OUTCOME ONE: Higher quality written decisions delivered by judges Outputs: 1) Develop decision writing manuals for judges, 2) Develop and conduct decision writing course for judges, 3) Develop distant-learning course on decision writing -Number of Judges and #judges and/or judicial Source/Method: Project 496 1judges and faculty Target: n/a. Activities Exceeded. On February Judicial Personnel Trained personnel members records; training attendance trained in Years Two-Four completed during previous 2-3, ABA ROLI with USG Assistance (disaggregated by sheets, Kazakhstan Supreme combined program years conducted an additional gender/location/type) Court records seminar for 35 judges (18 female, 17 male; 21 city court judges, 13 district judges; 1 military court judge)

-Number of courses #courses Source/Method: 3 decision writing courses Target: n/a. Activities n/a developed to enhance judicial #disseminated Project records developed in both in-class and completed during previous capacity distance-learning format and program years 1500 copies disseminated in Work Plan Years Two-Four

-Number of TOT trainees #judges as TOT trainees Source/Method: Project 14 judges and additionally 48 Target: n/a. Activities n/a trained to conduct (disaggregated by records; training attendance professionals trained as peer- completed during previous independent trainings for gender/location/type of judge) sheets instructors in Work Plan program years judges Years Two Four

1 Of the number of participants trained in decision writing skills during Years Two - Four, ABA ROLI has disaggregated data for 362 of these participants: 171 female, 191 male; 24 oblast judges, 97 city judges, 206 district judges; 2 military court judges; 4 specialized administrative court judge, 2 juvenile court judges, 27 specialized interdistrict economic court; all 16 regions represented. 10 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex A. M&E Plan

-Number of materials #materials Source/Method: 4 manuals on decision writing Target: n/a. Activities n/a developed to enhance judicial #disseminated Project records developed in Work Plan Years completed during previous capacity Two-Four; 3,375 copies program years disseminated

98,7% based on responses -Increased knowledge among % of satisfactory responses by Source/Method: Pre- and post- collected during Years Two- Target: n/a. Activities n/a judges about judicial decision judges (disaggregated by training surveys; interviews; Four completed during previous writing gender/location) analysis by staff program years OUTCOME TWO: Improved application of new legislation by judges Outputs: 1) Conduct Judicial Exchange on International Best Practices, 2) Develop and conduct seminars for judges on application of new legislation, 3) Videoconference after the judicial exchange -Number of Judges and #judges and/or judicial Source/Method: Project 152 judges and judicial Target: 25 judges via in- Completed. 36 judges Judicial Personnel Trained personnel members records; training attendance personnel attended judicial person sessions participated in the with USG Assistance (disaggregated by sheets, Kazakhstan Supreme exchanges in Year Three and conference on gender/location/type) Court records Year Four (to Germany and to application of new Estonia); 933 judges attended criminal legislation (4 regional seminars on female, 32 male; 19 application of new legislation oblast courts judges, 2 in Years Three and Four city courts judges, 12 district courts judges, 3 interdistrict courts judges; 16 regions).

Completed. Though, no formal evaluation was -Increased knowledge among % of satisfactory responses by Source/Method: Pre- and post- 96% of study tour participants Target: 50% conducted because of the judges about new legislation judges (disaggregated by training surveys; interviews; and 97.8% of the seminar format of the event gender/location) analysis by staff participants in their evaluation (conference and not forms indicated that as a seminar), from the consequence of the study tour informal

2 5 female, 10 male; 9 regions represented; 9 oblast, 1 SC, 2 UoJ judges; 2 specialists of the Apparatus of the Supreme Court and one specialist of the Union of Judges 3 28 female, 65 male; 30 oblast courts judges, 1 military court judges, 22 city courts judges, 23 district court judges and 17 specialized interdistrict criminal court judges; 16 regions represented 11 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex A. M&E Plan

their knowledge increased communications with the conference participants, ABA ROLI staff learned that the event was very informative and meaningful. OUTCOME THREE: Increased educational capacity of the Institute of Justice Outputs: 1) Develop Handbook and TOT on How To Teach Judges -Number of training days #training days Source/Method: zero Target: 10 professors of Completed. On February provided to executive branch #personnel (disaggregated by Project records the Institute of Judges are 3, 2016 ABA ROLI personnel with USG gender) trained; one 1-day TOT conducted TOT for 12 assistance seminar faculty staff of the Institute of Justice

-Number of materials #materials Source/Method: Project records zero Target: One Handbook on Completed. ABA ROLI developed and provided to #disseminated How to Teach Judges is developed the Handbook executive branch personnel developed and provided to and provided to the with USG assistance the Institute of Justice, and Institute of Justice. made available electronically online OBJECTIVE TWO: ENHANCED EFFICIENCY AND ACCESSIBILITY OF THE JUDICIAL SYSTEM OUTCOME ONE: Strengthened ADR mechanisms and increased number of ADR resources Outputs: 1) Develop and conduct ADR courses for judges, 2) Publication of ADR resources and materials -Number of Judges and #judges and/or judicial Source/Method: Project 1084 judges, judicial personnel Target: n/a. Activities n/a Judicial Personnel Trained personnel members records; training attendance and faculty of the Institute of completed during previous with USG Assistance (disaggregated by sheets, Kazakhstan Supreme Justice trained in Years Three program years gender/location/type) Court records and Four; additionally more than 150 judges and court personnel attended lectures on US experience in mediation in Year Three

4 92 judges including 64 female, 28 male; 16 regions represented; 36 city, 30 district, 24 oblast judges, and 2 judges of specialized interdistrict courts; and 16 judicial trained personnel 12 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex A. M&E Plan

-Number of courses #courses Source/Method: 1 in-person course developed Target: n/a. Activities n/a developed to enhance Project records in Year Three completed during previous accessibility of judiciary program years

-Number of materials #materials Source/Method: 2 resources published to Target: n/a. Activities n/a developed to enhance #disseminated Project records enhance accessibility of completed during previous accessibility of judiciary judiciary; 2 resources program years published for legal sector reference; more than 1,200 copies disseminated OUTCOME TWO: Increased public awareness of the judicial system Outputs: 1) Develop and distribution of leaflets on new laws and ADR, 2) Develop PSAs on new laws and ADR - Number of USG-assisted #campaigns Source/Method: Project records 2 print campaigns; 2 radio Target: n/a. Activities n/a campaigns and programs to #disseminated campaigns, 5,000 copies completed during previous enhance public disseminated in Year Three; program years understanding, NGO support 2 radio campaigns; 11 leaflets and media coverage of on new legislation are judicial independence and developed, printed for a total accountability of 194,650 copies and disseminated among oblast courts in Year Four

13 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex B. Decision Writing Seminar Participants

List of participants of the seminar on

“METHODOLOGY FOR JUDICIAL DECISION WRITING ON CIVIL CASES IN ORDINARY PROCEEDINGS.

NOVELTIES OF THE CIVIL PROCEDURE CODE REGARDING COURT HEARINGS IN THE FIRST

INSTANCE COURTS”

February 2-3, 2016

№ Name Position

1. Beibitov Director of the Institute of Justice of the Academy of Public Murat Sadykovich Administration under the President of the Republic of Kazakhstan 2. Shakishev Head of Department on "Civil-law disciplines" of the Justice Institute Kazbek

Danagulovich

3. Yerkinbayeva Senior research associate of the Department "Civil-law disciplines" Yenlik Unerbekovna of the Justice Institute

4. Dzhalbyrova Judge of #2 Almaly district court Saule Satybaldiyevna of city 5. Dauletova Judge of Medeu district court of Botagoz Dauletkyzy Almaty city 6. Kasabulatov Judge of Zhetysu district court of Kaken Yermukhametovich Almaty city 7. Aripov Judge of Sayarka district court of 14 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex B. Decision Writing Seminar Participants Kunbolat Serikovich Astana city 8. Shualkanova Judge of Yessil district court of Nazgul Kassymovna Astana city 9. Alina Judge of Almaty district court of Aizhan Nurlanovna Astana city 10. Orymbay Judge of Kokshetau city court of Kulziya Zhanatkyzy Akmola oblast 11. Tulegenov Judge of Kokshetau city court of Gabit Sabytovich Akmola oblast 12. Karzhanova Judge of Aktobe city court of Aigul Bazjigitovna Aktobe oblast 13. Mynbayev Judge of Aktobe city court of Manarbek Adilgereyevich Aktobe oblast 14. Zhumagul Serik Judge of Aktobe city court of Aktobe oblast 15. Anisimov Judge of Taldykorgan city court of Oleg Viktorovich Almaty oblast 16. Bekenov Judge of Karasay district court of Yerbol Rayfovich Almaty oblast 17. Kiyekbayeva Judge of Yenbekshikazak district Nazigul Mustafayevna court of Almaty oblast 18. Bekseyit Judge of Taraz city court of Zhanserik Nurseituly Zhambyl oblast 19. Sergaziyev Judge of Taraz city court of Nurdaulet Serikkaliyevich Zhambyl oblast 20. Dauletova Judge of Satpayev city court of Aliya Zhanatovna Karaganda oblast 21. Konurbayeva Judge of Temirtau city court of Assemgul Seiylkhanovna Karaganda oblast 22. Dugarov Judge of #2 Kazybek biy district Azamat Kazbekovich court of Karaganda oblast 23. Kutysheva Judge of Zhezkazgan city court of Nassipkul Alpysbayevna Karaganda oblast 24. Sarmuldinov Judge of Kostanay city court of Aman Kumarovich Kostanay oblast 25. Derbisaliyeva Judge of Kyzylorda city court of Zhazirash Kalmakhanovna Kyzylorda oblast 26. Zhussupov Judge of Kyzylorda city court of Telzhan Kuanyshbekovich Kyzylorda oblast 27. Kaliyeva Judge of #2 Aktau city court of Maira Kemelbekovna Mangystau oblast

15 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex B. Decision Writing Seminar Participants 28. Nurbekova Judge of Yenbekshi district court Sveta Anarbayevna of South Kazakhstan oblast 29. Auelbekova Judge of Karatau district court of Lazat Seiytkhanovna South Kazakhstan oblast 30. Ibrayev Judge of Pavlodar city court of Yerlan Tenbayevich Pavlodar oblast 31. Mardanov Judge of Ekibastuz city court of Serik Kamzenovich Pavlodar oblast 32. Abenova Judge of Pavlodar city court of Aizhan Chaimordanovnca Pavlodar oblast 33. Abilmazhinova Judge of #2 Petropavlovsk city Aray Yurievna court of North Kazakhstan oblast Myrzatayeva Judge of #2 Petropavlovsk city Elmira Adekhanovna court of North Kazakhstan oblast 34. Kurmashev Judge of specialized interdistrict Timur Zhumabekuly economic court of East Kazakhstan oblast 35. Abishev Judge of Oskemen city court of Ruslan Manarbekovich East Kazakhstan oblast 36. Imanmadiyev Judge of Urzhar district court of East Kazakhstan oblast Berik Aitmukhambetovich

37. Baisalkanova Judge of Semey garrison military Almira Aleksandrovna court

16 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex C. Agenda of the Decision Writing Seminar

AGENDA Of the seminar on “METHODOLOGY FOR JUDICIAL DECISION WRITING ON CIVIL CASES IN ORDINARY PROCEEDINGS. NOVELTIES OF THE CIVIL PROCEDURE CODE REGARDING COURT HEARINGS IN THE FIRST INSTANCE COURTS” February 2-3, 2016 Venue: Institute of Justice of Academy for Public Administration under the President of the Republic of Kazakhstan Astana, 33a, Abay str. TUESDAY, FEBRUARY 2 09.30–09.45 Welcoming speeches BEIBITOV Murat Sadykovich, Director of the Institute of Justice TASHMUKHAMBETOVA Sholpan Zhenissovna, Country Director of the Representative office of the American Bar Association Session I. Methodology for preparing civil case for hearing in ordinary proceedings Moderator: SOKOLOVA Anastassiya, Staff Attorney, ABA ROLI 09.45–10.00 Preparing civil case for trial in ordinary proceedings KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court

10.00–10.30 Fact finding KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court 10.30 – 10.50 Coffee-break 10.50 –11.50 Interactive task: work in small groups: prepare a case; identify facts that are important in this case; distinguish disputable and indisputable facts; identify the necessary evidence. Presentations by groups 11.50–12.20 Application of the law (Subsumption) KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court 12.20 –12.40 Right of claim and its basis KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court 12.40 –13.00 Discussion 13.00 –14.00 Lunch 14.00–15.00 Interactive task (task on law application: identify applicable provisions of the law, make a decision on a case and justify the decision). Presentations by groups. Session II. Methodology for composing a judicial decision on civil cases in ordinary proceedings Moderator: SOKOLOVA Anastassiya, Staff Attorney, ABA ROLI

15.00–15.20 Introductory and descriptive part of judicial decision KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court 15.20–15.50 Reasoning and resolution part of judicial decision KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court 15.50–16.10 Coffee-break 16.10-17.00 Interactive task (work in pairs: analyze the judicial decisions) 17 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex C. Agenda of the Decision Writing Seminar 17.00–17.20 Legal reasoning at judicial decision writing KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court

17.20 –18.00 Discussion. Summing up Day One WEDNESDAY, February 3 Session III. Novelties of the Civil Procedure Code regarding court hearings in the first instance courts Moderator: SOKOLOVA Anastassiya, Staff Attorney, ABA ROLI 09.30–10.10 Interactive task (Questions and Answers): Modus procedendi of the pre-trial hearing. Judicial acts pertaining to the pre-trial hearing.

10.10–10.20 Voluntary settlement: conditions for application of the settlement procedure KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court 10.20-10.40 Peculiarities of communication aimed at achieving voluntary settlement KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court 10.40-11.00 Discussion 11.00 – 11.20 Coffee-break 11.20 –12.20 Practical task: to conduct a voluntary settlement procedure during the pre-trial hearing (role-play game) 12.20–12.50 Discussion 12.50 –13.00 Closing remarks

18 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex D. Handbook on How to Teach Judges

Please see additional attachment for the full 38-page handbook.

19 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex E. List of Participants in Training of Trainers

“MODERN METHODOLOGIES FOR TEACHING ADULT LEARNERS – JUDGES”

February 3, 2016

№ Name Position

1. Beibitov Director of the Institute of Justice of the Academy Murat Sadykovich of Public Administration under the President of the Republic of Kazakhstan 2. Karzhaubayev Deputy Director of the Institute of Justice of the Serik Seyitovich Academy of Public Administration under the President of the Republic of Kazakhstan 3. Shakishev Head of Department on "Civil-law disciplines" of Kazbek Danagulovich the Justice Institute 4. Aikumbayev Head of Department on "Criminal and Talgat Moldybekovich administrative proceedings" of the Justice Institute 5. Alenov Professor of Department on "Civil-law disciplines" Marat Amradinovich of the Justice Institute 6. Kosanov Professor of Department on "Civil-law disciplines" Zhumash Khazhenbayevich of the Justice Institute 7. Raiymbayev Professor of Department on "Civil-law disciplines" Sanzybek Ilyassovich of the Justice Institute 8. Narbinov Assistant professor of Department on "Civil-law Mirgul Maidanovna disciplines" of the Justice Institute

9. Sadykanova Assistant professor of Department on "Criminal Zhanna Yessembekovna and administrative proceedings " of the Justice Institute 10. Utanov Assistant professor of Department on "Criminal Mukhtarkhan Aidarkhanovich and administrative proceedings " of the Justice Institute 11. Yegemberidiyev Senior research associate of the Department Yerzhan Oshakbayevich "Civil-law disciplines" of the Justice Institute 12. Yerkinbayeva Senior research associate of the Department Yenlik Unerbekovna "Civil-law disciplines" of the Justice Institute

20 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016 Annex F. Training of Trainers Agenda

AGENDA

of the Training of Trainers

“MODERN METHODOLOGIES FOR TEACHING ADULT LEARNERS – JUDGES”

February 3, 2016 Venue: Institute of Justice of Academy for Public Administration under the President of the Republic of Kazakhstan Astana, 33a, Abay str.

WEDNSEDAY, FEBRUARY 3 14.00–14.15 Welcoming speeches BEIBITOV Murat Sadykovich, Director of the Institute of Justice TASHMUKHAMBETOVA Sholpan Zhenissovna, Country Director of the Representative office of the American Bar Association Session I. General considerations regarding judicial education Moderator: SOKOLOVA Anastassiya, Staff Attorney, ABA ROLI 14.15–14.30 How to identify judges’ needs in training? KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court

14.30–15.00 Interactive task (work in small groups: identify topics for training of judges and develop an agenda). Groups’ presentations. Session II. Methodology for teaching judges Moderator: SOKOLOVA Anastassiya, Staff Attorney, ABA ROLI

15.00 – 15.30 How to prepare an untraditional lecture? KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court 15.30 –15.50 Methods and techniques for organizing interactive tasks KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court

15.50–16.10 Coffee-break 16.10-17.00 Interactive task (work in small groups). Groups’ presentations 17.00-17.20 How to develop a strong case? KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court 17.20 –17.40 How to deliver an interesting training? KUANOVA Inessa Zainullovna, retired judge of North-Kazakhstan Oblast Court

17.40- 18.00 Discussion. Closing remarks.

21 Kazakhstan Judicial Program (AID-176-A-12-00011-06) ABA Rule of Law Initiative Quarterly Report, January 1, 2016 – March 31, 2016