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PA00MHQ4.Pdf 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 Kazakhstan 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 regions of Kazakhstan 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
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