Politics of Kyrgyzstan - Judicial Branch

Judicial Branch

Although the constitution provides for an independent judiciary, Kyrgyzstan’s court system is widely seen as under the influence of the prosecutor’s office. Low salaries make the bribery of judges commonplace. Most cases originate in local courts; they then can move via the appeals process to municipal or regional courts, with the Supreme Court the final court of appeals. Property and family law disputes and low-level criminal cases are heard by traditional elders’ courts, which are loosely supervised by the prosecutor’s office. Economic disputes and military cases are heard in specialized courts. The constitutional amendments of 2003 expanded the scope of the Supreme Court in civil, criminal, and administrative proceedings. Many protections of Western jurisprudence are not present in Kyrgyzstan’s system, which retains many features of the Soviet system. The right to counsel and the presumption of innocence of the accused are guaranteed by law but often not practiced. There is no trial by jury. Reform legislation under consideration in 2006 would establish a jury system and bolster the independence of the judicial branch.