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Advocating for Land Justice

Advocating for Land Justice

How a website brought transparency and justice to Kyrgyzstan’s land disputes. 

When Mr. Akylbek Azhimamatov was purchasing 19 acres of land for his growing petroleum products supply company in 2015, he did not expect that his purchase would become a 2.5 year-long court battle. He bought the land plot in Kara-Balta, Kyrgyzstan, from a bank which held it as collateral from the former owners who failed to repay their loan on time. After his purchase, he found out that the land wasn’t properly privatized. Despite owning the title for the property, he had to challenge his right to it in court.   

Lawyer Bakhtyer Barpiev and his client Akylbek Azhimamatov are taking a look at the land acquired by Mr. Azhimamatov, and which was contested in front of court by former owner.

“We duly paid for this land, which had a great strategic value for expanding our growing business with the railway going right by our warehouse. It would make logistics of supplying gas and diesel fuel for farmers so much more cost efficient. But I could not proceed without the full ownership rights.”

Mr. Azhimamatov lost the case twice, first in district courts and then in regional level courts. 

“When we lost the first time, I thought it wouldn’t work,” he said.

LAND DISPUTES AND ERRORS

Mr. Azhimamatov’s case is not unique in Kyrgyzstan, a mountainous country of 6 million people. Complications with land ownership rights stem from the government’s massive privatization campaign in the 1990’s after the collapse of the Soviet Union. As the sole owner of all the land in the country, the State distributed over 3 million acres of arable land to private hands in just 4 to 5 years. 

This rushed, massive privatization left a lot of room for disputes, which were exacerbated by continued legal reforms, mass migration, corruption, and other issues. Every year, land disputes are responsible for at least 30% of the caseload of the Kyrgyz courts. Errors and misinterpretation of laws by judges have led to unfair decisions in courts.

ACT.SOT.KG OFFERS SOLUTIONS

Indira Aitbaeva and Baktiyar Parpiev, two independent legal experts, decided to tackle the issue of inconsistent court decisions on land disputes. Since 2015, they have reviewed hundreds of land disputes considered by the courts all over the country to analyze errors. 

The review was made possible by a new online database of judicial decisions, ACT.SOT.KG, developed through the support of USAID’s International Development Law Organization (IDLO) Trusted Judiciary program. The project worked with hundreds of staffers, IT specialists, and judges in the judicial system to develop this groundbreaking tool. Before ACT.SOT.KG and relevant amendments to legislation, getting a single judicial decision was almost impossible for a person outside the judicial system without consent of the Supreme Court.

Indira Aytbaeva shows the website on her computer. Bishkek, Kyrgyzstan.

Today, ACT.SOT.KG houses more than 275,000 cases publically available at the click of a button. Courts across the country are now publishing over 90% of their decisions and sharing other procedural documents for public access.

Going through court decisions one-by-one, Aitbaeva and Parpiev discovered numerous inconsistencies in interpretation of the laws and errors made by judges. The problems included everything from ownership rights, determining boundaries of land plots, acquiring land, legal procedures, and more.

Ms. Aitbaeva says that the database helps to see the bigger picture. “You get an overview of judicial practice throughout the country sitting in your office. All you need is the Internet.”

“Very quickly we got used to the fact that our arms became longer. In a short time, we began to process a very large amount of information” adds Mr. Parpiev. 

UNIFYING JUDICIAL PRACTICES 

The experts’ analysis clearly indicated all the inconsistencies in court decisions on land disputes. They also prepared recommendations to help resolve similar land dispute cases in the future. 

In 2018, the Plenum of the Supreme Court used these recommendations in making a policy on consideration of land disputes mandatory for the entire judiciary system of the Kyrgyz Republic. 

“Since this issue was raised and highlighted, and the recommendations of the Supreme Court were adopted, the judges will slowly begin to be guided by them, and come to a unified practice,” Parpiev says.

RESOLVING THE CASE

In 2017, Mr. Azhimamatov appealed his case to the Supreme Court. The highest court accepted his appeal and resolved the dispute in favor of Mr. Azhimamatov. 

“It was a turning point that made me believe that justice exists,” says Azhimamatov. “With this additional land plot I was able to offer gas, fuel supply, and storage to the farmers and municipal enterprises of Kara-Balta at a lower rate. Besides that, we can also rent some of our warehouses to the farmers to store agricultural produce while they are awaiting transportation and export.” 

According to Mr. Parpiev, this case is a perfect illustration of inconsistencies that existed in judicial practice around land disputes. Throughout his research, he found different courts have been using different approaches to the same land issue. But he is hopeful that these differences will fade away as courts throughout Kyrgyzstan adopt unified judicial practices.

Almaz Akmatyliev, land litigation specialist lawyer, is advising a client in his office. Bishkek, Kyrgyzstan.

In 2020, Ms. Aitbaeva, together with advocate-lawyers Mr. Almaz Akmataliev and Ms. Venera Boltobaeva, used the same act.sot.kg website to conduct a nationwide analysis of judicial practice on land disputes. The comparative analysis revealed significant improvements in judicial practice. According to Ms. Aitbaeva, the court practice on land disputes has become more consistent with the law, thus reducing corruption and increasing transparency in the judiciary. 

#USAIDTRANSFORMS

#DEVJOURNEY

 Learn more about USAID’s Digital Development Awards. Follow @USAID.

ABOUT THIS STORY

USAID’s 2020 Digital Development Awards (the “Digis”) recognize USAID projects that harness the power of digital tools and data-driven decision making. USAID/Kyrgyz Republic: USAID-IDLO Judicial Strengthening / Trusted Judiciary Program was one of five winners chosen out of 140 applicants.

USAID/Kyrgyz Republic: USAID-IDLO Judicial Strengthening / Trusted Judiciary Program won for creating and helping to implement a holistic e-justice initiative that strengthens the integrity of the justice system, minimizes corruption, and enhances transparency. 

Footnote:

Photos by Maxime Fossat for USAID

EBRD-IDLO supported Bailiff Conference in Bishkek Opened New Horizons

On October 25-26, 2019, Bishkek, capital of the Kyrgyz Republic, hosted a regional conference titled “Court Decision Enforcement in Commercial Disputes: Achievements, Challenges, and Future Development” for the first time. Over 110 national and international participants shared experiences and conducted an open dialogue at the conference, organized by the Supreme Court of the Kyrgyz Republic, Court Department of the Kyrgyz Republic, European Bank for Reconstruction and Development (EBRD), and the International Development Law Organization (IDLO).

This was the first international conference held in Kyrgyzstan on the theory and practice of court decision enforcement in commercial disputes. A separate session allowed the Supreme Court and the Court Department of the Kyrgyz Republic to establish international contacts and explore opportunities for mutual cooperation and membership in international organizations. A few weeks after the conference, on November 16-17, 2019, an official delegation of the Court Department under the Supreme Court of the Kyrgyz Republic visited Uzbekistan to establish bilateral relations, discuss priority areas for cooperation, and exchange experience on the enforcement of judicial acts, including in commercial matters. The parties signed a memorandum that will encourage them to expand their capabilities.

How a Trip to Italy Changes the Education of Judges in Kyrgyzstan

Distance learning, online library, mentoring of judges, comprehensive training of court chairpersons, regional schools, publishing. This is only part of the plans that are being implemented in Kyrgyzstan after a study visit to Italy as part of the USAID-IDLO “Trusted Judiciary” program.

Ms. Elmira Baitikova, appointed as the Director of the High Justice Training Center (HJTC) under the Supreme Court of the Kyrgyz Republic in September 2019, took part in a study-trip to Italy on October 21-25, 2019. This trip has inspired her for changes.

“We had planned many activities before, but it was the trip to Italy that inspired us and we saw how to implement them,” says Baitikova.

Distance Learning for Judges

Having visited and learned the experience of the Italian school, the Kyrgyz delegation realized that distance education for judges is vital.

“In Italy, the distance learning turned out to work well; it inspired confidence in the necessity of it and we learned how making it possible,” she said.

Currently, the HJTC has developed a strategy for introducing the distance learning system as well as developed an online platform that will launch in 2020. Armenian colleagues, who also took part in a study-trip, are willing to share their experience with their Kyrgyz counterparts in introducing this system.

Publishing for Judges

Ms. Baitikova realized that her Italian colleagues do the publishing activity, and now she wants to develop it at the proper lever as well.

“The Italian school has a very good publishing experience, including the manuals on various cases. In 2020, we want to change our structure, and if approved, then we will have publishing”, she said.

The HJTC is now working in this direction: an e-library was created, and the civil, criminal bloc manuals are being developed and will be available to judges.

“Italians have a big e-library of courses, and judges can choose among them and study. We did not have such an e-library,” shared Ms. Baitikova. “Now we’ve opened the page on our website and started publications”.

Comprehensive Education for Court Chairpersons

After a trip to Italy, the HJTC has planned a separate in-depth training courses for court chairpersons on not only management skills, but also budgeting.

“Chairmen of courts in Kyrgyzstan change every three years, thus it is necessary to train them comprehensively and separately,” Ms.Baitikova said.

Moreover, judges from remote southern regions won’t need to come to Bishkek for training if the plan of the HJTC to open regional schools will be implemented.

“We are thinking of opening a branch in the southern region of Kyrgyzstan, since it is a remote region and convenient for judges. Italy also has regional schools. After studying their experience, we decided that this gives results,” said Ms. Baitikova.

Another case that attracted the HJTC is the experience of the Armenian Justice Academy.

“We liked the fact that training, accommodation, and meals are all provided in one building in Armenia. In this regard, we could also learn from their experience, because when our judges arrive, we always accommodate them in hotels”.

Mentorship for Newly Appointed Judges

The Kyrgyz delegation has also learned the experience of the National School of Ukraine, and liked their mentorship program.

“Our mentorship program, which would allow the experienced judges help new ones in the field, is only being developed and doesn’t work yet,” she said. “We spoke with Ukrainian colleagues and would like to conclude a memorandum to learn from their mentorship experience”.

Ms. Baitikova said that it is no secret that “more than 80% of the judges in the country have changed, they are young, few have more than five years of experience”.

The Study Trip

The study trip took place on October 21-25, 2019 as part of the USAID-IDLO “Trusted Judiciary” Program. Delegates studied the Italian judiciary and the experience of their School for the Judiciary.

Kyrgyz Judges Learn Media Relations Skills

Kyrgyz Judges Learn Media Relations Skills

Judges in the Kyrgyz Republic are sharpening their media relations skills, thanks to a new training conducted by the Supreme Court.

Running from 24 – 25 July, 2019, the objective of the training was to increase the openness and transparency of the judicial system by strengthening the relationship between the judiciary and the press.

The training is supported by the IDLO-USAID Trusted Judiciary program, and was the final session in a series that reached judges from all regions throughout the country, including Chui oblast, Osh and Jalalabad cities, Talas, Naryn, Issyk Kul oblasts and the capital, Bishkek.

It also follows a sequence of activities under the IDLO-USAID program to improve public awareness, and in turn, public trust in the justice system.

“The media plays an important role in ensuring justice and fairness,” commented the Chairman of the Supreme Court, Gulbara Kaliyeva. “Journalists can ask judges about ongoing judicial reforms and court cases, so it is important to educate judges on the art of speaking to the media and the public.”

The training was prompted by a need for judges to be ready to speak in front of journalists, as the press increasingly seeks to access information and interview judges on judicial reforms and decisions.

“The need for interaction with the media and the public is growing every day,” said Fred Huston, IDLO’s Country Director for Kyrgyzstan. “IDLO is pleased to be a partner in conducting such an event that leads to improved public awareness.”

Over the course of the two days, the participants learned public relations techniques, strategies for relaying information effectively and specific skills on how speak to the public and the media.

Going forward, IDLO and the Supreme Court will continue to collaborate under the program to engage judges in public speaking and media interviews through Expert Cafés, DanakarTalks platforms and other roundtable activities.

The USAID-IDLO Trusted Judiciary program aims at increasing public trust in the judiciary as an independent branch of power that protects citizens’ rights and upholds the rule of law in the Kyrgyz Republic.

Particularities of the Kyrgyz Republic’s Law on Mediation – BBC

In Kyrgyzstan, a separate service has appeared to facilitate pre-trial settlement of disputes and disagreements. It is called mediation. The advantage of this service is that civil matters can be resolved on a voluntary and confidential basis considering the interests of both parties. The story of BBC Kyrgyz Service.

Separate rooms or working places for mediators have been arranged in each courthouse.

Rakhat Abdyldaeva, mediator: Mediation can resolve a dispute quickly. Payment is low. In case of withdrawal of the claim the state due shall be refunded. The law on mediation had been passed as one of the elements to combat corruption.

The judge should advise anyone who applies to court to attend an informational meeting with a mediator. We can note that this is a peculiarity of the Kyrgyz Law.

Anar Egemberdieva, the judge: I think mediators will never compete with the courts. They’d rather become partners as they help reduce the number of cases in the courts and speed up decision making process. The Code of Civil Procedure clearly states that parties should be referred to a mediation meeting if both of them agree to be advised on their rights.

When meeting with a mediator it is up to the party to decide whether to cooperate with a mediator or not. However, the number of applications for mediation is very low.

Respondent: I also applied for mediation. I think that primary advantage of mediation is that it helps save time and money.

It has been almost a year since the passage of the Law on Mediation. This work had been well supported by the international organizations.

Dilbara Maksimbekova, Advisor to the IDLO organization: We have studied the international experience. Other countries have extensive mediation experience. Disputes could be resolved with a help of a mediator – an impartial person. As a result, both parties win as a dispute is to be settled taking into consideration the interests of both parties. When our Organization had been considering the mediation issue, we understood that this institution is in line with the mentality of the Kyrgyz people. In old time we used to have the courts of aksakals, biys, kazys, whose extensive life experience helped to settle disputes and disagreements.

The setback of the new service is that the information on the benefits of mediation is not yet available to the public.

Gulsina Kozhoyarova, Head of the Republican Community of Mediators: If there had been support this institute would have quickly risen to its feet.  At present mediation is still in its initial stage of development. It is in the process of formation. It requires a lot of time and financial resources. When I say financial resource, in fact mediators receive training at their own expense, but if the state could support raising of public awareness, I think, this institute would yield many benefits.

According to the law, at present mediators can handle civil, economic cases and less grave crimes.

The Kyrgyz Police Academy Launched Mock Court Program

The Kyrgyz Police Academy Launched Mock Court Program

The Academy of the Ministry of Interior Affairs of the Kyrgyz Republic launched a Mock court program for its students with the help of the INL-IDLO Criminal Law Enforcement Capacity Building Program. It involves students in role-playing games on the criminal process and provides hands-on training delivered by experienced teachers and judges.

“Our cadets are our future,” said Nurlan Djumashev, Academy’s Deputy Head. “We teach them the new [Criminal] Codes, and it possible that these young professionals might start teaching the experienced workers of the system, like us.”

The INL-IDLO Program helped the Academy in equipping its Mock court room and adopting the academic discipline. The first stream of students will take this course from March to May 2019, with a credit at the end. Highly qualified teachers include the Academy’s Associate Professor Tynychbek Osmonaliev and the Bishkek Sverdlov District Court’s Judge Almaz Kasymbekov.

Undergraduates of the Academy and of other higher educational institutions will take part at the National Mock court competition on the criminal process in May-June 2019. They will be judged by the judges of the Supreme Court, head of Universities, and representatives of the INL-IDLO Program.

The MIA Academy is the fourth higher education institution of the Kyrgyz Republic to adopt this international practice in its academic curriculum. With the help of US Government funded IDLO Program, academic judicial criminal and/or civil process courses are taught at the Kyrgyz National University, the Kyrgyz-Russian Slavic University, and the International University of Kyrgyzstan

Kyrgyz Law Students Inspired by Canadian Mediation Practices

Kyrgyz Law Students Inspired by Canadian Mediation Practices

On February 28, 2019, law students at Ala-Too International University received some firsthand knowledge about mediation from Stacey Hsu, a Canadian lawyer interning at IDLO in Kyrgyzstan.

“Mediation, a procedure for settling a dispute with the assistance of an impartial facilitator, is widely practiced in Canada, where over 90 per cent of lawsuits settle before trial,” says Stacey Hsu. “Kyrgyzstan can learn from this country’s experience in practicing mediation.”

Ms. Hsu’s presentation at the Kyrgyz University was about how mediation works and what it is like in Canada aroused great interest from law students. Students were curious about its impact, asked for advice on ways to become a good mediator, on how long it took for mediation to become popular in Canada, and how much mediators are paid.

“The key to becoming an effective mediator is to practice. You must go out and conduct mediations. It is not enough to read about it,” Ms. Hsu responded. “The best experience you will gain is from participating in or conducting mediations.”

Back in Canada, Ms. Hsu participated in hundreds of mediations, where she worked as an attorney. In a few weeks, she will be returning to the class to facilitate a mediation exercise. Ms. Hsu is working in Kyrgyzstan with support from the Canadian Bar Association and Global Affairs Canada.

“We’re glad to see our students get inspired by mediation, which was legally introduced to Kyrgyzstan in 2018. Mediation is less expensive than the court, confidential for both parties, and tailored to needs of parties,” said Aijarkyn Shyngys kyzy, IDLO’s Program Coordinator in Kyrgyzstan.

The International Development Law Organization (IDLO) partners with both EBRD and USAID to facilitate the introduction of mediation in Kyrgyzstan. Its programs helped to establish the Republican Mediators Community, increase mediators’ capacity, and raise public awareness about mediation in the country.