Search

Rule of law development projects have spent millions of dollars over the last seven years to assist in developing rule of law in Afghanistan. These efforts are regularly reported, often in highly politicized terms, by the individual nations responsible for funding the projects and by the organizations and institutions responsible for implementation. Academics have also been actively involved in researching and writing about aspects of these development projects and programs. However, these forums often do not allow for candid assessments and exchanges of opinions by rule of law development workers themselves. This paper will report on the results of a survey of rule of law assistance providers in Afghanistan to get a broad understanding of how the on-going rule of law development work is viewed by those on the ground providing direct assistance. The survey respondents reported on the complex development environment and the challenges of providing this type of assistance in a country facing both acute development problems and an increasingly more difficult security environment. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Over 90% of all criminal cases in the United States are resolved through plea bargaining. This form of case resolution was previously unknown in most of the countries of the former Soviet Union and the former Yugoslavia. Changing criminal procedure codes in many of these countries increasingly include some form of plea bargaining. Policy makers and legal professionals in some of these countries, such as Kazakhstan, actively debate whether to include plea bargaining in their criminal practice. This paper will critically analyze the increased use of plea bargaining in these countries looking at the power imbalances and cultural impediments to fair negotiation in the context of criminal cases in many of these countries. This paper will also discuss international aid given, particularly by the United States, to encourage the development of plea bargaining without critical analysis of whether plea bargaining will improve what are often times distressed and poorly functioning legal systems which do not adequately protect human rights. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In the last few years a clear trend has emerged in Central Asia of more criminal cases going to reconciliation proceedings instead of through traditional prosecutions. In all four countries under examination (Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan) the criminal justice systems are marked by serious human rights violations. Police and prosecutors routinely have their job performance evaluated by conviction rates resulting in pressure to not send cases to trial if a conviction is not assured. Unlike in many countries that have seen a growth in the use of restorative justice practices due to involvement by civil society and academics, the increased use of reconciliation in criminal cases in Central Asia is not motivated by a debate to find a better approach to criminal behavior. Instead the increased use of reconciliation is largely driven and motivated by professionals within the system, such as police officers and prosecutors, who see reconciliation as the easiest way to dispose of cases. Among the cases that regularly fall into this category are rape and sexual assault. The increased use of reconciliation is not tied to existing reform agendas or widely discussed. The laws that form the basis for the use of reconciliation are without clear definitions of the process that should be followed or clear direction of when, where, or how reconciliation should be used. At this point, the increased use of reconciliation seems to be reinforcing bad practices, rather then supporting the development and growth of new practices that better protect individuals ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]