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- Convenor:
-
Erica Marat
(National Defense University)
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- Theme:
- LAW
- Location:
- Posvar 3600
Accepted papers
Session 1Paper long abstract
Aisuluu Abubakirova, Master of jurisprudence, researcher
Courts of women-aksakals in the Kyrgyz Republic
The image of the Mother has long been respected in the Kyrgyz society. Therefore, when in 1993 courts of aksakals (aksakal - elder, wise person), acting on the basis of the customary law (adat) were established in Kyrgyzstan, courts of women-aksakals appeared too. These are public bodies created on a voluntary basis and on the basis of electivity from among women over 50 years of age who are respected in local communities. They complement the judicial systems when considering the disputes between residents of one settlement. Their powers include property, labor and family disputes, criminal cases for minor offences.
This research is aimed at studying the prerequisites for establishing of a court of women-aksakals in the modern Kyrgyzstan, the specifics and problems of its activities.
Courts of women-aksakals are especially important in rural and remote areas. There they can act as ombudsmen. These bodies are used by rural women to protect their rights. It happens that in the course of hearings members of the court appeal to female principle: "She (the chairman of the court) speaks as a mother and a grandmother." Members of the court also take into account the local traditions, peculiarities of mentality and use the methods of people's diplomacy. They seek not to punish, but to reconcile the parties, acting as mediators. A respectful attitude of the society to a Mother, from whom it is not insulting to listen to reproaches, helps in resolving of disputes. This is important because in the recent history of the republic there are examples when domestic disputes developed into interethnic conflicts. Courts of aksakals operate on a voluntary basis and are the most accessible mechanism for resolving of disputes for women with low-income. However, there are difficulties in organizing the activities of courts of aksakals: not always chairmen of such courts have the necessary skills of legal work; there are difficulties with appealing against the decisions of courts of aksakals.
The research is based on reports on the activities of courts of aksakals in Kyrgyzstan, legal documents, data of field researches and periodicals. Research materials can be used to prepare the works and manuals in the field of the Kyrgyz customary law and women's rights, as well as to optimize the work of courts of women-aksakals in Kyrgyzstan.
Key words: court, customary law, women, Kyrgyz Republic
Paper long abstract
The paper aims to illuminate the existing situation of legal recognition of mental disabilities in the Republic of Azerbaijan. With that aim, together with the legal regulatory framework in the field, the practical aspects of that recognition are discussed, namely, the effect of legal gaps in practice, as well as other subjective human-related factors affecting the situation, and the particular challenges experienced by the persons with mental disabilities in this regard.
The paper reveals that, despite some recent positive changes, the existing legal recognition system of disabilities in the country has some legal and practical shortcomings. Such shortcomings as application of misconceptions and outdated criteria, or improper coordination in some cases lead to abuse, particularly concerning persons with mental disabilities. Thus, those people face additional, unnecessary requirements, and an inappropriate approach; for instance, being hospitalised in order to claim disability status. In other words, psychiatric hospitalisation is considered a pre-requisite for granting disability status to a person with mental impairments.
The paper is supported by the findings of the empirical study (semi-structured research interviews among psychiatrists and disability rights defenders) conducted in Azerbaijan for the purposes of the present work.
Paper long abstract
Fair-trial rights are considered fundamental and core human rights. The Kyrgyz Republic, as a member state to a number of international treaties in the field of human rights, has undertaken the responsibility of being bound by these treaties, including the responsibility to guarantee fair-trial rights to its citizens and residents. This paper presents findings of a country assessment of the legal framework and mechanisms of the Kyrgyz Republic focusing specifically on the implementation of international fair-trial standards in the context of pretrial and trial phase of criminal proceedings. The research project attempts to analyze and answer two core questions: 1) to what extent do international fair-trial rights exist in the Kyrgyz Republic; and 2) to what extent are there any deficiencies in the implementation of these rights in the criminal law procedural process attributable to weaknesses in the legal framework and justice institutions. The project aims at bridging the gap between formal law and actual legal practice by combining the analysis of current Kyrgyz legislation on fair-trial rights with a comprehensive survey of and interviews with judges, prosecutors, attorneys, NGO representatives, academia and law enforcement bodies directly involved in or familiar with the Kyrgyz criminal justice process. The approach of the project was a combination of analysis of the Kyrgyz legislation and international standards along with the conducting of comprehensive survey and interviews with practicing judges, prosecutors, attorneys, civil society representatives, academia and law enforcement bodies. Project involved the detailed analysis of the ICCPR, the 2010 Constitution, criminal procedural code, the Law on Prosecution Bodies of the Kyrgyz Republic, the Law on the Order and Conditions of Detention of Persons Detained on Suspicion of Charges and Committing Crimes the Law on the Committee of National Security, the Law on the Status of Judges, the Law on the Constitutional Chamber of the Kyrgyz Republic, and the Law on the Supreme Court of the Kyrgyz Republic and local courts. It also involved several months of court monitoring under the auspices of the AUCA Law Clinic, the Office of the Ombudsman of the Kyrgyz Republic, and the UNDP Rule of Law initiative.