[여름학기보고] Kyrgyzstan Field Research Trip / Gulnaz (2L)

[하늘의법]

Kyrgyastan Field Research Trip

This trip went well beyond my wildest imaginations.  Thanks to God first, and all people who were involved in preparation of this seminar and making this trip valuable and unforgettable for many of us.  God has put us on the highest level; on the first day of our arrival we were welcomed at the luncheon by the President of the Bar Association ABA CEELI, Asel Bayastanova, a senior lawyer at the “Ala –Too Ashari” law firm, and other notables led by honorable Cholpon Baekova, Chairwomen of the Constitutional Court of the Kyrgyz Republic.  

I was encouraged when Christian judges and practicing lawyers have shared their experiences as Christians who face temptations in a corrupted system and yet be able to follow the Biblical principles.

While visiting the Constitutional court, Chairwomen Cholpon Baekova shared about the past and the future of this court.  This year 2004 Constitutional Court will change the history and the future of the Kyrgyz Republic by deciding constitutionality of the same person succeeding himself fourth time as the President.  Nobody knows how the case will be ruled. Absolute power corrupts absolutely.  A person should not succeed himself or herself more than two terms consecutively pursuant to Kyrgyz Constitution.  My fervent prayer is that God’s command and rule of laws will apply.

There are so many changes that were done so far in Kyrgyzstan.  Although Kyrgyzstan gained her independence only 12 years ago she is adopting International standards very rapidly.  For example, the concept of speedy trial has been discussed; judicial branch is gaining more power and becoming independent from the executive branch.

             One of the negative aspects that shocked me was the education system.  Legal education has become degraded due to many reasons, one of which is corruption – where students bribe professors to get better grades.  The government lacks money to pay teachers, high living cost is forcing teachers to be bribed to meet their necessities. 

Another quite shameful confession was the low salary of the judges, who are always in dilemma of feeding the family and brining the justice by implementing their basic duties.   One may ask why Kyrgyzstan lacks finances where in fact it attracts foreign investments in different ways and has quite good natural resources.  I believe the question goes back to the human resources; lack of competent and honest stewards who will manage investments and knowledge properly. 

             In addition, I noticed that Kyrgyzstan lacks good judicial training.  Most of the judges in the past were either defense lawyers or prosecutors; consequently they act accordingly once become judges.  For example, a former defense lawyer is inclined toward the defendant and vise versa.

In conclusion, this beautiful country with its ever-nice people needs hearts to pray with passion and hands to help with mercy.

Gulnaz (2L)

Gulnaz 자매는 2003년 한동로스쿨에 입학한 키르키즈스탄 출신 여학생입니다. 키르키즈스탄에서는 Ala-too-Ashari라는 로펌에서 근무했으며, 2004년 Jessup International Moot Court에 한동로스쿨 대표로 참가할 예정입니다.