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Beginning in the early 2000s, the transit of illicit drugs though Central Asia—often originating in Afghanistan and destined for western Europe, Russia, and East Asia—has affected stability, security, and public health in the region. To curb drug trafficking and related crimes, the governments of the Central Asian republics made targeted amendments to their national legislation and policies in recent years. Nonetheless, the region’s nations continue to have relatively low drug seizure rates and few successful prosecutions of drug-trafficking suspects. Most criminal arrests are small quantity possessions of illicit substances, which suggests that drug users, rather than traffickers, are targeted. 

The American Bar Association Rule of Law Initiative (ABA ROLI) recognizes the complexities of prosecuting narcotics-related crimes, including the prevalence of organized criminal enterprises, the cross-border nature of the crimes, and the need to coordinate across government agencies and between governments. Further, it can be difficult to monitor the implementation of disparate, yet interconnected, drug policies; this also presents challenges in assessing where policies and practices are effective and where they need further improvement.

From 2014-2017, ABA ROLI implemented a regional court monitoring program in Kazakhstan, Kyrgyzstan, Tajikistan and, through partners, Uzbekistan. This program, which is funded by the US Department of State Bureau of International Narcotics and Law Enforcement Affairs, examined trends in criminal investigations and prosecutions of narcotics-related cases with the aim of evaluating the effectiveness of the criminal justice systems in Central Asia to address such crimes. Building off our long-term presence in Central Asia and previous successful court-monitoring and criminal law-related programs, ABA ROLI leveraged strong relationships with representatives of the governments, the legal community, and civil society to undertake this work. 

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We assessed the legal frameworks in place, as well as trends in investigation, prosecution, and conviction of drug-related crimes. Through a series of topical discussions, legal stakeholders reviewed the assessment and examined their own effectiveness in combating narcotics trafficking. Participants were challenged to discuss the obstacles that prevent greater effectiveness and cooperation and asked to devise ways to mitigate or lessen these obstacles. ABA ROLI also monitored criminal trial proceedings to better understand the varied outcomes in drug-related cases, and to measure the adherence to national and international laws and to each country’s stated policies. Based on the findings of the court monitoring, stakeholders developed recommendations for remedying procedural deficiencies.

ABA ROLI’s first year of programming—the partnerships and relationships we built with stakeholders in the region along with relevant state agencies’ willingness to consider and implement working group recommendations—laid the groundwork for practical results, increasing the potential for further progress in improving the effectiveness of national and regional criminal justice systems, as well as the investigation and prosecution of drug-related crimes.

After analyzing the results of nearly two years of court monitoring of drug trafficking-related cases in Kazakhstan, the Kyrgyz Republic and Tajikistan, ABA ROLI supported cross-regional, multisectoral working groups of prosecutors, judges, defense lawyers and civil society representatives to identify criminal procedure successes and challenges. In August 2016, ABA ROLI brought 11 legal professionals from the region to Texas, to experience firsthand the U.S. response to drug trafficking on the US-Mexico border. Working groups’ recommendations have been incorporated into new legislation and have resulted in action plans that recommend reform within agencies responsible for interdicting and prosecuting drug-related crimes.

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