The Prosecutor’s Office

November 22nd, 2012 Sections: Organizations, Society

Logo of the GenProkuratura - The General Prosecutor's Offce

In the Russian empire, the prosecutor’s office, (The Procurator), was established by Tsar Peter I, (Peter the Great), with the purpose of serving as a “watchful eye”, in order to protect the unity and security of the empire, investigating and exposing examples of embezzlement, corruption, separatism and “permissiveness” in the bureaucratic elite.  There is a suggestion, however, that it was much to do with bringing the Russian Orthodox Church under his personal control.  The Procurator served as both the investigating officer and the prosecutor bringing a case to court.

Although it has a long and mixed history, the office has evolved from being an instrument designed to protect the state into an extremely powerful body which is considered as a supervisor of the organs of state, a shield against abuses of power, no matter what position the perpetrators hold.  In the Soviet Union, the Office of the Public Procurator was give powers supervise the execution of all laws by all ministries, agencies, departments, enterprises, officials and even individual citizens on behalf of the State.

Here in Kyrgyzstan, the GenProkurata, (the General Prosecutor’s Office) is charged with ensuring the correct  a and uniform application of the law throughout the republic.

 

The People’s Commissariat of Justice was established in May 1922, but when the decision was taken to allow the Kyrgyz people to secede from the Turkestan Autonomous Soviet Socialist Republic and form a separate entity comprising four districts and 75 townships within the Russian Socialist Federative Soviet Republic, (the RSFSR).   In order to control the process, a Revolutionary Committee was established and on 22nd November 1924, the Revolutionary Committee issued a decree formally establishing the Procurator’s Office.

Hence, 22nd November is considered the “birthday” of the Prosecutor’s Office and is considered the Professional Holiday  of those working in the service.

One of the features of any organization here during the Soviet period seems to have been one of constant reorganization.   Over the next couple of years following the establishment of the sercice, offices were established in the four districts of the Kara Kyrgyz Autonomous Region and they were assigned the functions of:

  • oversight on behalf of the state of the legality of the actions of all government and economic institutions, public and private organizations and individuals through the criminal prosecution against the perpetrators and challenge the rulings violate the law;
  • supervision of the investigative bodies of the law enforcement bodies involved in solving crimes,
  • supervision of the State Political Department,
  • the conduct of cases in court,
  • the supervision of prisoners in custody,
  • “maintaining close ties with the masses of workers” and
  • the legal protection of women
Later, the following were added:
  • the instigation of criminal investigation,
  • supervision of the courts and police and
  • the analysis of complaints and submissions from workers.

During the 1930’s it became clear that in order to fulfil their duties the employees of the service needed special training – including in the modern techniques of detection and forensics. At first short courses were arranged and later a special school was organized to deliver a range of such courses.

The role and responsibilities of the office was further expanded.  In addition to the struggle against crime, the emancipation of women and the protection of the rights and interests of workers, it was also involved supervising the implementation of policies such as land and water reforms, the settling of the nomadic Kyrgyz, and, more generally, “the participation of the working masses in the political life” of the republic.

With the creation of the Kyrgyz Soviet Socialist Republic in 1936, the Prosecutor’s office was also re-organized and the newly formulated list of responsibilities included “supervision over the legality and validity of judgements, decisions, definitions and regulations made by the judiciary” and the fight “for the preservation of public property, the property of collective farms and other cooperative organizations, and citizens”, (that is against corruption).

 

Since the dissolution of the Soviet Union in 1991, when Kyrgyzstan gained its independence, the State Prosecutor’s Office has continued to be a major bulwark in the legal system.

Currently, according to the constitution, amongst its specific responsibilities are:

  • supervision of law enforcement bodies, local governments and their officials, to ensure the correct and uniform application  of the requirements of the legislation;
  • supervision of the observance of the legislation by conducting investigations and other operational activities;
  • supervision of the compliance with the law in the execution of legal judgements in criminal cases – including the restriction of personal freedoms;
  • representation of the interests of the citizen or the state in court in accordance with the provisions of the legislation;
  • conduct of prosecutions in court on behalf of the State;
  • prosecution of public officials;
In addition, as is often the case here in Kyrgyzstan, in many if not all aspects of daily life, it was considered necessary to have a new law enacted to specifically govern the work of the service and in 1993 the Jogorku Kenesh passed the Law on the Prosecutor’s Office.  This legislation was amended in 2009 and one of the priority functions now allocated to the organization is the “oversight of the rights and freedoms of the individual”.
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