Postcard from Bishkek

The term, “Aksakal Courts” literally translates as “White Beard Courts”, and is used for a court, or council, of elders which is authorized to consider certain types of legal cases. Traditionally, these local community “courts” consisted of the oldest men in the village, who make decisions as if an elected town council.  Today, they are regulated by the terms of the constitution, decrees of the President issued in 1995 and 1997, and a law promulgated by the Jogorku Kenesh, (Parliament), in 2002.

They are established on the basis of one court per community, (a village, or district in a larger town or city), and comprise of between five and nine respected elders of the community who are elected at an open meeting of the community to serve for three years.  The election is conducted by a show of hands amongst the “heads of households” belonging to the community.    Because they are elected from within the community, members of aksakal courts are usually people with a rich “life experience”, who are respected by village residents and have extensive local knowledge.

They have the power to judge on moral and family decisions that may be in dispute, and certain limited issues such as disputes about contracts of employment and land disputes, or matters which are referred to them by the local prosecutor’s office.   Often, cases involving minors under the age of 14 are referred to them.

The courts provide a convenient and “democratic” form of dispute resolution. They do not charge fees for hearing cases and the law provides that aksakal courts should considers cases with the aim of ”reconciliation of the sides, and taking a fair decision which would not contradict the law.”

It is possible to appeal decision of the aksakal courts, to the local “judicial” court.

The aksakal courts are not, however, without controversy.  Although given limited powers, it is said that they started examining almost all forms of offences, with some surprising results.  It is claimed that corporal punishment and other “medieval punishments” (such as stoning) were reintroduced.  Indeed, Amnesty International reports that two cases of capital punishment were pronounced in the early days of the courts … and that, in one case, a man accused of extortion was tied to a post and stoned – to death.  The law of 2002 which regulates the activities of the courts, severely limited the penalties which they can now impose.