Regional security in Central Asia suffers when youth crime is left unattended
story by DR. ERLAN BAKIEV/GUEST AUTHOR Photos by reuters
After the Soviet system unraveled in Central Asia about 20 years ago, governments of the region were busy developing new governance structures. In the midst of these activities, the juvenile justice system was largely forgotten and attempts at reforms left incomplete. Central Asian countries have signed international agreements, joined international organizations and outlined reforms to the juvenile justice system. But despite these efforts, juveniles in this region of Asia continue to commit crimes, use drugs and join organized criminal groups at an increasing rate. That affects security in the region.
The task for these governments is twofold: Society needs protection against juvenile criminals, and juveniles need protection against a justice system that might not always treat them fairly.
With the collapse of the Soviet Union, the juvenile justice system suffered a similar collapse, but most Central Asian states did not establish even simple policies to handle juvenile cases. The process remains stymied by a shortage of professionalism among social workers and police officers working with young defendants. For instance, some police officers assigned to work with juveniles view the posting as punishment. Consequently, in these important positions, police departments employ uncompromising officers who know little about youth psychology.
This problem is compounded by the fact that the majority of the crimes, both minor and serious, committed by juveniles are less frequently reported by the victims, medical institutions and other related organizations. Therefore, the actual incidence of crimes committed by juveniles has substantially exceeded officially registered cases. In the opinion of one expert who looked closely at the Kyrgyz Republic, actual levels of juvenile crime may be three to four times higher than officially reported in government statistics.
Regional vulnerability
Before delving more deeply into the juvenile justice system, it is important to briefly review the history of the Central Asian states. Populated mostly by nomadic Turks with a rich history and culture, Central Asia has served as a crossroads for the movement of people, goods and ideas from Europe, the Middle East, South Asia and East Asia. Geographically, this area is a part of Asia situated in vast landlocked regions with wide steppes convenient for animal husbandry. The first settled region in Central Asia was the Fergana Valley, a vitally important territory where three states converge.
The region’s geographic proximity to Afghanistan opens the gate wide to organized crime groups that smuggle drugs to Russia and Europe. The most important hostages of this process are vulnerable youth who serve disproportionately as drug users and drug smugglers.
The region’s system of government plays a big role in defending the administrative integrity of any state against crimes committed on its territory. Chaos and anarchy occur where government lacks authority throughout its national territory, forming vacuums in which vulnerable populations, especially juveniles, suffer.
Addressing juvenile justice
Political liberalization and economic development are vital components to the region’s long-term success. Because of different choices made in various Central Asian states, political, social and economic development has progressed at different speeds. This influenced the development of their juvenile justice systems, part of overall legal reform in these countries.
Some Central Asian states have amended criminal codes and ratified pacts dealing with juvenile justice. They’ve increased cooperation with international organizations such as UNESCO, the Organization for Security and Co-operation in Europe and the United Nations Development Programme to improve the quality of life of juveniles and address crime prevention policies among juveniles.
As of 2012, two states in Central Asia — Kazakhstan and Tajikistan — had adopted national juvenile justice strategies that comply with international standards.
In Kazakhstan, specialized nationwide juvenile courts were developed, and juvenile legal offices were opened. A juvenile criminal police force with preventive and investigative functions was adopted. Similar developments were seen in Tajikistan. However, while implementing the National Plan of Action in Tajikistan, about 20 government bodies shared responsibility, raising issues of accountability and interorganizational cooperation.
Crime prevention
Success in the fight against juvenile crime requires strong preventive measures that eliminate the causes of crime. Consequently, the physical, psychological, ethical and legal characteristics of juvenile crimes are critical to developing preventive policies. For instance, one distinguishing feature of juvenile crime is the intensity and depth of its impact on the public. Minor crimes committed by juveniles are mostly excused and often go unreported by the authorities.
Criminal responsibility of minors in most of the post-Soviet states is covered within separate sections of the criminal codes and focuses more on rehabilitation in accordance with the principles of humanism and justice, as reflected in the U.N. Convention on the Rights of the Child. Some experts argue that successful interventions must deal with the multiple causes of juvenile antisocial behavior — and police, government ministries and social workers must all be attuned to these causes.
For instance, Kazakhstan and the Kyrgyz Republic developed new practices for juvenile police. The police officers in these departments are responsible for cooperating with the schools, where they give lectures on the law, supervise drug testing and monitor student conduct. In addition, police and other related institutions are mandated to meet with parents to encourage them to fulfill their parental responsibilities.
Legal reform
Despite the substantial humanization of the criminal codes and codes of criminal procedure in Central Asia after the collapse of the Soviet Union, these amendments were drafted by specialists who have little expertise in juvenile justice. And although the new legal codes and subsequent amendments tended to incorporate international standards on due process, they left intact many principles and procedural features of Soviet criminal law.
Nevertheless, legal reforms have benefited juvenile justice, at least indirectly. Juveniles were granted basic rights. The death penalty and life sentences were prohibited. First-time offenders and nonserious offenders are no longer confined automatically to prison. Juveniles have a right to legal assistance from the moment of arrest and can request a lawyer’s presence during questioning. Pretrial detention cannot last more than two months, with extensions of up to six months, and juveniles must be housed separately from adults. These humanitarian efforts have yielded positive results. The Kyrgyz Republic, for example, has reduced the number of prison sentences imposed on juveniles from 178 in 2005 to 35 in 2011.
Despite these reforms in the juvenile justice system, crime levels among juveniles are not declining. Between 2005 and 2012, the Kyrgyz Republic’s juvenile crime rate increased by 15 percent. Another problem with the juvenile justice system is the latency of crimes committed by juveniles. The police less frequently receive notices from victims, medical institutions and other institutions, even about serious crimes that threaten life and health.
Conclusion
Central Asian states cannot afford to neglect juveniles. Despite signing several international pacts, ratifying international sanctions and reforming criminal codes, these countries still have major deficiencies in administering juvenile justice, particularly when it comes to prevention.
Most of these relatively recently created states lack appropriate institutions such as nonprofit organizations and social workers that could monitor progress in this field. It’s safe to say that the deficiencies of the juvenile justice system in Central Asia occurred as a result of insufficient execution of policies. This insufficiency is illustrated by nonqualified public and nonprofit workers who execute both preventive and post-crime measures in the juvenile justice system.
In the name of national and regional security, leaders in this strategically vital part of the world must do better addressing the problems that afflict youth.
ABOUT THE AUTHOR
A native of the Kyrgyz Republic, Dr. Erlan Bakiev teaches at Zirve University in Turkey, where he is an assistant professor in the Faculty of Economics and Administrative Sciences. Much of his work has focused on the problems of youth in his native region and how law enforcement agencies can address those issues.
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