The heart of Asia : $b A history of Russian Turkestan and the Central Asian Khanates from the earliest timesSkrine, Francis Henry
History
The heart of Asia : $b A history of Russian Turkestan and the Central Asian Khanates from the earliest times
Skrine, Francis Henry
Asia, Central -- History; Asia, Central -- Relations -- Russia; Russia -- Relations -- Asia, Central
In 1892 General Kurapatkine formed a Supreme Court, which sits at
Askabad and disposes of appeals from the decisions of the lower
tribunals. It consists of five judges, and observes the rules of
procedure and evidence current in Revision Courts. In causes involving
native law and custom, popular judges from the Courts below are
summoned to attend as assessors; while Kāzīs, natives versed in
Mohammedan law, are called in as experts when questions of marriage and
inheritance are concerned. The sentences in cases of gravity, such as
murder, are subject to the governor’s approval. Next in order to the
Judicial Commission, as that body is called, are the District Courts,
consisting of the chief aided by five “popular judges” selected from
the personnel of the lower Courts. These latter hold session weekly
at the headquarters of each group of twenty-five villages. They are
comprised of five “candidates,” judges elected by the inhabitants of
every village, who sit in rotation. These Courts of first instance bear
a strong resemblance to the panchayat system of ancient India, which
has been so cruelly shorn of its powers for good by a mistaken policy
of centralisation. Their capacity in criminal cases extends to the
infliction of fines of 100 roubles and three weeks’ “imprisonment.”
On the civil side they try, without appeal, cases in which the value
of the subject-matter is less than 200 roubles. Further reforms
are in contemplation. The jurisdiction of the lower Courts will be
extended--Kāzīs will be excluded, and local experts summoned in cases
of marriage and inheritance. But, such as it is, the Russian system has
worked with remarkable smoothness. It recognises the innate capacity
for self-government which every Eastern race possesses, while the
village organisation remains intact; and has thus gained the entire
confidence of the people. The duty of preserving order and execution
of the Courts’ decrees vests in the district chief, the pristatvos and
the starshinas in their several degrees. In the quinquennial period
ending with 1895 they brought 3436 offenders to justice, a proportion
of nearly 25 per cent. of the population. It is undeniable that in
the eastern districts crime is far more rife than on the Caspian.
Merv had 1450 offenders during the five years, as compared with 419
convicted at Krasnovodsk. The classification of crimes affords curious
results. The offences against person and property nearly balanced
each other in the Caspian districts, while the contrary is the case
at Merv. Charges of theft constituted the great bulk of Transcaspian
crime; cattle-lifting came next in order of importance, followed by
wounding and murder.[662] Capital punishment has been abolished
throughout the empire, except in cases of treason. Murderers are
transported by rail and steamer to the Russian penal settlements on
the North-West Pacific.[663] As is the case in India, the volume of
crime varies directly with that of population. The tract in the Caspian
Public-domain text, read in full here on John Shaqi.
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