By Arslan Sabyrbekov (08/07/2015 issue of the CACI Analyst)
Kyrgyzstan’s judicial system has always depended on the executive and legislative branches of power that still tightly control the appointment and dismissal of judges. To ensure the judiciary’s independence in the aftermath of the April 2010 Revolution, two bodies were created; the Council on the Selection of Judges and the Judicial Council, a professional body of judges. However, because both these bodies are closely linked to the parliament and the President, they are hardly independent. This observation is supported by the fact that a number of judges have been ousted from their position for voicing legal opinions at odds with the views of the country’s political leadership.
This time, a senior judge in the Constitutional Chamber of the Supreme Court, Klara Sooronkulova, was dismissed for her position on the controversial legislation on biometric data collection. Last year, the Kyrgyz parliament passed a law for a nationwide biometric data registration program. The program was initially termed “voluntary,” but the submission of fingerprints was later linked to the upcoming parliamentary elections, with the authorities making registration “obligatory” in order to cast the ballot. Civil society activists have issued a unanimous statement that introducing biometric registration as a condition for participating in the elections is a gross violation of citizens’ fundamental constitutional rights and have filed a case to the Constitutional Chamber of the Supreme Court. Sooronkulova was appointed the leading judge to examine the case and sought international advice on the matter. But before she could announce her ruling on the case, Svetlana Boljurova, a lawyer from the parliament’s legal and judicial affairs committee, filed allegations against her. She claimed that in breach of procedure, judge Sooronkulova revealed her views that the biometric data collection was an unconstitutional act, ahead of announcing them publicly and demanded that she be removed from the case.
In the Constitutional Chamber of the Supreme Court, the judges were split 50 to 50. The Chamber’s chairperson had the decisive vote and removed Sooronkulova from the case. At Boljurova’s further demand, the Judicial Council reviewed an allegation that Sooronkulova had shown “insubordination” by criticizing her colleagues for “following the direct order of the president’s and that of the parliament’s Office.” On these charges, the Judicial Council ordered Sooronkulova to step down before the expiration of her term and submitted all the documents to the parliament to pass a final decision.
Kyrgyzstan’s parliament voted three times before it managed to reach 80 votes out of the 120 sitting MPs. According to Sooronkulova, “the situation is completely chaotic. It is clear that in between the votes, the President’s Office was working with MPs using different methods.” Sooronkulova also added that the head of the President’s Office was present during the voting.
Kyrgyzstan’s prominent civil society activists immediately issued a statement, describing the situation as a state of complete lawlessness. According to civil society activist Cholpon Zhakypova, Sooronkulova did not even have the opportunity to defend herself, speak in front of the parliamentarians and present evidence of direct pressure to the Constitutional Chamber. Indeed, Sooronkulova’s demand to address the parliament was rejected by its Speaker on the grounds that “there is no necessity to listen to Sooronkulova since we have received all the documents that prove she was in breach of her competencies and did not observe the required procedure.”
Kyrgyzstan’s Constitutional Chamber, which was a separate Constitutional Court before the country’s constitution was adopted in 2010, has become increasingly challenged over the past several months. Under the suggested terms of the upcoming amendments to the country’s constitution, the Constitutional Chamber risks turning itself into an institution that can only give decisions of recommendatory nature, paving the way for unconstitutional acts. Emil Oskonbaev, another judge in the Constitutional Chamber, was reprimanded for expressing his support to his now former colleague Sooronkulova.
Sooronkulova’s forced and controversial resignation favors the interpretation that the declared comprehensive reform of the judiciary, passed by a presidential decree in 2012, does not aim to turn it into an independent branch of power. The judiciary remains as dependent as ever.
By George Voloshin (08/07/2015 issue of the CACI Analyst)
On June 22-24, Uzbekistan’s capital, Tashkent, hosted a third meeting of the Uzbek-Tajik intergovernmental commission on economic cooperation. Unlike the two previous sessions, which were organized in Dushanbe in August 2002 and February 2009, this year’s bilateral trade talks took place against the backdrop of an emerging détente between the two Central Asian neighbors. Uzbekistan and Tajikistan are currently confronted with a host of shared challenges ranging from the threat of radical Islam to socioeconomic instability, while their bilateral relationship is still constrained by unsettled disputes from the past.
By Arslan Sabyrbekov (06/24/2015 issue of the CACI Analyst)
On June 10, Kyrgyzstan marked the fifth anniversary of the tragic inter-ethnic violence that claimed more than 400 lives, displaced tens of thousands of people and destroyed thousands of households. In the aftermath of the bloody events, the President of neighboring Uzbekistan, Islam Karimov, issued a statement that third forces provoked the clashes between Kyrgyz and Uzbeks, and the Kyrgyz leadership agreed. However, recent developments indicate that Karimov’s position vis-à-vis the authorities in Bishkek and the conflict has changed into a more confrontational stance.
Karimov’s changing mood became apparent after his remarks to his Kyrgyz counterpart at the informal summit of the CIS states held in Moscow on May 8, in connection with the celebration of the 70th anniversary of the victory against Nazi Germany. At the summit, Kyrgyzstan’s President Almazbek Atambayev stated that, “It is of course sad that not everybody could make it to this summit because, to some extent, it is a tribute and respect for fathers and grandfathers, mothers and grandmothers who were in the war. I think that this day should remain in the memory of all countries because the future will punish those who forget the past.”
In response to this statement, the Uzbek President said that every democratically elected leader is in a position to decide what to celebrate and where, and no one has the right to force his opinion on others. Karimov continued by referring to his Kyrgyz colleague as simply “Almaz” and described his statements as incorrect and tactless. Atambayev interfered, stating that he was simply expressing his opinion, but Karimov ironically interrupted him by saying, “We all know your opinion already.”
Nevertheless, during his bilateral talks with the United Nations’ Secretary General Ban Ki-moon, Karimov described the June 2010 events in southern Kyrgyzstan as a full-scale war. “Power holders in Kyrgyzstan did not draw any conclusions. The causes of the conflict need to be investigated at an international level,” Karimov noted, despite the fact that the inter-ethnic clashes were investigated by a national as well as an international commission led by the Organization for Security and Cooperation in Europe. This is in stark contrast to the Andijan massacre of 2005, which were never evaluated either by national or international commissions.
Yet Karimov touched on a weak spot by pointing to Kyrgyzstan’s failure to bring the perpetrators to justice. Well-respected international human rights organizations have also called on the Kyrgyz authorities to retry all those convicted following the June 2010 inter-ethnic clashes, a trial that according to them saw ethnic Uzbeks sentenced at a higher proportion that then their Kyrgyz counterparts. Such a retrial would involve the case of the human rights defender and ethnic Uzbek Azimjan Askarov, sentenced to life for organizing mass disturbances and instigating inter-ethnic violence in southern Kyrgyzstan in 2010. According to Rachel Denber of Human Rights Watch, “In the case of Azimjan Askarov, the Kyrgyz justice system has utterly failed to deliver justice. The case was riddled with blatant flaws from start to finish, and it is astounding that the court did not order a thorough investigation into the way it was conducted.”
In general, Bishkek-Tashkent relations have always been uneasy. The two countries have been divided not only over the ethnic clashes between Uzbeks and Kyrgyz in southern Kyrgyzstan, but also on numerous border conflicts and the constant struggle for water resources. According to local political analysts, Karimov’s increasingly critical statements addressed to Bishkek might be guided by geopolitical interests. In a number of interviews, Uzbekistan’s president has stated that Tashkent will not enter the Eurasian Economic Union, the Customs Union or any other alliance that is reminiscent of the Soviet Union, unlike Bishkek, which is pursuing the opposite foreign policy.
Also, earlier this year Kyrgyzstan approved the sale of its gas network to Russia’s Gazprom for the symbolic price of US$ 1 and is now receiving its energy supplies without any delay. This has removed Tashkent’s leverage, which it has previously deployed to bully Bishkek by cutting off supplies during winter. Such developments, along with Bishkek re-equipping its military with the Kremlin’s assistance might are indeed irritants to power holders in Tashkent.
EXISTING PARADIGMS FOR RESISTANCE IN THE NORTH CAUCASUS CHALLENGED BY KADYROV, ISIS, by Kevin Daniel Leahy
FOOTBALL NATIONALISM AMONG IRAN’S AZERIS, by Emil Souleimanov
KAZAKHSTAN COMPLETES WTO ACCESSION NEGOTIATIONS, by Nurzhan Zhambekov
AZERBAIJAN AND THE EU, by Natalia Konarzewska
RUSSIA ENHANCES ITS SOFT POWER IN GEORGIA THROUGH LOCAL NGOs, by Eka Janashia
BISHKEK AND TASHKENT FACE UNEASY RELATIONS, by Arslan Sabyrbekov
TAJIKISTAN’S ISLAMIC RESISTANCE PARTY STRUGGLES TO SURVIVE, by Oleg Salimov
ARMENIA AND IRAN HOLD POLITICAL CONSULTATIONS, by Erik Davtyan
THE SOUTHERN ENERGY CORRIDOR: A STRATEGIC PRIORITY FOR THE U.S.?, by Mamuka Tsereteli
ELECTION YEAR IN THE EURASIAN UNION AND THE EU'S EXTERNAL ACTION POLICIES, by Gaël Chataignère
MOSCOW STEPS UP PRESSURE ON CHECHNYA'S POWERFUL RULER, by Valeriy Dzutsev
THE CHALLENGES TO GEORGIA'S ENERGY SECTOR, by Ariela Shapiro
INGUSHETIA'S LEADER CLAIMS THE END OF INSURGENCY IN HIS REPUBLIC, by Huseyn Aliyev
GEORGIA FAILS TO OBTAIN VISA-FREE REGIME AT EaP RIGA SUMMIT, by Eka Janashia
ARMENIA'S AND GEORGIA'S PRIME MINISTERS IRON OUT RECENT STRAINS IN BILATERAL RELATIONS, byErik Davtyan
PARTY RESTRUCTURING IN KYRGYZSTAN PRIOR TO 2015 ELECTIONS, by Arslan Sabyrbekov
The Central Asia-Caucasus Analyst is a biweekly publication of the Central Asia-Caucasus Institute & Silk Road Studies Program, a Joint Transatlantic Research and Policy Center affiliated with the American Foreign Policy Council, Washington DC., and the Institute for Security and Development Policy, Stockholm. For 15 years, the Analyst has brought cutting edge analysis of the region geared toward a practitioner audience.