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.
PAKISTAN AND AFGHANISTAN-INDIA COOPERATION, by Sudha Ramachandran
TURKEY, ARMENIA, AND THE POLITICS OF GENOCIDE RECOGNITION, by Emil Souleimanov
KAZAKHSTAN TO REFORM ITS CULTURAL SECTOR, by Rafis Abazov and Andrey Khazbulatov
WILL TURKISH STREAM COMPETE WITH THE SOUTHERN GAS CORRIDOR?, by Natalia Konarzewska
REPUBLICANS STRENGTHEN POSITION IN RESHUFFLED GEORGIAN GOVERNMENT, by Eka Janashia
KYRGYZSTAN TO HOLD ANOTHER CONSTITUTIONAL REFERENDUM, by Arslan Sabyrbekov
PRESIDENT SARGSYAN AND COUNTERPARTS COMMEMORATE ARMENIAN GENOCIDE, by Erik Davtyan
AZERBAIJAN CRACKS DOWN ON ACTIVISTS AHEAD OF EUROPEAN GAMES, by Mina Muradova
By Arslan Sabyrbekov (06/10/2015 issue of the CACI Analyst)
On June 4, after more than two years of deliberations, the Kyrgyz Parliament overwhelmingly approved amendments to the law on “non-commercial organizations” in its first reading. According to the new amendments, NGOs receiving funding from abroad will be labeled “foreign agents.” If passed in two more readings and approved by the President, the bill will impose severe limitations to the activities of civil society actors and will put the country’s democratic development into a great jeopardy.
In his address to the Kyrgyz Parliament, Tursunbai Bakir Uulu, a lawmaker and one of the initiators of the amendments, stated that locally registered NGOs have received around US$ 10 million from foreign countries over the past 3 years. In his words, “NGOs receive funding from abroad and try to influence our internal politics. Therefore, we have the full right to know where their money goes and for which purposes they are used. The bill will improve our national security.”
By contrast, local and international human rights organizations believe that the law fully resembles the one passed in Russia in 2012 and has nothing to do with national security. “The bill is aimed at taking full control of the institutions that speak against certain unpopular policies of the Government,” according to Dinara Oshurakhunova, a Bishkek-based civil society activist. The bill would indeed, as the Russian experience shows, limit the activities of civil society institutions. It will impose burdensome reporting requirements on them and allow governmental agencies to send representatives to participate in internal activities and decide whether this or that organization complies with its objectives or not. Failure to do so will result in their immediate termination.
Local experts are therefore hotly discussing the degree of Russia’s involvement in the development of these legislative changes that speak against the fundamental values of democracy. Several media sources have even reported that the Kremlin has a direct influence on these processes by buying off MPs and exercising direct pressure on the government, and that this process will likely exacerbate as Bishkek is now an official member of the Russia-led Eurasian Economic Union.
The position of Kyrgyzstan’s President is another interesting aspect of the controversy. During his trip to Brussels in 2013, President Atambayev stated clearly that there was no need for Kyrgyzstan to adopt a law on “foreign agents.” However, in a recent interview to the public channel, the president seemed to be in favor of adopting the bill. Atambayev said, “I will check if the law corresponds to the interests of the country, whether it complies with human rights standards. Now I do not want to promise you anything. Today we are facing the fact that under the guise of human rights organizations, NGOs are opening and trying to destabilize the situation in the country and international relations.” The sudden shift in the president’s opinion can be explained by Bishkek’s new international orientation, which seemingly comes at the expense of the country’s relatively successful democratic transition.
In its first reading, the bill was supported by 83 parliamentarians against the 23 who opposed it. Daniyar Terbishaliev, an MP from the ruling coalition, argued that based on the suggested law, all MPs must also register as “foreign agents.” In his words, “all the MPs interact with international organizations and civil society groups go on study tours funded by them. We all know that our country is donor dependent, and it is wrong to underestimate the degree of the international community’s assistance.”
Some experts also believe that the initiators of the bill want to pass it before the upcoming parliamentary elections in October 2015, in an effort to take control over the democratic institutions. If adopted, the law will pave the way for persecution and pressure on NGOs that will observe the elections and address political concerns.
In the meantime, civil society activists have already launched a campaign to collect citizens’ signatures against the bill. According to the legislation, 10,000 signatures will allow for the submission of a new bill to the parliament, which would repeal the document on foreign agents.
By Mina Muradova (10/01/2014 issue of the CACI Analyst)
Whereas Azerbaijan’s President Ilham Aliyev intensively uses social media platforms for promoting Azerbaijan as a prosperous and democratic country, human rights observers condemn the authorities of this post-Soviet country for a recent escalation of repression against civil society activists.
“A free society has emerged in Azerbaijan. All democratic institutions are available and they operate successfully,” – @presidentaz, the official account of President Aliyev tweeted in early September. In a minute, another tweet said, “All freedoms, including the freedom of speech, the freedom of conscience, the freedom of the press and free Internet, are available.” And later, “Azerbaijani society is a free society, and this is our great achievement.”
The regional analyst and blogger Arzu Geybullayeva said that for anyone familiar with Azerbaijani realities, “the presidential feed is bitterly ironic, if at times darkly entertaining … Elsewhere in the post-Soviet world, authoritarians have figured out that succinct means success in social media. But Aliyev’s feed reads like one long speech regularly interrupted by a pesky 140 character limit,” she wrote on GlobalVoices, a citizen media platform.
The reason for Geybullayeva’s concern is the fact that the number of politically motivated detentions has increased sharply in the country after the defeat of a Parliamentary Assembly of the Council of Europe (PACE) resolution on “The follow-up to the issue of political prisoners in Azerbaijan” on January 26, 2013. Amnesty International has recognized 24 people as “prisoners of conscience” in Azerbaijan, who were “jailed solely for peacefully exercising their right to freedom of expression” in recent months.
The latest in a series of attempts to silence government critics is the case of journalist and human rights defender Ilgar Nasibov, who was found unconscious with severe head trauma and broken bones in his face, in late August. “He was called from home to go the office in the evening,” his wife Malahat Nasibova told Azadliq radio. “They said some petitioners had come. They attacked him suddenly in the office and inflicted numerous injuries.” Unidentified people stormed the office of the Democracy and NGO Development Resource Centre in the Nakhchivan exclave of Azerbaijan, which he heads. Amnesty International reported that the Nasibov couple has long faced regular intimidation because government officials want them to leave the region, as they are “the only remaining independent voices there.” Even though the authorities reportedly detained one of Nasibov’s assailants, they have not initiated a criminal investigation.
Among the total number of politically motivated arrests, more than ten members of the media and bloggers are behind bars or awaiting trial. It is the highest number that the Office of the OSCE Representative on Freedom of the Media has observed in Azerbaijan since the office was established. The OSCE’s representative Dunja Mijatović called the government of Azerbaijan to stop “the continued persecution of media and free voices in the country.” According to Mijatović, “These cases and accompanying smear campaigns have resulted in worrying setbacks for the development of free expression in Azerbaijan that create a chilling effect on media and society as a whole … While I do not challenge the lawful right of the authorities to scrutinize the activities of non-governmental organizations, such actions should not be aimed at silencing critical voices.”
On September 15, local media published a letter from prominent human rights activist Leyla Yunus to her husband Arif Yunus. The couple are kept in different pre-trial detention centers. She compared the political climate in contemporary Azerbaijan with the massive political repressions in the Soviet Union orchestrated by Joseph Stalin. “They began to arrest whole families, as Stalin did. The tyrant behaves as if there is no CE or EU or other international organizations,” she stated. Yunus reported that her cellmate verbally harassed her and threatened “to break her arms and legs” immediately after Yunus had met with representatives of the UN Commission against Torture in the Kurdakhani prison.
Three days later, the European Parliament (EP) called on Azerbaijan to undertake “long-overdue human rights reforms without further delay and cease their harassment of civil society organizations, opposition politicians and independent journalists and lift the ban of public gatherings in Baku.” Members of the EP condemned “in the strongest possible terms” the arrest and detention of human rights activists and demanded their “immediate and unconditional” release.
The Azerbaijani leadership continues to brush off any allegations that it is behind the serial arrests of its critics and the closure of their organizations. “It is regrettable that these NGOs and individuals – and some journalists – fall back on the foreign forces that fund them and regard themselves as above national law, refusing to report their grant-funded projects, file accounts, pay their taxes and comply with other legal requirements set out by the government,” Ali Hasanov, political affairs chief in the presidential administration, told the AzerTag news agency. “In those circles, the appropriate actions that state institutions have taken are sadly being misrepresented as ‘pressure on civil society’ and as ‘restrictions’ on the functioning of NGOs and the media. It’s a campaign to blacken Azerbaijan’s reputation.”
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.