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Judges not observe laws. Adilet Legal Clinic’s lawyers appeal to president

Head of Adilet Legal Clinic Cholpon Dzhakupova appealed to the President of Kyrgyzstan Sooronbai Jeenbekov.

In an open letter, the lawyer noted that there was no control over the observance of laws in the judicial system and called on the guarantor of the Constitution to use the functions of a coordinator of all branches of power to ensure strict compliance with the norms of the Basic Law of the country and the legislation of the republic by the specified government bodies.

As an example, Cholpon Dzhakupova cited unprecedented decisions of courts of all instances on claims of the Prosecutor General’s Office to protect the honor and dignity of ex-President Almazbek Atambayev to her and Zanoza.kg website (now Kaktus.media).

According to the human rights activist, the principle of equality and competitiveness of the parties has been grossly violated; a legal assessment to the arguments and evidence of the defendants was not given that violates the Civil Procedure Code of the Kyrgyz Republic. In addition, the Prosecutor General ignored the mandatory pre-trial procedure for resolving a dispute that is a ground for termination of the proceedings, but the courts ignored this violation.

«The courts unreasonably refused to grant our applications for inviting Almazbek Atambayev to the trial. His position was important for the proper resolution of the case. The courts have forbidden me to go abroad, which is a direct contradiction of the Constitution of the Kyrgyz Republic. One of the most important issues was the uncertainty of the procedural status of the prosecutor general in this matter,» said Cholpon Dzhakupova.

Cholpon Dzhakupova recalled that on October 17 the Constitutional Chamber partially granted the petition for recognition of the article On Guarantees of the Activities of the President of the Kyrgyz Republic unconstitutional, finding that the prosecutor general should coordinate with the head of state the issue of filing a claim for defense of his honor and dignity and the amount of compensation for moral harm.

«Thus, only in one case, we have two decisions of the Constitutional Chamber, which established that, when considering cases under the claims of the prosecutor general, the courts passed decisions that did not comply with the provisions of the Constitution. Earlier we filed complaints against Judge of Oktyabrsky District Court Kymbat Arkharov and an employee of the Prosecutor General’s Office Ruslan Abdyrakhman, who are the direct perpetrators of the aforementioned lawsuits. However, there is no result. The Disciplinary Commission under the Council of Judges, which was later headed by Kymbat Arkharova, did not consider our complaint at all, indicating that it did not consider complaints about judicial acts,» Cholpon Dzhakupova said.

The Disciplinary Commission under the Council of Judges and the Prosecutor General’s Office ignored the decision of the Constitutional Chamber, which is a serious precedent. Decisions of this body are above the law, since they cancel effect of any regulatory act.

Cholpon Dzhakupova

Adilet Legal Clinic stresses that the decisions of the Supreme Court and the Constitutional Chamber directly contradict each other. They are final and not subject to appeal. But none of the judges and prosecutors were held accountable for the violations. Cholpon Dzhakupova believes that this situation is a sad precedent for the legal system, and the problem is that some judges abused the principle of independence and non-interference in the activities of the administration of justice. Therefore, the human rights activist asks the President Sooronbai Jeenbekov for assistance.