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Amendments to the criminal law: Human rights activists address president

Lawyers of the Coalition against Torture appealed to the President of Kyrgyzstan with a request to prevent violations of the Constitution. They oppose the amendments to the criminal law adopted by deputies.

The organization notes that with the adoption of the amendments, the fundamental issue of ensuring the constitutional right to liberty and security of a person remained unresolved, and detention until the court verdict still has no deadlines.

In some cases, prisoners are ill-treated without any proper legal assessment and response.

«Against the background of these unresolved issues, the new legislation proposes to exclude registration of applications and reports of falsification and other gross violations of the law by an investigator, an authorized official of the inquiry body, a prosecutor, or a judge. In other words, if the application contains a complaint against officials without clear evidence of violations, then it may not be registered, and accordingly, no one will check and investigate it,» the appeal says.

The coalition considers exclusion of the norm on review of the sentence in case of recognition of human rights violations by international bodies to be one of the alarming changes, which is the only mechanism for implementation of the decisions of treaty bodies.

Human rights activists recalled that in 2014 the Constitutional Chamber confirmed that the Basic Law guarantees the right to review court decisions based on international treaties to which Kyrgyzstan is a party.

Thus, the amendments proposed by the government contradict the Basic Law and the decisions of the Constitutional Chamber of the Kyrgyz Republic.

The coalition lawyers came to such disappointing conclusions based on the analysis of criminal cases and materials, in the framework of which lawyers faced the most flagrant violations of human rights.

«The described amendments are only striking examples that impede progress in promoting judicial reform. They are not an exhaustive list of norms that concern human rights defenders,» the statement says.

Coalition lawyers sent their proposals and comments on the amendments approved by the deputies for consideration by the Department of Judicial Reform and the Legality of the Presidential Administration.