An extraordinary meeting of the Parliament of Kyrgyzstan, which took place on October 10 at Ala-Archa state residence, is considered invalid, and the decisions made cannot be considered lawful. This is the conclusion made by the lawyers of Adilet Legal Clinic.
24.kg news agency continues to collect views of the country’s leading lawyers in order Kyrgyzstanis can understand how we can get out of the legal deadlock and prevent continuation of political escalation. Earlier, political scientist Sheradil Baktygul, ex-deputy of parliament Iskhak Masaliev, parliament deputies Natalya Nikitenko and Aida Kasymalieva, director of the Institute of Constitutional Policy Nurlan Sadykov shared their views.
Tamerlan Ibraimov, Director of the Center for Political and Legal Studies, also commented on the stalemate.
«The law clearly says that the Parliament needs a quorum of at least 61 members for making decisions. That is, they must physically be present at the meeting for its decisions to have legal force. No powers of attorney are provided to muster a quorum. According to the statements of some deputies, as well as judging by the video materials available in the media, there was no such quorum. If this is so, then, accordingly, all the decisions that were made there have no legal force,» he said.
The Government must be formed strictly in accordance with the law. Only then we can talk about its ability to make decisions and carry out activities.
The expert adds: if the Supreme Court overturned the decisions of the lower courts on a specific person and sent them for review, then this person is considered not convicted.
«But there is one point. The decision of the Supreme Court was made literally in a matter of hours. This haste raises questions, primarily to the judges themselves. Did they make decisions based only on the law and their beliefs, or were they pressured? It is important to understand how this process took place. If all the procedures were followed and there was no pressure, then the questions disappear, and if there was pressure, then such a decision can also be challenged in the future,» Tamerlan Ibraimov said.
On October 10, the Parliament of Kyrgyzstan approved Sadyr Japarov’s candidacy for the post of head of the Cabinet at an extraordinary meeting. Lawyers questioned the legality of the decision of a part of the deputies — a number of parliamentary procedures were violated.
