The Constitution does not allow the deputies of the Parliament of Kyrgyzstan of the sixth convocation to postpone the date of the repeat parliamentary elections and thereby extend their powers for another seven months. Iskender Kakeev, a lawyer at Adilet Legal Clinic, said at a briefing.
According to the Constitution, the convocation of the Parliament can work for five years only.
The Constitution of the Kyrgyz Republic does not allow postponement of repeat voting and extension of the term of office of the Parliament.
«Therefore, the law adopted by the Parliament contradicts the Constitution and cannot have legal force. As for the powers of the acting president, then they are much narrower than the powers of the elected head of state. In addition, there is a violation of the international human rights standard. We were deprived of the right to public discussion. Its term must be at least a month. It can vary, if there are circumstances of force majeure. But there are none today,» Iskender Kakeev said.
Other participants of the briefing said the October 22 parliamentary decision was unconstitutional.
The expert on constitutional law Saniya Toktogazieva noted that there was a crisis of legitimacy in Kyrgyzstan.
«The process of challenging has been launched, and we must wait for the conclusion of the Constitutional Chamber. This is the first thing. Second, the CEC announced repeat elections to the Parliament on October 21, and this decision is absolutely legal,» she stressed.
Lawyers demand an open dialogue with the authorities.
The law adopted by the Parliament provides for suspension of Articles 38 and 63 of the Constitutional Law of the Kyrgyz Republic on Elections of the President of the Kyrgyz Republic and Deputies of the Parliament, which regulate the procedure for holding repeat parliamentary elections until the end of the constitutional reform. The dates for the elections will be set after implementation of the constitutional reform in accordance with the legislation of the Kyrgyz Republic, but no later than June 1, 2021.
The specified law of the Kyrgyz Republic comes into force from the moment of its official publication and is valid until the completion of the constitutional reform.
Sadyr Japarov said that the elections of deputies of the Parliament will be held until March 2021. Later he stated that parliamentary elections would not take place in the first half of 2021.