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Lawyers speak out against new versions of Codes in Kyrgyzstan

Lawyers and legal experts of Kyrgyzstan expressed their opinion on the new versions of the Criminal and Criminal Procedure Codes.

They say that these versions were developed at the initiative of the presidential administration without a political and legal basis, development and approval of a concept for reforming legislation.

Specialists note that the conceptually presented Codes do not carry the concept of modernization of the country; they are not aimed at improving the standards of human rights protection already achieved, but, on the contrary, lead to the deterioration and return of old ineffective practices.

The draft Codes, in some part, contradict the Constitution, violate human rights and do not meet international standards.

Lawyers stress that the humanization declared by the President was not reflected in the proposed Codes. They note that, on the contrary, there is a criminalization of acts for which there was no criminal responsibility. In their opinion, the proposed new legislation has become more repressive in relation to ordinary citizens, entrepreneurs, business, the media community and the civil sector, but at the same time it mitigated the criminal liability of members of organized crime groups and corrupt officials.

Experts stress that in terms of eliminating misconduct, the three countries of Central Asia — Kazakhstan, Kyrgyzstan and Uzbekistan — are moving in the same direction, all have the same tendency to create such a legal institution as misconduct. They added that the title of the Code — «Code of Offenses against Management Order» — does not correspond to the subject of regulation.

The Codes have not been publicly discussed in actual fact.

From the statement of lawyers and legal experts

They state that the Codes need serious revision, and ask the head of state and Parliament to take the reform of the judicial and law enforcement agencies into their own hands, and postpone adoption of the new versions of the Codes.