Lawyers of Ata Meken leader Omurbek Tekebayev appealed to the Constitutional Chamber with a request for recognition of the article of the Law «On guarantees of activity of the President of the Kyrgyz Republic» not complying with the Constitution.
According to Taalaigul Toktakunova and Kanatbek Aziz, the General Prosecutor’s Office can’t appeal to the court to protect the honor and dignity of the head of state.
«Article 104 of the Constitution directly and comprehensively established the authority of the prosecutor’s office, which is mandatory. This means its direct implementation and the inadmissibility of its transfer to another body. The authority established directly by the Constitution can’t be modified, extended or restricted by law. And other articles of the Basic Law don’t provide for the obligation of the public prosecutor to turn to the courts in defense of the honor and dignity of the President," the lawyers explained.
The lawyers added, explaining the essence of the application, that the head of the Prosecutor General’s Office should be guided by Article 45 of the Code of Civil Procedure, which states that an application for the protection of the rights, freedoms and interest of a citizen of the country, including the President, may be sent by the prosecutor’s office at his request only, if he for legitimate reasons (state of health, age, disability or other reasons) can’t go to court.