By Arslan Sabyrbekov (19/08/2015 issue of the CACI Analyst)
On July 21, Kyrgyzstan’s Prime Minister Tamar Sariev signed a government decree, unilaterally terminating the 1993 cooperation framework agreement with the U.S. Bishkek’s decision came as a reaction to the State Department’s decision to reward Azimjan Askarov with the Human Rights Defender Award. To Kyrgyz officials, Askarov is an ethnic Uzbek political activist serving a life sentence for organizing and taking part in the mass riots in Southern Kyrgyzstan in June 2010. In its official protest note to Washington, Kyrgyzstan’s Ministry of Foreign Affairs has referred to him as “a symbol of disruption” and described the award as evidence of an attempt to undermine the country’s unity.
By Stephen Blank (19/08/2015 issue of the CACI Analyst)
The annual summit of the Shanghai Cooperation Organization took place on July 9-10 in Ufa, and ratified the expansion of membership to include India and Pakistan, and Iran may join in the future. Thus the SCO is well on the way to becoming a venue for the most powerful Inner Asian states to work together and discuss policy issues affecting Central Asia and beyond. But new membership is not likely to make this organization any more effective as a regional security provider. In fact, all the disputes among the major members, including India and Pakistan, might be imported into the SCO’s structure and serve as a brake on the expansion of its capabilities.
By Richard Weitz (05/08/2015 issue of the CACI Analyst)
Now that the UN Security Council has blessed the Iranian nuclear deal, Tehran’s chances of becoming a full member of the Shanghai Cooperation Organization (SCO) in coming years have improved, following a decade of rejection. Iranian leaders have long wanted to join the SCO to gain diplomatic, economic, and security advantages. Nonetheless, Iran will need to overcome several major obstacles on its path to full membership, even if nothing goes amiss with the implementation of its nuclear deal.
THE UZBEK-TAJIK DÉTENTE: CAN IT LAST?, by George Voloshin
AGRI’S PROGRESS ADVANCES BRUSSELS’ AND BAKU’S ENERGY AGENDAS, by Micha’el Tanchum
ISLAMIC STATE IN CENTRAL ASIA: THREAT OR OPPORTUNITY, by Charlie Smith
IS THE NORTH CAUCASUS BECOMING ANOTHER BATTLEFIELD IN THE GLOBAL JIHAD?, by Tomáš Baranec
TAJIKISTAN’S GOVERNMENT MISSES THE REAL PROBLEM OF LABOR MIGRANTS, by Oleg Salimov
RULING COALITION TO CUT FUNCTION OF GEORGIA’S NATIONAL BANK, by Eka Janashia
KYRGYZSTAN’S CONSTITUTIONAL CHAMBER DISMISSES JUDGE, by Arslan Sabyrbekov
BAKU CRACKS DOWN ON ALTERNATIVE MEDIA AFTER CONCLUDING EUROPEAN GAMES, by Mina Muradova
By Arslan Sabyrbekov (08/07/2015 issue of the CACI Analyst)
Kyrgyzstan’s judicial system has always depended on the executive and legislative branches of power that still tightly control the appointment and dismissal of judges. To ensure the judiciary’s independence in the aftermath of the April 2010 Revolution, two bodies were created; the Council on the Selection of Judges and the Judicial Council, a professional body of judges. However, because both these bodies are closely linked to the parliament and the President, they are hardly independent. This observation is supported by the fact that a number of judges have been ousted from their position for voicing legal opinions at odds with the views of the country’s political leadership.
This time, a senior judge in the Constitutional Chamber of the Supreme Court, Klara Sooronkulova, was dismissed for her position on the controversial legislation on biometric data collection. Last year, the Kyrgyz parliament passed a law for a nationwide biometric data registration program. The program was initially termed “voluntary,” but the submission of fingerprints was later linked to the upcoming parliamentary elections, with the authorities making registration “obligatory” in order to cast the ballot. Civil society activists have issued a unanimous statement that introducing biometric registration as a condition for participating in the elections is a gross violation of citizens’ fundamental constitutional rights and have filed a case to the Constitutional Chamber of the Supreme Court. Sooronkulova was appointed the leading judge to examine the case and sought international advice on the matter. But before she could announce her ruling on the case, Svetlana Boljurova, a lawyer from the parliament’s legal and judicial affairs committee, filed allegations against her. She claimed that in breach of procedure, judge Sooronkulova revealed her views that the biometric data collection was an unconstitutional act, ahead of announcing them publicly and demanded that she be removed from the case.
In the Constitutional Chamber of the Supreme Court, the judges were split 50 to 50. The Chamber’s chairperson had the decisive vote and removed Sooronkulova from the case. At Boljurova’s further demand, the Judicial Council reviewed an allegation that Sooronkulova had shown “insubordination” by criticizing her colleagues for “following the direct order of the president’s and that of the parliament’s Office.” On these charges, the Judicial Council ordered Sooronkulova to step down before the expiration of her term and submitted all the documents to the parliament to pass a final decision.
Kyrgyzstan’s parliament voted three times before it managed to reach 80 votes out of the 120 sitting MPs. According to Sooronkulova, “the situation is completely chaotic. It is clear that in between the votes, the President’s Office was working with MPs using different methods.” Sooronkulova also added that the head of the President’s Office was present during the voting.
Kyrgyzstan’s prominent civil society activists immediately issued a statement, describing the situation as a state of complete lawlessness. According to civil society activist Cholpon Zhakypova, Sooronkulova did not even have the opportunity to defend herself, speak in front of the parliamentarians and present evidence of direct pressure to the Constitutional Chamber. Indeed, Sooronkulova’s demand to address the parliament was rejected by its Speaker on the grounds that “there is no necessity to listen to Sooronkulova since we have received all the documents that prove she was in breach of her competencies and did not observe the required procedure.”
Kyrgyzstan’s Constitutional Chamber, which was a separate Constitutional Court before the country’s constitution was adopted in 2010, has become increasingly challenged over the past several months. Under the suggested terms of the upcoming amendments to the country’s constitution, the Constitutional Chamber risks turning itself into an institution that can only give decisions of recommendatory nature, paving the way for unconstitutional acts. Emil Oskonbaev, another judge in the Constitutional Chamber, was reprimanded for expressing his support to his now former colleague Sooronkulova.
Sooronkulova’s forced and controversial resignation favors the interpretation that the declared comprehensive reform of the judiciary, passed by a presidential decree in 2012, does not aim to turn it into an independent branch of power. The judiciary remains as dependent as ever.
The Central Asia-Caucasus Analyst is a biweekly publication of the Central Asia-Caucasus Institute & Silk Road Studies Program, a Joint Transatlantic Research and Policy Center affiliated with the American Foreign Policy Council, Washington DC., and the Institute for Security and Development Policy, Stockholm. For 15 years, the Analyst has brought cutting edge analysis of the region geared toward a practitioner audience.