Kyrgyzstan: The Constitutional Court allowed citizens to hold free meetings
On March 2, 2010 the Constitutional Court of Kyrgyzstan considered and sustained the case, filed by Tolekan Ismailova, the leader of Citizens Against Corruption human rights center, on illegal nature of the Law On civil right to freely hold peaceful, unarmed meetings and demonstrations as well as Bishkek mayor’s office decree on defining the special place for public meetings. This is information was confirmed to Ferghana.Ru by the Center representative.
Therefore, the Constitutional court admitted the controversy of law on meetings in the part of defining the special place and time for public meetings.
Demonstrations in Bishkek, 2006, Photo © German Lomkov
Besides, the court cancelled the decree, issued by Bishkek mayor’s office, on limiting the areas for demonstrations. The mayor’s office defined calm neighborhood in the suburbs, where every mass protest does not make much sense. By the way, the same decree was also used by Akaev’s team and it was cancelled by Tulip revolution (March of 2005) leaders. However, the current government reinstated this norm.
The press-release of Citizens Against Corruption Center indicates that Ismailova’s appeal to the Constitutional Court was based on true story that occurred in the summer of the last year.
On July 25, 2009 the human rights defenders Ismailova, Baizhumanova, Imankozhoeva, Makembaeva, Krapivina and Shaihutdinov attended the meeting, defending constitutional civil rights for peaceful meetings that took place by Gorkyi’s monument in Bishkek. They were all detained shortly after the end of meeting. At the same day, the verdict of the Pervomay district court announced the administrative fine for the illegal participation in the meetings.
The appeals instance rejected the claims of the human rights advocates. Ismailova directed the supervisory appeal with the request to cancel the previous decisions but it was also rejected by the Supreme Court on December 3, 2009.
"On December 14, 2009 Tolekan Ismailova addressed the Constitutional Court of the Kyrgyz Republic. In her statement, she asks to legally cancel Point 1, Article 3 of KR Law On civil right to freely hold peaceful, unarmed meetings and demonstrations that grants the power to the local authorities to define the special places for public demonstrations. She also requested to cancel Bishkek mayor’s office decree #41, dated July 24, 2009, On defining the places for public demonstrations in Bishkek", the press-release highlights.
The last amendments in the law on meetings and demonstrations were proposed by Head of the Communist Party Ishak Masaliev and adopted by current parliament. In August of 2008 it was signed by the Kyrgyz President Kurmanbek Bakiev, disregarding the opinion of human rights defenders and ombudsman.