Situation tense in Kyrgyzstan as president appeals to Constitutional Court

A submission from President Sadyr Japarov has been received by the Constitutional Court of the Kyrgyz Republic, requesting an official interpretation of constitutional provisions related to the duration of the sitting president’s powers and the procedure for scheduling regular or early presidential elections, the court’s press service reported.

According to the document, the need for the appeal arose because completely opposing interpretations of constitutional norms have formed in the socio-political and expert communities.

The issue concerns the start and duration of the presidential term elected under the 2010 Constitution, as well as the provisions governing the scheduling of regular or early elections.

The submission states that provisions of the Law “On the Constitution of the Kyrgyz Republic,” adopted in a referendum on April 11, 2021, may allow ambiguous interpretation and create contradictions when applied together with the 2010 Constitution, according to a number of experts.

It is noted that conflicting legal positions among lawyers and public figures indicate the emergence of constitutional and legal uncertainty on issues of fundamental importance for the stable and lawful functioning of public authorities.

According to the materials, this uncertainty affects the foundations of the constitutional order, the principle of popular sovereignty, the supremacy and direct application of the Constitution, legal certainty, the timing and procedure of elections, and citizens’ electoral rights.

The document also warns that continued disagreement on issues of power and elections, given their high social sensitivity, could lead to political confrontation, weaken trust in state institutions, and threaten the legitimacy of decisions being made.

The possibility of disputes over the actions of bodies responsible for preparing and conducting elections and referendums is also highlighted.

In order to eliminate legal uncertainty and prevent a potential constitutional crisis, the president asked the court to provide an official interpretation of Article 67, Article 68 (part 2, second paragraph), and Article 72 (part 1) of the Constitution (as amended on May 5, 2021) in conjunction with the 2010 Constitution and the law adopted on April 11, 2021, and to clarify the procedure and timing for holding regular or early presidential elections.

The submission will be considered by the Constitutional Court in written form on February 17.

Meanwhile, the situation in Kyrgyzstan remains tense. A group of public activists has called for the immediate launch of a new presidential election. The initiative was sent to President Sadyr Japarov and Parliament Speaker Nurlanbek Turgunbek uulu and was signed by 75 individuals, including scholars, former prime ministers, former deputies, and public figures. Reports indicate that some of the signatories are being questioned by investigators.

The Interior Ministry’s investigative service has opened a criminal case under Article 278 of the Criminal Code, concerning mass unrest. Emilbek Uzokboyev, Kurmanbek Diykanboyev, and Bekbolot Talgarbekov have been detained on suspicion of organizing mass unrest and placed in temporary detention.

Yesterday, February 11, Kamchybek Tashiev, head of the State Committee for National Security and deputy prime minister, was dismissed by presidential decree. He said the decision was motivated by a desire to avoid division in society and added that he learned of the dismissal while undergoing a routine medical check-up in Germany following heart surgery.

Following Tashiev’s dismissal, First Deputy Chairman Kurbonbek Avazov, Cybersecurity Center Director Daniel Risaliyev, and Anti-Terrorism Center Director Elizar Smanov were also removed from their posts. Abdukarim Alimboyev was dismissed as first deputy chairman of the State Committee for National Security and appointed head of the State Border Service, while Rustam Mamasadykov, formerly secretary of the Security Council, took his place.

Jumgalbek Shabdanbekov, who has served as head of the committee’s Service No. 9 and deputy chairman since 2020, was appointed acting chairman of the State Committee for National Security.

On the same day, the Border Service was separated from the State Committee and a new State Guard Service directly subordinated to the president was established on the basis of Service No. 9. Sirgak Berdikozhoev was appointed head of the new State Guard Service.