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Location: Kyrgyzstan
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Kyrgyzstan
2020
LEOM
Parliamentary
elections
The Criminal Code should be revised to clearly define incitement of national (inter-ethnic), racial, religious or interregional enmity, in line with international standards as well as key terms of the law, such as hatred, discrimination, hostility, and violence..
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2020
LEOM
Parliamentary
elections
The legislation should prioritize the use of non-pecuniary remedies in defamation and insult cases, and a ceiling should be set for awarding damages that should take into account actual harm proven by the plaintiff as well as any redress already provided through non-pecuniary remedies. The plaintiff should bear the burden of proving the falsity of any statements of fact on matters of public concern. Articles 4 and 18 of the Law on Guarantees for Activity of the President should be abolished to ensure that the reputation of the president is protected without undue privileges.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2020
LEOM
Parliamentary
elections
Special accreditation requirements for media outlets should be reconsidered as it creates unnecessary obstacles for media, potentially limiting the amount of information available to voters.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2020
LEOM
Parliamentary
elections
Undue restrictions on legal standing in electoral disputes, including of citizen observers and voters, should be removed. Contestants, observers, and voters must be entitled to appeal all aspects of the electoral process.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Complaints and appeals
Kyrgyzstan
2021
Early election
LEOM
Presidential
The authorities should not hold elections and referendums on the same day if the referendum is about the institution facing election.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Background and Political Context
Kyrgyzstan
2021
Early election
LEOM
Presidential
The appointment of referenda, as any legislative activity, must comply with the rule of law requirements, including the timeframes. In particular, it should be adopted at the end of an inclusive and consultative process.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Legal Framework
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2021
Final report heading:
Electoral System and Legal Framework
Kyrgyzstan
2021
Early election
LEOM
Presidential
Disproportionate restrictions to voting rights of people serving a prison sentence and limitations based on disabilities should be abolished.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Voter Registration
Kyrgyzstan
2021
Early election
LEOM
Presidential
To ensure meaningful oversight, a full audit of financial reports should be conducted. The legal framework should regulate its procedures, timelines and publication.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Campaign Finance
Kyrgyzstan
2021
Early election
LEOM
Presidential
The Criminal Code should be amended in order to provide clear definition of what constitutes “incitement of national, racial, religious or interregional enmity”, limiting prosecution only to cases that incite discrimination, hostility or violence, as defined in the ICCPR. Limits for damages asserted in defamation and libel cases should be introduced, taking into consideration only actual harm proven by the plaintiff.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
Kyrgyzstan
2021
Early election
LEOM
Presidential
The legal definition of electoral campaigning should be amended, so that it does not prevent media from editorial coverage of the campaign. The system of accreditation of media outlets, as a pre-condition for selling political advertisement, should be cancelled.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2021
Final report heading:
Media
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