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Location: Kyrgyzstan
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Kyrgyzstan
2015
EOM
Parliamentary
elections
The legal framework should be amended to allow independent candidates to stand in parliamentary elections.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2020
Final report heading:
Candidate Registration
Kyrgyzstan
2017
EOM
Presidential
Article 4 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. The law should prioritize the use of non-pecuniary remedies, 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.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Media
Kyrgyzstan
2020
LEOM
Parliamentary
elections
Consideration should be given to banning the broadcasting of campaign material within news and current affairs programmes. Additionally, consideration could be given to require that paid political content is clearly and consistently identified as such.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Media
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
EOM
Parliamentary
elections
The legal definition of election campaign should be thoroughly amended, so that it does not allow for an interpretation preventing media from comprehensive reporting on and editorial coverage of contestants’ campaigns.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Kyrgyzstan
2015
EOM
Parliamentary
elections
To achieve the objectives of the law, all quota requirements should remain enforceable after the registration of candidate lists and relevant sanctions should be provided for cases of non-compliance. This could be achieved by requiring that a vacant position in the parliament is filled by the next candidate on the list from the respective quota. Consideration should be given to placing a candidate from the under-represented gender in at least at every third position on candidate lists. Equivalent placement requirements could be introduced for representatives of national minorities.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Candidate Registration
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Candidate Registration
Kyrgyzstan
2017
EOM
Presidential
Article 299.1 of the Criminal Code should be revised to define “incitement of national (inter-ethnic), racial, religious or interregional enmity” in line with specific standards set by Article 20.2 of the ICCPR. Furthermore, key terms of the law, such as hatred, discrimination, hostility, and violence, should be clearly defined.
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:
2020
Final report heading:
Media
Kyrgyzstan
2020
LEOM
Parliamentary
elections
Law-enforcement bodies must investigate reports about vote-buying and abuse of administrative resource in an efficient manner. Consideration could be given to enactment of an expedited procedure for investigation and adjudication of election-related offences.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2021
Final report heading:
Complaints and Appeals
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
EOM
Parliamentary
elections
Continued efforts are needed to address the issue of vote-buying and pressure on voters, including through a civic awareness campaign, in order to promote confidence in the electoral process. A genuine commitment from political parties to combat vote-buying practices should be made.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Campaign
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