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Location: Kyrgyzstan
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Kyrgyzstan
2017
EOM
Presidential
The state should guarantee the right to a free and secret ballot. Any form of pressure to disclose how voters intend to vote or how they voted should be prevented. It should not be possible to associate a voter and her/his vote.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Election Day
Kyrgyzstan
2017
EOM
Presidential
The authorities should undertake efforts to create equal opportunities for all candidates. In particular, the rules for state officials in relation to the election campaign should be clarified, and penalties be increased for misuse of public resources. Furthermore, in line with the legislation, officials should avoid taking actions and making statements in favour of or detrimental to certain candidates.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2020
Final report heading:
Campaign Environment
Kyrgyzstan
2017
EOM
Presidential
The legal framework on political and campaign finance should be improved to ensure greater transparency. Political parties should be required to submit financial reports on an annual basis. Campaign finance regulations should provide for an obligation to disclose sources of campaign funding before election day, publishing detailed final reports on campaign incomes and expenditures and results of their audit, and envisage a range of dissuasive and proportionate sanctions for violations of campaign finance rules.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Campaign Finance
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
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
2017
EOM
Presidential
The CEC’s handling of complaints about the misuse of public resources and intimidation of voters must utilize all available legal remedies to discontinue, sanction, and prevent such practices, conveying a strong message to the public and to offenders that such practices will not be tolerated. To this end, the authorities could create an inter-institutional task force ahead of the next elections, with the inclusion of the CEC, key ministries, law enforcement, and other relevant agencies.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2020
Final report heading:
Complaints and Appeals
Kyrgyzstan
2017
EOM
Presidential
Consideration should be given to setting in the law a clear deadline for a possible second round.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2020
Final report heading:
Electoral System and Legal Framework
Kyrgyzstan
2017
EOM
Presidential
The law on election commissions should be amended to include impartiality as one of the guiding principles for activities of election commissions, in line with international standards. Consideration could be given to allowing non-political bodies, such as civil society and the judiciary, to appoint CEC members with a view to enhancing the CEC’s impartiality and pluralism.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2020
Final report heading:
Election Administration
Kyrgyzstan
2017
EOM
Presidential
In order to further enhance collegiality in and openness of decision-making processes, the CEC should consider removing the possibility for its members to vote while absent.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Mostly
Year of assessment:
2020
Final report heading:
Election Administration
Kyrgyzstan
2017
EOM
Presidential
Consideration should be given to strengthening the training for PEC members, with a special focus on the handling of technical equipment, the vote count, and the completion of results protocols.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2020
Final report heading:
Election Day
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