The operation of Kyrgyzstan’s judiciary has remained largely within the control of the executive.
There is no effective separation of powers and the prerequisites for judicial independence are not entrenched in law. This has allowed the government to use court proceedings, including the institution of criminal libel actions, as a weapon against political opponents, human rights defenders and the independent media, with impunity.
The Ministry of Justice has complete control over the licensing and discipline of lawyers and advocates, which compromises the profession’s ability to perform its duties freely and diligently. Citizens do not enjoy effectively due process and fair trial rights.
Domestic measures taken to combat terrorism also jeopardize these fundamental guarantees. A 2003 referendum approved constitutional amendments, which increase the powers of the President and weaken the Parliament and the Constitutional Court.
Kyrgyzstan-Attacks on Justice 2005-publications-2008 (full text, PDF)Attacks on Justice 2005Publications