16.09.2008 : Kyrgyzstan: the President has signed the law limiting the right to a freedom of assembly and meetings

On Wednesday, August 6th, the president of Kyrgyzstan Kurmanbek Bakiev has signed the law "About entering additions and changes into the Law of the Kyrgyz Republic "About the right of citizens to gather peacefully, without the weapon, freely to spend meetings and demonstrations". The given changes in the law have been initiated by the leader of fraction of a party of communists in parliament Ishak Masaliev. Amendments which have already come into force provide introduction of restrictions of freedom of carrying out of meetings and assemblies. For example, mass actions are authorized to be spent only from 9 am up to 8 pm of local time. Organizers and participants of public action are forbidden to establish yurts, tents and other constructions intended for a long occupation in a place of public action. Besides the bill gives to institutions of local government the right to define in a corresponding territory special places for the public actions which don’t request the notice of corresponding authorities.

Changes in the law on meetings and assemblies have been accepted by Jogorku Kenesh (parliament of Kyrgyzstan) and have caused the sharp criticism of right defensive organizations of the country which repeatedly directed to the President the reference with the request not to sign this law since it contradicts the constitution, giving to any citizen the right to freedom of carrying out of assemblies without any restrictions provided that clauses of other laws in force are not broken.

The press-service of the president stated that "the signed Law fills the legal gaps which are in a current law. In particular, the current Constitution of the Kyrgyz Republic became fixed in terms of notifying order of carrying out of public actions (meetings, processions, etc.) and an interdiction on carrying out of public actions in the certain places by the Law is provided".

"The Establishment of the notifying order of the organization of public actions is accompanied with the right of local authorities to expression of disagreement to their carrying out with the reference in court about prohibition of such actions or change of conditions of their carrying out, in cases of infringement of the rights and freedom of other persons, public safety, protection constitutional building ", - the head of the President’s press-service informs.  She points out that "by consideration of the given Law in parliament its separate positions have received an ambiguous estimation among a part of representatives of a civil society, and number of references has addressed to the President".

Further the press-service of the president informs that " considering that the General declaration of human rights, the International pact on the civil and political rights and the Constitution of the Kyrgyz Republic suppose restriction of freedom and human rights by laws with a view of maintenance of freedom and the rights of other persons, public safety and the order, importance of legal regulation of the order of carrying out of public actions in view of maintenance of the rights of all citizens of the country, the president Bakiev E. has signed the Law of the Kyrgyz Republic passed by parliament "About entering additions and changes into the Law of the Kyrgyz Republic "About the right of citizens to gather peacefully without the weapon, freely to spend meetings and demonstrations".

 

Let's remind that on July 1st the Constitutional Court of Kyrgyzstan has recognized limiting rights of citizens to a freedom of assembly 11-th clause of the law "About the special status of capital" and the decision Bishkek city Kenesh (Advice) of deputies "About the statement of Rules of carrying out in the city of Bishkek of assemblies, meetings, processions, demonstrations and pickets" from December 5th, 2007 contradicting the Constitution of Kyrgyzstan which gives to citizens the right to freedom of carrying out of meetings and assemblies without any restrictions. It has given the basis to hope to right defenders that the president will not sign changes passed by parliament in the law "About the right of citizens to gather peacefully, without the weapon, freely to spend meetings and demonstrations". However, expectations of right defenders didn’t work.