The dispute about the usurpation: what did you fight about the President of Kyrgyzstan and his associates

Colleagues dispersed

Independence Day, Kyrgyzstan President Almazbek Atambayev criticized his former colleagues, accusing him on the eve of the illegal attempt to change the Constitution. The appeal against Atambayev signed eight members of the transitional government formed after the revolution of 7 April 2010. Atambayev was also a member of the government, held the post of Prime Minister. Your signature also put one of the leaders of the opposition protests Roza Otunbayeva, who took after the overthrow of President Kurmanbek Bakiyev to the post of Chairman of the provisional government and then President of the transitional period until the election of Atambaev.

The President said that his “slander” and accused of usurpation of power. “The apotheosis of this smear campaign was yesterday’s address to the nation, members of the interim government in the face Otunbayeva, [Omurbek] Tekebayev, [Azimbek] Beknazarov. Let me be honest — everything is a vile lie,” said the President. Their appeal, he explained, “jealousy” and “anger”, “they were waiting for some special conditions, and privileges of, the eternal seat in high office, but I, as President, do not discount even the members of his family, and not what the members of the provisional government” (quoted by “RIA Novosti”).

Proposals for the Constitution

The debate between former colleagues revolved around the amendments to the Constitution initiated by the President of the Parliament Chynybai of Thing, the former leader of the Pro-presidential Social democratic party of Kyrgyzstan (SDPK), the leader of the SDPK ISA Omurkulov and other leaders of the ruling coalition. They suggested strengthening the powers of the Prime Minister of the country and allow combining parliamentary activities with the office of the Prime Minister or Deputy Prime Minister.

The deputies proposed to reflect in the Constitution the Supreme value, including a man, his life, the pursuit of happiness, health, rights and freedoms, love of country — in total more than 30. The parliamentarians also proposed to change the rules relating to the priority of norms of international law: the current edition specifies that the rules of international treaties on human rights have direct effect and priority over norms of other international treaties and the proposed wording assumes that the procedure and conditions of applying international treaties and the universally recognized principles and norms of international law are determined by the law of Kyrgyzstan.

These higher values are not legal concepts, they can be interpreted in different ways, on the basis of historical situation or in favor of one or another political regime, wrote a letter of criticism of the authorities. Amendments to strengthen and increase the powers brings government under the control of the Parliament, entail permissiveness and impunity of the government, critics say. Overall, they estimate that the current Constitution does not give to those wishing to usurp power, to encroach on her.

Otunbayeva and her co-authors said that over the 25 years of independence, the Constitution changed eight times. However, the current version was endorsed by the Venice Commission and adopted by referendum in June 2010. According to them, the essence of the changes was not communicated to the society, while the previous Constitution was widely discussed, and the meeting of the constitutional conference was broadcast live on national channel.

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When the Constitution was adopted, the authors talked about the fact that it will make a parliamentary Republic, not presidential, as it was under ousted Bakiyev. On the website of the foreign Ministry stated that, after its adoption, Kyrgyzstan became the only parliamentary Republic in Central Asian region. However, in independence Day, Atambaev said that his opponents introduce people astray, claiming that in 2010 the Constitution was adopted, which provides in the parliamentary Republic form of government. “In fact, we are talking about the presidential-parliamentary form. And the Constitution laid down the conditions for totalitarianism, so it should be changed,” he said.

The Constitution of Kyrgyzstan was adopted following the 2010 revolution in June. The procedure for amending the Constitution is governed by article 114, which allows to change position through a referendum, appointed by Parliament, and in some sections by the Parliament. After approval of the Constitution was also adopted by a separate law, which imposed a moratorium on the amendments by the Parliament before September 1, 2020. Violation of the moratorium has also prompted criticism of Otunbayeva and her associates.

Changes are needed, it is clear, says the former Prime Minister of the country Felix Kulov. However, whether the Constitution allows them to hold — this is a subtle legal question. He agreed that the current document creates an opportunity for the usurpation of power by the President, though on formal grounds the Basic law it was not provided. This was possible due to the fact that the current President is Pro-presidential faction and the possibility of influence, he explains. The former Prime Minister also points to the inconsistency of the norms of international law: “We can remove the paragraph about the supremacy of the Constitution, but because we ratified the international Covenant and must abide by it”.

During the discussion of amendments to the Constitution of their initiators have been used also to reject the accusations that the Constitution is changed so the President took over as Prime Minister after the expiration of the term (presidential elections are scheduled for 2017, re-run the President has no right). Details about what the Constitution is changed so the President took over as Prime Minister after completion of his tenure are untrue. The head of state himself talked about this many times,” said the Thing.

For Kyrgyzstan are usually politicians use populism and nationalism, which is often clothed in democratic clothing in the pre-election period, says the Russian expert Azhdar Kurtov. According to him, the state is to blame for that, but the results should be compared with what was before his arrival. Atambayev fulfilled part of its promise, says Kurtov: was closed the American base Manas, the country joined the Eurasian economic Union, due to which the Kyrgyz labor migrants currently working in Russia in a better situation than migrants from Uzbekistan or Tajikistan. Kurt also recalls that the President is often accused of trying to stay in power through the transformation of power, but this did not happen.