A new constitutional law «On Akyikatchy (Ombudsman)», developed on the basis of the current document, has been submitted to the Zhogorku Kenesh (Parliament) of Kyrgyzstan for consideration.
As Ombudsperson Jamilya Jamanbaeva explained at a meeting of the Committee on Social Policy of the Parliament, there are five state bodies with special status in Kyrgyzstan: the Prosecutor General’s Office, the Central Electoral Commission, the Accounts Chamber, the National Bank and the Ombudsman’s Institute. Their activities should be regulated by constitutional law.
Akyikatchy reported that at the moment, only the activities of the Ombudsman’s Institute are not regulated by constitutional law, which is why it was necessary to develop this bill.
According to her, the document was drawn up taking into account the gaps and contradictions with other laws identified over the past 20 years.
The background statement to the draft law says that it is proposed to deprive the Zhogorku Kenesh of the right to terminate the powers of the Ombudsman, since this creates a direct dependence on political forces and hinders the effective implementation of powers to protect the constitutional rights of man and citizen.
According to the current law, the Ombudsman reports to Parliament annually on the work done. Deputies can terminate the powers of the Ombudsman if they consider the report unsatisfactory.
In addition, in order to exclude the politicization of the position of Akiyakatchy and the influence of various political forces on the position, a norm is proposed, according to which the Akiyakatchy and his or her deputies do not have the right to be members of political parties, to support or oppose any political party or other public association pursuing political goals.
The background document also states that the adoption of the law will help Kyrgyzstan obtain the «A» status in the international human rights system, this will increase the country’s authority and open up more opportunities for the protection of human rights. «Currently, the Akyikatchi with the «B» status only participates in meetings of the Global Alliance of National Human Rights Institutions, but cannot vote or hold leadership positions,» the document says.
One of the important changes will be the introduction of liability for interference or obstruction in any form of the exercise of the powers of the Akyikatchi, deputies and employees of the institute.
The draft constitutional law enshrines the right of the Akyikatchi to access materials of criminal, civil, administrative cases and cases of offenses in production, as well as to terminated cases and materials for which criminal cases were refused with the ability to make copies of these materials.
Jamilya Jamanbaeva explained that when complaints are received about torture and employees of the Ombudsman’s Institute see signs of torture on people during visits to institutions, they cannot even record it on photo or video. If the bill is adopted, the Akyikatchi will have the right to unlimited access to all relevant documents, databases and materials, including confidential ones.
The committee members approved the proposed bill in the first reading.
Recall, the bill was put up for public discussion in 2023, and in 2024 it was submitted to the Zhogorku Kenesh for consideration. However, almost immediately the authors of the bill, deputies Elmurza Satybaldiev, Bakyt Sydykov, Marlen Mamataliev, Akylbek Tumonbaev and Aibek Matkerimov, withdrew it for revision.
