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from the monitoring of elections of local
self-government: aiyili (villages), settlements and towns.
The KCHR
is non-governmental public organization, member of International
Helsinki Federation for Human Rights (IHF)
and has status of consultant at the UN
and EU
Council.
The KCHR has numerous offices in all regions of
Kyrgyzstan, including many big regional centers and cities.
More than 1,000 activists of KCHR conduct monitoring over
observing the electoral rights and rights of the candidates
for local governors, the correctness of the information
presented by mass media, interference of authority structures
in the process of elections, founding of electoral commissions,
conduct of pilot elections, observance of the Election Code,
as well as correspondence of election processes to the international
standards and implementation of the commitments, undertaken
by the Kyrgyz government.
After the conclusions of the OSCE concerning the Parliamentary and Presidential
elections in 2000, the government was subjected to criticism
on the part of the OSCE, ODIHR and other international organizations.
The KCHR has conducted monitoring of the elections in accordance
with the present Constitution of Kyrgyzstan: articles 1
p.6, 2 p. 1, 8 p. 1, 12 p. 1,2,3, 15 p. 1-5, 16 p. 1,2,
21 p. 1,2 and 23. The elections of local self-government
were conducted in three stages: pilot elections and first
and second round.
Pre-election situation:
In February, March and October in 2000 Parliamentary and
Presidential elections of Kyrgyzstan took place. The results
of the elections monitored by international organizations,
such as OSCE,
ODIHR
and others, as well as by local observers, were acknowledged
as undemocratic because of the gross violations of the Constitution
of Kyrgyzstan, Election Code, and standards of OSCE. It
led to sharp criticism on the part of local and international
organizations (conclusive reports of OSCE, ODIHR, NDI, Coalition
of NGOs, etc.).
Despite the discontent and criticism on the part of the
population's majority of, on February 19, 2001 President
Akaev passed a decree to reward the participants in Central
Commission on Elections and Conduct of Referendums and to
present the Chairman of Central Election Commission, Imanbaev
S. I. with an order "Manas", 1 degree. The deputy of Imanbaev
and other members of the Commission were also awarded, as
well as two experts of UNDP
- Orozaliev T. and Sultanbaev E. J. Thus, the President
of KR emphasized on one hand his attitude towards the criticism
and protests of Kyrgyz citizens and on the other hand the
attitude of the government towards the international community,
including the commitments to OSCE. The President presented
the Chairman of Central Election Commission, Imanbaev S.
I. with an order, as far as he was obliged him for being
elected for president, since the international community
acknowledged the results of elections as undemocratic.
The President also has appointed to high state positions people, who had
assisted his coming to power and removed his main opponents. Thus, for
example the deputy of the director of National Security Service,
Poluektov B., acquired the rank of general and during the election
campaign was appointed for vice-minister. His main service during the
elections was to institute proceedings against the basic opponent of
Akaev, F. Kulov, leader of "Ar-Namys" party. N. Baishenalieva became
chairman of the Supreme Court and her service during the election
campaign was to exclude from election process the general opposition
parties, such as "Ar-Namys, "El" national party and others. Many other
state officials governors, ministers, etc., received awards.
Conclusions:
- The Administration of repeatedly chosen President Akaev have
encouraged the people, who contributed to his victory, thus,
violating the law;
- The actions of the authorities contradict article 2 p.1 of the
Constitution, which runs that the state and its departments must
serve to the whole society, not to separate parts of it.
Conduct of pilot elections
and situation in the Republic after the period of election
campaign of local self-government
After the Presidential and Parliamentary elections in 2001, persecution of
citizens supporting the opposition continued. Many people have been
dismissed and threatened with prison. Thus, the brother of Kulov, M.
Kulov, and other members of "Ar-Namys" party were dismissed. Many
of them were compelled to immigrate abroad because of political
harassments.
Kyrgyz citizens, who have not completely overcome the shock of the
parliamentary and presidential election, were to face the election process
again and the authorities, using their state of shock, decided to become
stronger at the level of local authorities, as using the most devoted
individuals.
The pilot elections were conducted in accordance with the decree of the
President of January 17, 2001 confirming the temporal situation of the
elections in 43 pilot sections and thus, ignoring the democratic principles
and freedom of expression of citizens. Thus, the pretenders for local self-
government have been elected from several candidates in special
commissions at first in district, then in regional state commissions,
finally they have to go through interview with the governor, and then they
were allowed to participate in the elections. At the same time the
devotion to the present regime and the strict selection were publicized
through pro-governmental mass media. On February 13, 2001 the Kyrgyz
governmental information agency "Kabar" published the following: the
list of the candidates for the first elections of heads of rural government is
determined. The date of elections was fixed on March 4 in Lebedinovka
village of Chui region. Nazgul Begalieva, press secretary of the regional
state administration, announced that from all candidates for heads of
Lebedinovka rural government, the following individuals were elected:
Omurbek Beishenaliev, Amangeldy Djantemirov and Baiysh Ibraimov.
These 3 candidates were elected from 15 ones through examination of
their professional training and knowledge of general level. As a result of
the election, conducted by regional state administration and a special
commission, founded at the regional state administration, the rest of the
candidates failed the attestation. According to Begalieva two of the
candidates occupy at present governing positions in administration of
Lebedovka rural government and the third one is working in Chui
regional state administration. Evidently, the authorities promoted the
candidates and the population just has to vote formally.
On February 28 "Kabar" published another analogical announcement
of Osh region concerning the elections for Madyn rural government
in Karasui region. The situation in the other regions was
similar. At the same time the authorities gave another appreciation
of the election. "For the first time we have democratic
elections", stated the chairman of regional election commission
of Alamedin region, Babkin V. L. for the inhabitants of
Lebedinovka village. At the same time the electorate have
complained that they were left no right to choose, as far
as the authorities with the help of aforementioned commissions
resorted to various tricks in order to screen the 15 candidates
and to elect 3 of them. During an interview with journalist
Leila Saralaeva of independent newspaper "Delo",
villagers Ilias and Turgun Illiahunov of Lebedinovka village
said that they don't know the candidates and there is no
sense to vote, since the "winner" has been already elected.
They also added that the elections are just a formal process;
there were no agitations on the part of the candidates among
the population, as they obviously relied upon the support
of the authorities. The sociological public opinion poll
of the inhabitants of Lebedinovka village (19,000 electors)
showed that 73% from the electorate didn't know the candidates
for heads of rural government; 93% were sure that the candidates
were advanced by the authorities and the result of the election
does not depend on their votes.
Despite this situation, the election watchers registered
the following violations: in section 184 at secondary school
2 in Lebedinovka village the members of the election commission
began at 10.50 a.m. visiting the houses of the electorate
to collect the votes, as far as in sections 186, 185 nobody
have come to vote for an hour. During the pilot elections
members of the special services of law- enforcement agencies
and representatives of the administration were present at
all sections. Thus, in Lebedinovka village, at section 187
deputy of the head of aiyil okmotu Karipov and a militia
officer attended the sociological public opinion poll; on
May 27, 2001 at Atabek aiyil okmotu of Suzak region a member
of National security Service (KGB) confiscated the results
of the sociological public opinion poll from a watcher under
the pretext that the watcher had no document of identification.
The pilot elections were conducted in a similar way in all 49 electoral
sections. The elections for local self-government were fixed on December
16, 2001 all over the Republic and the authorities began publicizing these
elections as a democratic progress. The oppositional parties in
Kyrgyzstan refused to participate in the elections for local self-
government motivating their refusal with the fact that according to their
experience the elections will be unfair and many members of the
oppositional parties and sympathizing ones will become victims of
harassments and repressions. Thus, they showed their mistrust to the
present regime.
These actions of the opposition deprived the electorate to choose,
therefore, so called alternative elections included only people, devoted to
the present authority. The actions of the opposition could be explained
also by the fact that some leaders of the opposition are currently in prison
(F. Kulov) and independent mass media were closed under the pressure of
the authorities.
As far as the opposition refused to take part in the elections, the
authorities were compelled to advance several candidates in order to
make appearance of "democratic alternative elections". At the same time
the "winners" were already known. Moreover, in some regions it was
rumored that the akimy of the regions take bribes for every promoted
candidate and the individuals promoted for mayors must pay bribe to
higher institutions. Some mass media have written about the fact that the
elections of local self-government have corruption character and these
articles have not been refuted. Here is one of them: the most of candidates
for the post of head of local self-government of Chui and Naryn region
handed in application about their refusal to stand for this position. The
"former" candidates called the reason for this unordinary action lack of
funds for agitation". At the same time, one of the candidates, who wished
to remain anonymous, stated that the present elections in Kyrgyzstan,
even at such low level, have a corruption character (E. Nikolaev, info
center Bishkek, December 5, 2001).
This information was also confirmed by the KHCR activists and other
NGOs.
The authorities made a desperate step not to allow any independent local
watchers, as far as no international presence at the election of local self-
government. The authorities didn't allow any independent local watchers
to monitor the elections in order to give the appearance that the elections
were democratic. But exactly this fact contradicts the Constitutional rules
for conduct of democratic elections (according to the Constitution of KR
everyone could monitor the elections). At the same time the government
has been publicizing the elections of local self-government as
development of democratic processes in Kyrgyzstan. The authorities also
tried to show they had learned from the criticism of international
community. In fact, the goal of the authorities was to strengthen the
present regime at all levels, moreover, exactly the heads of local self-
government will play a decisive role during the next Parliamentary and
Presidential elections. Thus, the authorities think of the next elections
beforehand. Therefore, it was planned to avoid any information and
comments on the part of independent local watchers. In this connection
during the period of election campaign some alterations were made of
article 50 of the Election Code, confirmed and signed by President Akaev
on October 15, 2001.
The alteration runs: the international organizations are
prohibited to finance the participants in the election process,
except educational programs. The goal of this alteration
is to prevent independent international and local NGOs from
conduct of monitoring of elections. Many state governors
have commented the present alteration, in particular the
Minister on local self-government affairs and regional development,
director of State Agency on Registration of Rights over
Real Estate, T. Omuraliev, said in interview: "If the NGOs
receive funding from abroad, they receive the money for
something. Therefore, I am also against their participation
in monitoring of elections" ("Obshestvennyi reiting" (Public
rating) newspaper, ? 44 of November 15, 2001). At the same
time, the government receives financial aid from abroad
for its activities, what fact is testified by the words
of the aforementioned Minister in the same interview: "At
first place UNDP are our partner; with the help of "Soros"
foundation we have conducted a number of big seminars on
preparing of laws; the USAID
(USA) have been rendering a great financial support to us
we have been co- operating with them for a long time.
We also have been co-operating with many other international
organizations, which help us. Without their support we should
have had a hard time. Soon the elections of heads of local
self-government will take place; more than 460 people will
be elected, including the heads of towns of local submission".
As the
Minister said, the government of Kyrgyzstan has received a lot of
financial resources from international community for conduct of elections
of local self-government. At the same time the goal of this elections is to
strengthen the regime. We consider, it is not necessary to comments the
misappropriation of the foreign financial aid by the government.
After the alteration of article 50 of the Election Code was approved, the
authorities began using various tricks to prevent the independent watchers
from monitoring the elections. For example, the chairman of Central
Election Commission of Kyrgyzstan, S. Imanbaev, conducted on
December 11, 2001 an intercom debate with the governors, akims and
chairmen of election commissions and gave them instructions to stop the
conduct of candidates' debates, organized by Coalition of NGOs, as far as
the elections are internal affair of the state and any monitoring on the part
of NGOs or international organizations is interference in the internal
affairs of the country and violation of Kyrgyz legislation.
The activists of KCHR in the regions, who have monitored the
election process, were subjected to campaign of discredit by the
authorities and presented as betrayers of the native land and spies of
foreign states among the population; the special agencies have spread
rumors that the chairman and some other activists have deliberately
hidden abroad and the members of KCHR in Kyrgyzstan have been
sending them state secrets and secret materials of Kyrgyzstan, what fact
threats the sovereign of the country. There were also rumors exaggerated
that because of the activities of the KCHR, the international organizations
stopped making investments and giving grants to Kyrgyzstan. This
information has been also disseminated among the peasants, farmers,
pensioners and invalids. The campaign of discredit has been conducted at
official state level through pro-governmental mass media. Thus, in
newspaper "Argument " ? 6 (55) of April 7, 2001 the following material
was published: "Friend Ramazan, where are you now?", where by the
order of the Ministry of Internal Affairs, T. Aitbaev, the activities of R.
Dyryldaev, when he worked in the system of Ministry of Foreign Affairs,
were presented in a negative light. Another material by name "Swindler
in the role of truth admirer" was published in pro-governmental
newspaper "Slovo Kyrgyzstan" of June 15, 2001 and the state secretary
of Administration of President Akaev, Osmonakun Ibraimov, during a
radio-telephone line of BBC London-Bishkek directly charged Dyryldaev
with the loss of Kyrgyzstan's image and deviation from democratic
principles, as called Dyryldaev a super democrat, who having problems
with the law in Kyrgyzstan, hides abroad.
The following activists were charged with espionage and betrayal: B.
Tynaliev, M. Usbaev, G. Shadykanova, M. Ivashenko, T. Sydykbekova,
Iu. Grigorieva and J. Mamataliev.
The campaign of discredit has strengthened in the period of election
campaign of local self-government, at first during the pilot elections and
after that after the date of elections was fixed. The persecution of the
KCHR activists has also increased. Thus, in May the following activists
in Jalal-Abad region were arrested and afterwards fined according to the
Administrative Code: Korgoldoev E., Nujnov S., Sudakov A. and
Kadyrbekov A.; in July Arkabaev A. was arrested on fabricated criminal
charge; in October the Pervomay court of Bishkek imposed a fine on all
members of the KCHR Directing Board Dyryldaev R., Osmonaliev M.,
Jakishev M., Fomenko N., Masakeeva S., Tosobaeva B., Usupbaev A.
and others. Only for 2001 the KCHR have been fined 4 times, in total
more than $5,000 US; in May 2001 the office equipment of KCHR was
confiscated; in October the Director of National Security Service
confiscated some documents of KCHR (the Statutes, registration
certificate and others) from coordinator of KCHR of Naryn region
Bulatov Kachkan and he was prohibited to conduct activities on
protection of human rights.
Thus, the authorities have interfered in the activities of KCHR in order to
prevent monitoring of the election process. Therefore, the KCHR was
compelled to conduct monitoring basing on the following articles of the
Constitution of KR: article 1 p. 6, article 2 p. 1, article 8 p. 1, article 12 p.
1, 2, 3, article 15 p. 1-5, article 16 p. 1, 2, article 21 p. 1, 2 and article 23,
as far as the political will of the government did not allow to conduct a
valuable monitoring of elections. In this situation the KCHR could only
conduct monitoring, guided by the aforementioned articles of the
Constitution, without accreditation at the Central Election Commission
(CEC), as far as the chairman of CEC, Mr. S. Imanbaev violating the
impartial status of election commissions has repeatedly stated on the
pages of pro-governmental mass media that the local and international
watchers interfere in the internal affairs of Kyrgyzstan. He gave as
example the conduct of fair and just elections in "Belorussian variant".
Of course, the chairman of CEC coordinated his actions with the
President of the country. If the President wished to conduct democratic
elections, then he would take in hand or stop the illegal actions of the
officials. For example, before the elections the CEC conducted an
intercom debate with the chairmen of election commission and they were
given instructions not to allow independent watchers at the sections in the
day of elections.
Using the absence of control, the authorities formed convenient election
commissions; the members of the commissions were not chosen at
meetings but their names were just formally written in a protocol.
Reports of mass media
and the situation around it
Independent mass media could not completely reflect the course of
election campaign, as far as the government took measures to close a
number of independent mass media. "Asaba", the most popular
newspaper in Kyrgyz language, which had a large range of readers,
including the villagers, was closed. Thus, the inhabitants in villages were
deprived to receive objective information and they exactly were the
electorate during the elections of local self-government. Another
independent newspaper, "Respublica", was exposed to strict censorship
on the part of National Security Service (KGB) and printing house
"Uchkun". Every number of the newspaper has been carefully read
through by so-called "readers" (in fact officers of special services) and
after their permission the newspaper was printed. Moreover, for the last
year "Respublica" newspaper has been repeatedly subjected to large
fines. On October 17, 2001 the newspaper was fined with 300,000 soms
on the suit of Eliseev; a month later Eliseev brought an action against Z.
Sydykova, general editor of "Respublica" newspaper. The court has been
also considering for a long time the suit of Botaliev S. against the
newspaper. According to public opinion Eliseev and Botaliev have been
cooperating with the authorities and have been used to exert pressure on
independent NGOs and mass media.
Beside the aforementioned mass media, the Ministry of Justice prohibited
the issue of 16 new mass media, including independent mass media
"Moia stolitsa" and "Agym". The both newspapers were first published
on December 16 (in the period of elections) under the pressure of
international community; therefore, the newspapers did not managed to
inform about the election campaign. At the same time, the governmental
mass media and TV have been broadly informing about the course of
election campaign and the day of elections, emphasizing that for the first
time there are democratic elections in Kyrgyzstan, in particular
"Vechernii Bishkek" newspaper, which control share holding belongs to
the son-in-law of President Akaev Azil Toigombaev. The newspaper
has devoted every new number to the elections of local self-government.
The elections have been also eulogized by the state TV and radio, as well
as by local mass media, controlled by the heads of local administration.
Day of elections
The elections were conducted in two rounds - on December 16 and 23.
Although the government has took all measures to decrease the number
of independent watchers, public union "Coalition for Democratic and
Civil Society" provided 514 independent watchers and 260 watchers in
the second round and made conclusions on the results of elections of local
self-government. According to these conclusions the elections were
unfair and not free. The KCHR also have monitored the process of
elections and the situation in general, including the political situation, the
situation of mass media, NGOs and opposition. More than 1,000 activists
participated in the monitoring of elections; in some regions the
monitoring was conducted in common with the Coalition of NGOs but
nevertheless the results and conclusions of the monitoring were
independent.
The election on December 16 and 23 were conducted under the strict
control and interference of the heads of local administrations, election
commissions and law-enforcement agencies subordinate to the
Administration of President, i.e. to the existing totalitarian regime. The
watchers , accredited by the Coalition of NGOs, were not allowed to
conduct monitoring in some regions Jalal-Abad, Issyk-Kul and other
regions. In Talass region the independent watchers reported that in
sections 83, 84, 85 and others family voting took place; in Bakai-Atynsk
region on the day of elections facts of active agitation on the part of
supporters and bribery of the electorate were indicated in violation to
articles 36, 3, 4, 5 of the Election Code; in all places the candidates have
been knitting together the electorate by agitation. The election
commissions consisted of state officials, who were not acquainted with
the law of elections and just were following the directions; 3 and more
ballot-papers were given to each voter.
Thus, in Ananevo village of Issyk-Kul region the population supported
Tynaliev B.; however, the authorities have another candidate, who should
win. In order to prevent Tynaliev from winning, on the direction of the
governor of the region, Sharipov J., the akim of Issyk-Kul region,
Akmatov J., and the chairman of the regional committee, Ujurtaev T. K.,
the district commissions were given ballot-papers with special signs,
which indicated who must be voted for; another violation was the fact
that in the list of ballot-papers names of some dead persons were included
and their votes were included in those supporting the authorities'
candidate. At least 3 "dead votes" were revealed in this village, as well as
the votes of Oruntaev and Chalisanov, who did not participate in the
elections, were included in the list in favor of the authorities. Moreover,
the district commission included 78 from 152 invalid ballot-papers in
favor of the candidate of authorities. Thus, Monkeev R. R., supported by
the authorities, won the elections for head of aiyil okmotu.
The legal power, as before during the Parliamentary election, served as an
instrument for the regime during the elections of local self-government.
Thus, in Bozteri village Onkobaev Bakat won but he was not convenient
for the authorities; with the help of Issyk-Kul regional court the results of
elections were admitted for invalid.
In Chon-Saryi aiyil okmotu candidate of the authorities was Karasartov
K. 606 candidates participated in the voting but after counting of the
votes, their number was 840; it turned out that 240 of electors voted after
17 o'clock, what is hardly to believe, as far as a big feast coincided with
the day of elections and scarcely somebody went to vote after 17 o'clock.
In Cholpon-Atin region the watchers of candidate Mukashev were not
allowed to attend the counting of the votes; as a result the winner of the
first round was Jumashukurov candidate of authorities. The results of
elections are being disputed in the court.
In elective section ? 3 of Karadyrin aiyil okmotu of Suzak region after
the voting was opened, the watchers revealed shortage of 196 ballot-
papers and the voting was interrupted until noon; at the same time the
election commission hurried to announce that the elections were
democratic. However, the report of the Coalition of NGOs for Democracy
and Civil Society completely refuted the announcement of the
commission.
On the basis of the studied materials we came to the following
conclusions:
Special conclusions
- The actions of the authorities at all levels during the elections of
local self-government have violated the Constitution of KR (the
same happened during the last parliamentary and presidential
elections). According to article 1-p.6 citizens of Kyrgyzstan
have the right to elect the President of the state, the deputies of
Legislative Council and the Council of national representatives
Jogorku Kinesh, as well as the representatives of local
authorities' bodies. The elections must be free and secret, with
direct and just voting. The electorate includes people over 18
years old. The investigations showed that the elections were far
from being free.
- Article 2 p.1 of the Constitution of KR runs: the state and its
bodies serve to the whole society, not to separate parts of it.
During the elections the state bodies served to the present
regime.
- During the elections of local self-government the Kyrgyz government continued to
persecute the oppositional leaders; some of them, for example the leader of "Ar-Namys"
party, Felix Kulov, are currently in prison. It was the reason why the opposition refused
participation in the elections.
- Article 50 of the Election code was altered (see the information
above), which fact deprived independent NGOs to monitor valuably the
elections; the Central Election Commission directly prevented a number
of NGOs from monitoring of elections conducting a campaign of
discredit through some official channels.
- Article 12 p.1, 2, 3 of the Constitution of KR runs:
- The Constitution has the highest legal power and direct
action in KR. However, this item has been often ignored.
- On the basis of the Constitution laws and other normative
acts are passed. The alteration of article 50, the directions
and actions of Central Election Commission often contradict
the Constitution.
- Intergovernmental contracts and other norms of
international law, ratified by Kyrgyz Republic, are
constitutive and inseparably acting part of legislation of
Kyrgyz Republic. During the election campaign a number of
rules of international law and commitments of Kyrgyz
government have been ignored commitment to OSCE on
elections, pressure upon mass media and others. The
government has not implemented the recommendations of
UN Committee on Human Rights, accepted in July 2000.
- Article 15 p. 1-5 and article 16 p.1, 2 have been also violated:
human rights and freedoms have been ignored; the opposition
has been persecuted; NGOs and mass media have been
harassed.
- Article 23 of the Constitution runs: citizens of Kyrgyzstan
participate directly in the governing of the state, in discussion
and passing of laws and decisions of Republican and local
importance through their representatives; they have equal
rights of access to state positions. In fact, after the
Parliamentary and presidential elections the authorities have
continued to dismiss representatives of the opposition and their
supporters.
General conclusions:
No democratic progress was observed during the elections of local
self-government; the situation of human rights has become worse.
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