Today, December 13, the third meeting of the "School of Civil Enlightenment" was held, organized by the public association "Coalition of a New Generation" and the "Progress" fund.
The topic of today's meeting was "Principles of the Rule of Law and Laws in the Kyrgyz Republic," where the director of the "Adilet" legal clinic, Cholpon Jakupova, spoke. Participants exchanged questions, answers, and opinions about the legal authority system, elections, and the Constitution of the Kyrgyz Republic.
According to Article 1 of the Constitution of the Kyrgyz Republic, the Kyrgyz Republic is a secular, unitary, and rule-of-law state. There are several clichés that people responsible for the implementation of this right express, but as a result, everything leads to the opposite – words become empty.
Regarding the free conduct of rallies and the infringement of people's rights, the speaker stated that the law-making system in the state does not work, i.e., the executive power. In her opinion, the non-adoption of laws relates to the principle of violating the Constitution due to decrees: "The adoption of decrees offends the adoption of laws themselves. The existence of a mechanism for decrees is simply mockery."
Participants provided numerous examples of non-compliance with laws and the violation of rights under the law. Cholpon Jakupova expressed that the law ceases to have legal significance when it does not align with the Constitution.
"In my practice, I encounter judges not considering people's opinions and making decisions based on 'assumptions' for the first time. The rule of law does not work."
She cited examples from April 7 regarding the violation of rights and the dictatorship of one branch of power over another, concerning the cases of Satybaldiev, Joroev, and Tursunkulov. She also noted that private lawyers are often reluctant to comment on the cases.
"Today, due to the lawlessness towards someone, we become enemies of the state, the Constitution, etc." According to her, the state tempts the people. In particular, socially vulnerable individuals are given the opportunity to "shout" for 5 minutes and receive a roof over their heads.
Based on her analysis, she expects further violations of laws during the elections because one-third of the population will be excluded from voting due to the lack of biometric data. "Currently, there is a total cleansing of the competitive field," she asserts.
When asked about her attitude towards the law on biometric data, the speaker replied that she is in favor of biometrics.
"Biometrics are necessary, but the problem lies in the implementation of this law into the Constitution. Because here, the law on elections is regulated as – my right to vote is 'deprived' of legal capacity." In her opinion, biometrics are a tool for simplifying people's lives, introducing a unified registration system, i.e., a person, regardless of their location, can receive the necessary "minimum package" of assistance. There are many advantages, but no one is sure that their fingerprint will not be "misused." "I will go to submit my biometric data when I am sure that tomorrow I will not become a suspect in some criminal case because of this," she added.
Zharkynai Japarova
Source: bpost.kg
