The Central Election Commission of Kyrgyzstan annulled the results of the elections in District No. 13 due to violations of the secrecy of the ballot. Cameras were installed at 35 polling stations, which, according to the commission, allowed observers to track how voters were casting their votes, constituting a serious legal violation. The CEC claims that the cameras were placed in areas where this is strictly prohibited.
Preliminary results showed that Bakyt Sydykov received 17,397 votes and became the leader, while Aibek Altynbekov came in second with 13,477 votes. Among female candidates, Aigul Karabekova took first place with 8,839 votes.
In response to the ensuing scandal, political scientist Bakyt Baketaev sent an official letter to the CEC, expressing the need to reconsider the approach to video recording at polling stations and assess the legal consequences of the decision made. Below is the full text of his address:
“Dear members of the Central Election Commission of the Kyrgyz Republic!
In connection with your decision limiting the use of video recording devices by observers, I ask you to consider the possibility of revising it, especially regarding the ban on recording the moment ballots are dropped into the ballot box.
I believe it is important to give this issue a deeper legal assessment, based on the norms of national legislation and international standards for democratic elections.
1. The right to visual control of the voting process
According to the electoral legislation of the Kyrgyz Republic, observers have the right to:
• be present in polling places;
• observe the voting process;
• see how ballots are dropped into the ballot box;
• keep track of the number of voters who have cast their ballots.
These norms explicitly establish the observer's right to visually control the fact of ballot dropping, which is an important tool for protection against possible violations, such as ballot stuffing.
Thus, observers have the opportunity to record the number of ballots dropped in real time while watching the ballot box.
2. Video recording does not violate the secrecy of the ballot
The principle of ballot secrecy implies that no one can know how a specific voter voted.
Video recording of the ballot dropping process is intended to document:
• the number of ballots dropped;
• adherence to procedures;
• the absence of unlawful actions.
At the same time, such a recording:
• does not touch upon the content of the ballot;
• does not record the will of the voter;
• does not penetrate the voting booth;
• does not allow identifying the citizen's choice.
From a technical and legal standpoint, video recording is analogous to the visual control that the observer already has the right to conduct “live.” The camera merely captures what the observer can see with their own eyes.
3. International standards permit the use of technical means of control
According to the recommendations of the OSCE/ODIHR and the Code of Good Practice in Electoral Matters of the Venice Commission, elections must comply with the principles of:
• transparency of all procedures;
• effective public control, including observer oversight;
• maintaining the secrecy of the will of the voters.
International practice confirms the possibility of using technical means of observation, provided they do not violate the secrecy of the ballot. Documenting the process of dropping ballots into the ballot box meets these requirements and enhances the transparency of elections.
4. Restricting video recording infringes on the rights of observers and candidates
The ban on video recording the fact of ballot dropping:
• limits the right of observers to control the voting process;
• reduces the level of transparency of the procedure;
• may be recognized as a disproportionate and unjustified restriction;
• affects the rights of candidates to fair and open elections.
In the event of litigation, this restriction may be deemed to violate constitutional guarantees of electoral freedom and the international obligations of the Kyrgyz Republic to ensure transparency and oversight in elections.
5. The need to review and legally assess the decision
Considering all of the above, I ask the Central Election Commission to:
• reconsider the decision to ban video recording of the ballot box by observers;
• conduct a legal examination of the issue taking into account:
– the norms of national legislation;
– the principles of proportionality and necessity of restrictions;
– the international obligations of the Kyrgyz Republic;
• ensure uniformity and legality of practices at all polling stations, excluding ambiguous interpretations of observers' rights.
These measures will help strengthen public trust in the electoral process, increase the level of transparency, and eliminate potential legal risks,” Baketaev noted in his address.
