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Askar
Akayev ordered a review of some parliamentary poll results
to address growing protests over alleged irregularities by
the opposition protesters. But, it failed to address the concerns
of the opposition parties. About 1,000 opposition activists
reportedly seized the regional governmental building in Kyrgyzstan's
second largest city, Osh, and forced police to flee on 21
March 2005. Earlier, the opposition activists had seized parts
of the nearby town of Jalal-Abad on 20 March. About 10,000
people besieged and then burnt down the police station in
Jalal-Abad and blocked the airport's runway to prevent the
government flying in re-enforcements. According to the police,
four officers were killed in the protests. They are demanding
resignation of President Askar Akayev.
Protests have been gathering
momentum in the south of Kyrgyzstan since run-off elections
on 13 March 2005 when opposition parties won only a handful
of seats in parliament. President Askar Akayev adopted illegal
measures contrary to Article 25 of the International Covenant
on Civil and Political Rights (ICCPR) to consolidate his rule.
On 24 January 2004, President
Askar Akayev established a residency requirement of five years
for would-be parliamentary candidates after amending article
69-1 of the Election Code. This was specifically enacted to
exclude opposition candidates who have served in government
posts abroad. The amended provision requires that the
aspiring contestant must prove residency in Kyrgyzstan for
the five years leading up to elections; six months of each
year can be spent abroad. Election officials have cited the
new residence requirement in denying the nomination of several
would-be candidates from the political opposition who had
been serving as ambassadors abroad.
Invoking the residency requirement
the government barred the nomination of several aspiring opposition
candidates for the parliamentary elections allegedly to secure
win of either the relatives or close aides of the president.
In January 2005, Roza Otunbaeva co-chair of the Ata-Zhurt
(Fatherland) political movement, Usen Sydykov, a leading member
of the Kyrgyzstan People’s Movement, and another opposition
candidate Sherimkulov were denied registration as candidates
for parliament on the ground that they allegedly were not
permanent residents of Kyrgyzstan for five years leading up
to the election. All the three leaders served as ambassadors
of Kyrgyzstan to different countries including UK and US.
In the case of Roza Otunbaeva, both the Lenin District Court
and the Supreme Court rejected her argument that the Kyrgzstan
embassies and diplomatic space abroad should be considered
as part of the country with respect to the amended electoral
provision.
The government was aware
that the opposition parties would protest against the
outcome of the recently concluded parliamentary elections
and the forthcoming Presidential election in October 2005.
It has, therefore, proposed a new legislation on demonstrations
and it is presently pending before the Krygyz Parliament.
Earlier on 13 January 2005, the Bishkek City Council issued
a decree requiring organizers of all public gatherings to
“notify” the city administration at least ten days prior to
an event. To register, one has to provide a written request
listing the name of the
organization, names, home addresses, work addresses of the
group’s representatives, a map of any march route, the date
and time of the event, and the approximate number of participants. These
orders of the government violate the right to freedom of assembly
and association.
However, it is not the first
time that the government led by president Askar Akayev has
been accused of election fraud. In October 2000, President
Akayev was elected to his third term. Although the 1993 Constitution
only allows an individual to serve two presidential terms,
the Constitutional Court ruled that Akayev could serve a third
term because he had been elected to his first Term Under the
old Soviet-era constitution. The Government disqualified otherwise
qualified candidates through conviction on questionable criminal
charges. Observers reported instances of ballot box stuffing,
voter intimidation, discrepancies in vote counts, and the
presence of a large number of local and regional administration
officials in and around the polling stations. The government
also allegedly used judicial proceedings in numerous instances
to prevent prominent political opposition candidates from
participating in or winning office in the parliamentary and
presidential elections Parliamentary elections that were held
in February and March 2000.
On 25 January 2000, the
Government began criminal proceedings against People's Party
opposition leader and registered parliamentary candidate Daniyar
Usenov based on 4-year-old assault charges that had been withdrawn
long before by the person allegedly assaulted. Another opposition
party Ar-Namys activist Emil Aliyev was arrested on 9 March
2000, 3 days before the second round of the parliamentary
elections on charges related to alleged fraud in a 1994 loan
transaction. Also on the same day, the Government declared
the Issyk-Kul election invalid. The Government subsequently
charged Omurbek Suvanaliyev, a leader of the Ar-Namys party
and candidate in that election, with fraud, which made him
ineligible to run in the repeat election. On 22 March 2000,
the government arrested opposition political leader Feliks
Kulov at a hospital where he was
receiving treatment for cardiac problems. The arrest followed
his defeat in a parliamentary election and the announcement
of his intention to run in the presidential election. On 5
April 2005, the Government terminated People's Party leader
Daniyar Usenov's conditional release and took him into custody,
despite no violation of the terms of his conditional release.
Serious irregularities also
marred a national constitutional referendum in February 2003
that resulted in further control by the President and weakened
the Parliament and the Constitutional Court. The referendum
involved the amendment to the 1993 constitution allowing him
to run for another term in presidency. There has been widespread
criticism of the new constitution and the timing of the referendum.
Kyrgyzstan
is a case of tragedy of democracy in Central Asia. President
Akaev won a tough fight for the presidency in 1990 against
a communist party boss. After a popular-election victory in
1991 he introduced multi-party democracy. But since then,
he has become intolerant, hell-bent on ruling the country
forever. President Askar Akayev has been allegedly trying
to build a monarchic dynasty by putting one of his family
members as his successor. Roza Otunbaeva, who was considered
as a threat to the electoral prospects of the president’s
daughter Bermet Akaeva, was denied registration as a candidate
for the recently concluded parliamentary election on the ground
that she allegedly was not a permanent resident of for the
five years leading up to the election. President Askar Akayev
needs to realise that any further oppression on the opposition
political party activists, albeit even with the help of the
judiciary, will not keep his boat floating for long unless
he practices the democratic norms for which he was praised.
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