Experts will be questioned in Constitutional Court

Июн 02.2023

On 7 June, the Constitutional Court will continue hearings on the petition of lawyers from "Bir Duino Kyrgyzstan" to recognize paragraphs 2 and 3 of Article 17 of the Law of the KR on Non-Profit Organizations as contradicting Articles 2 (Part 2), 8 (Part 1), 23 (parts 1,2 3, 4, 5), 32 (Parts 1, 2) and 36 of the Constitution of the KR.

Earlier, on 17 May, the court supported the lawyers' petition on the need to interrogate experts from the Jogorku Kenesh of the KR regarding the submitted examinations results. According to the requirements of the law, draft regulatory legal acts must undergo legal, human rights, gender, environmental, anti-corruption and other kinds of scientific expertise.

It should be noted that in its appeal to the Constitutional Court, BDK requests to recognize paragraphs 2 and 3 of Article 17 of the Law of the KR on Non-Profit Organizations as contradicting Articles 2 (part 2), 8 (part 1), 23 (parts 1,2 3, 4, 5), 32 (parts 1, 2) and 36 of the Constitution of the KR. These changes are related to issues of the size and structure of income, as well as information about the size and composition of the property of a non-profit organization, its expenses, which cannot be the subject of a trade secret, and non-profit organizations should annually, until 1 April, publish on the website of the authorized tax authority the summary information for the previous year on the sources of funding, objectives of expenditures, as well as information about acquired, used and alienated property.

BDK considers these norms discriminatory, aimed at increasing pressure on the activities of non-profit organizations. Therefore, on 17 June 2022, a petition was submitted to the Constitutional Court of the KR on unconstitutionality of these norms. On 7 July 2022, the petition was denied. On 3 November 2022, the Constitutional Court, having granted the appeal, accepted the case into its proceedings.

Also, on 7 June, independent expert Venera Shaidullina from the organization Kadyr Kasiyet, Kazakhstan, will speak at the trial. The analysis conducted by the organization with respect to the adopted amendments to the legislation for compliance with international standards in the field of guarantees and protection of human rights and the Constitution of the KR states that non-profit organizations contribute to solving social problems, as well as creating a favorable business climate, stability of the economic and political system. Venera Shaidullina recommends eliminating these norms from the legislation of the KR: "It is important that policies regarding non-profit organizations be supportive, as disclosed in international standards."

Protection of the interests of public organizations is based on the principles of protection of the rights and freedoms of all citizens of the country. Lawyer Khusanbai Saliev hopes for a fair decision: "The Constitutional Court of Kyrgyzstan stands guard over the protection of the Constitution and is the guarantor of the protection of the constitutional rights and freedoms of citizens of our country."

The trial will take place at 9.00 a.m. on 7 June, 2023 at the Constitutional Court at 39 Erkindik Boulevard, Bishkek. To attend the hearing, please, contact the employee of Bir Duino Kyrgyzstan in advance so that you are included in the list. BDK contact person: Aidena Samsakova, mobile: 0772163229.

Should you have any questions regarding the trial, please, contact the lawyers of the BDK-Osh office Khusanbai Saliev, mob.: +996 555 161 300 and Valerian Vakhitov: +996 703 407 293, e-mail: birduinokyrgyzstan@gmail.com.

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Feedback from our focus groups

SHAKHBOZ LATIPOV

SHAKHBOZ LATIPOV

Experience should be attached to a law degree

Shakhboz Latipov, 24 y.o., young lawyer: “When I came to BDK for an internship, I had no experience in legal and human rights activities. Together with experienced senior colleagues, I began to attend trials, studied documents. Gradually my supervisor Khusanbai Saliev began to trust me the preparation of documents, carefully checked them and gave practical advice. Experience comes with time and cases you work on. Every day dozens of people who need help come to us, many of them are from socially vulnerable groups: the poor, large families, elderly citizens. A lawyer in a human rights organization sometimes acts as a psychologist, it is important for him to be able to maintain professionalism and show empathy. At the end of 2019, I successfully passed the exam to get the right to start working as attorney and now I work on cases as an attorney. I turn to my colleagues for help on complex issues, they always give me their advice. This is one of the strengths of the organization: there is support and understanding here.”

FERUZA AMADALIEVA

FERUZA AMADALIEVA

Organization unites regions

Feruza Amadalieva, social worker, leader, teacher: “TOT from BDK is a great opportunity to get acquainted with participants from different regions, we continue to communicate on social media and when we meet at events, as close friends, we have such warm relations! At the events, I improved my knowledge, systematized it, clarified how to apply it in practice. I really like the training modules and the way the system of training and practice is built: role-playing games, theory, discussions. Each person expresses himself/herself. I have become a leader for other vulnerable women, I try to help them and engage them in such events.” Feruza Amadalieva is a regular participant of many BDK events, she invites the BDK lawyers to provide legal advice to vulnerable women.

NURIZA TALANTBEK KYZY

NURIZA TALANTBEK KYZY

I became confident

In summer of 2019, Nuriza Talantbek kyzy took an active part in conducting regional screenings of documentaries, helped with organizational issues during the campaign dedicated to the International Day in Support of Victims of Torture, participated in trips, and did the TOT on women's leadership. She used to be a migrant, worked for an NGO in Osh, and now works in Bishkek in the service industry. She calls her participation in the TOT “an invaluable experience”: “I first attended such an event, and received exactly the information that I needed, for which I am sincerely grateful to the facilitators. I experienced very difficult issues in my life, and thanks to that knowledge, I was able to overcome them, I persevered! After the TOT, I became more confident, began to better understand the essence of human rights, and learned to defend my interests.”

SHUKURULLO KOCHKAROV

SHUKURULLO KOCHKAROV

The defendant has passed away. The work on his rehabilitation continues.

The case of Shukurullo Kochkarov shows that work on complex cases continues for many years. After the torture he was subjected to in 2010, he became disabled. We managed to get acquittal on one of the charges; the work is ongoing on achieving his rehabilitation and recognition as a victim of torture in order for compensation to be paid. Trials continue without Shukurullo Kochkarov - he died on 2 August 2019. His interests are represented by his father, Saidaziz Kochkarov, who also has a visual disability. “For many years, we have been supported by the employees of BDK, they have been handling the case of my son, they brought him to court because he couldn’t walk on his own, they constantly help our family: my wife and I underwent rehabilitation, they have helped my son by providing him with medicines, they provide all kinds of help”.

DILYOR JUMABAEV

DILYOR JUMABAEV

Comprehensive support for victims of torture

Resident of the Kara-Suu district, Dilyor Jumabaev, has extensive experience in dealing with law enforcement agencies. In 2010, he was accused of possessing firearms, and thanks to the work of lawyers, he was acquitted. Two years later, his house was first searched in order to find materials of an extremist nature, but nothing was found. In 2014, he was accused of possessing extremist materials. In court, the prosecutor requested 15 years in prison; the court sentenced him to 6 years. A few years later he was released on parole. “I am grateful to the lawyers of BDK for their expert legal assistance. I participated in a rehabilitation program for victims of torture. When I encounter violations, I recommend contacting this organization.”

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