Identifier
Created
Classification
Origin
07BISHKEK633
2007-05-30 06:07:00
CONFIDENTIAL
Embassy Bishkek
Cable title:
KYRGYZ CONSTITUTIONAL COURT REVIEWING ATAMBAYEV
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C O N F I D E N T I A L SECTION 01 OF 02 BISHKEK 000633
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/30/2017
TAGS: PGOV PREL KDEM KG
SUBJECT: KYRGYZ CONSTITUTIONAL COURT REVIEWING ATAMBAYEV
CONSTITUTION
BISHKEK 00000633 001.2 OF 002
Classified By: Ambassador Marie L. Yovanovitch, Reason 1.4 (b) and (d)
C O N F I D E N T I A L SECTION 01 OF 02 BISHKEK 000633
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/30/2017
TAGS: PGOV PREL KDEM KG
SUBJECT: KYRGYZ CONSTITUTIONAL COURT REVIEWING ATAMBAYEV
CONSTITUTION
BISHKEK 00000633 001.2 OF 002
Classified By: Ambassador Marie L. Yovanovitch, Reason 1.4 (b) and (d)
1. (C) SUMMARY: Despite parliamentary criticism that the
Constitutional Court is purposefully slowing the review of PM
Atambayev's draft constitution, Constitutional Chairperson
Cholpon Bayekova has assured us that the review process is
underway, and could be finalized well before the fall. She
noted, however, that the Parliament had not reviewed the
draft in a first reading, as required. This could cause the
Court to return the document to Parliament for a first
reading, but the Court is still reviewing the draft and has
made no decisions yet. END SUMMARY.
COURT REVIEWING DRAFT; POSSIBLE PROCEDURAL ERROR
-------------- ---
2. (C) In a meeting with the Ambassador May 24,
Constitutional Court Chair Cholpon Bayekova said that the
draft constitution submitted by PM Almaz Atambayev is being
examined, and believed that the Court could formulate its
final opinion well before the fall. Once the Court has
finalized its review, according to Bayekova, the draft will
be submitted to Parliament for further evaluation. She added
that no additional amendments to the draft constitution can
be implemented during parliament's review in the second
reading.
3. (C) She also noted that there has already been a
significant anomaly in the process, as the constitution must
be approved in two readings. Instead, Speaker of Parliament
Murat Sultanov forwarded the draft to the Court without a
first reading and has publicly suggested the Parliament could
make changes after the Court's review. When asked, she said
it is possible the Court would return Atambayev's draft to
the Parliament without comment for a first reading.
CONFLICTS WITH PARLIAMENT
--------------
4. (C) Bayekova dismissed opposition MP Azimbek Beknazarov's
claim that she is blocking the appointment of Parliament's
representative to the Court, Isa Omurkulov, by insisting that
Omurkulov's selection is put in writing. She also questioned
Speaker of Parliament Murat Sultanov's suggestion, in support
of Beknazarov's claim, that a parliamentary decree could be
made to push the appointment through. Bayekova suspected
that Sultanov may not have wanted to give the opposition
cause to turn against him, by not showing a sign of legal
support to Beknazarov. She also said that Beknazarov's
accusations would not sway her from sticking to the letter of
the law, adding that neither she, nor the Court, was in
"anyone's pocket."
5. (C) Bayekova denied the rumors that the Court may review
the November and December 2006 constitutions and declare them
both invalid, creating an opening for the President to
dissolve Parliament. Bayekova stressed the need to adhere to
international standards of human rights and democratic norms
as the constitution develops. Bayekova also confirmed her
trust in all of the Court justices, and was confident in
their ability to make wise, studious decisions.
COMMENT
--------------
6. (C) With a weakened opposition, comments like MP
Beknazarov's could be a new tactic to increase the
opposition's influence over the Constitutional Court's review
process. Bayekova's insistence that procedural regulations
be followed may, in fact, invite further criticism of the
Court's work by those who have a different agenda. While
BISHKEK 00000633 002.2 OF 002
Bakyekova's account is self-serving, we hold out hope that
Bayekova and her peers will be able to keep the process
moving along in a constitutional and timely manner.
YOVANOVITCH
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/30/2017
TAGS: PGOV PREL KDEM KG
SUBJECT: KYRGYZ CONSTITUTIONAL COURT REVIEWING ATAMBAYEV
CONSTITUTION
BISHKEK 00000633 001.2 OF 002
Classified By: Ambassador Marie L. Yovanovitch, Reason 1.4 (b) and (d)
1. (C) SUMMARY: Despite parliamentary criticism that the
Constitutional Court is purposefully slowing the review of PM
Atambayev's draft constitution, Constitutional Chairperson
Cholpon Bayekova has assured us that the review process is
underway, and could be finalized well before the fall. She
noted, however, that the Parliament had not reviewed the
draft in a first reading, as required. This could cause the
Court to return the document to Parliament for a first
reading, but the Court is still reviewing the draft and has
made no decisions yet. END SUMMARY.
COURT REVIEWING DRAFT; POSSIBLE PROCEDURAL ERROR
-------------- ---
2. (C) In a meeting with the Ambassador May 24,
Constitutional Court Chair Cholpon Bayekova said that the
draft constitution submitted by PM Almaz Atambayev is being
examined, and believed that the Court could formulate its
final opinion well before the fall. Once the Court has
finalized its review, according to Bayekova, the draft will
be submitted to Parliament for further evaluation. She added
that no additional amendments to the draft constitution can
be implemented during parliament's review in the second
reading.
3. (C) She also noted that there has already been a
significant anomaly in the process, as the constitution must
be approved in two readings. Instead, Speaker of Parliament
Murat Sultanov forwarded the draft to the Court without a
first reading and has publicly suggested the Parliament could
make changes after the Court's review. When asked, she said
it is possible the Court would return Atambayev's draft to
the Parliament without comment for a first reading.
CONFLICTS WITH PARLIAMENT
--------------
4. (C) Bayekova dismissed opposition MP Azimbek Beknazarov's
claim that she is blocking the appointment of Parliament's
representative to the Court, Isa Omurkulov, by insisting that
Omurkulov's selection is put in writing. She also questioned
Speaker of Parliament Murat Sultanov's suggestion, in support
of Beknazarov's claim, that a parliamentary decree could be
made to push the appointment through. Bayekova suspected
that Sultanov may not have wanted to give the opposition
cause to turn against him, by not showing a sign of legal
support to Beknazarov. She also said that Beknazarov's
accusations would not sway her from sticking to the letter of
the law, adding that neither she, nor the Court, was in
"anyone's pocket."
5. (C) Bayekova denied the rumors that the Court may review
the November and December 2006 constitutions and declare them
both invalid, creating an opening for the President to
dissolve Parliament. Bayekova stressed the need to adhere to
international standards of human rights and democratic norms
as the constitution develops. Bayekova also confirmed her
trust in all of the Court justices, and was confident in
their ability to make wise, studious decisions.
COMMENT
--------------
6. (C) With a weakened opposition, comments like MP
Beknazarov's could be a new tactic to increase the
opposition's influence over the Constitutional Court's review
process. Bayekova's insistence that procedural regulations
be followed may, in fact, invite further criticism of the
Court's work by those who have a different agenda. While
BISHKEK 00000633 002.2 OF 002
Bakyekova's account is self-serving, we hold out hope that
Bayekova and her peers will be able to keep the process
moving along in a constitutional and timely manner.
YOVANOVITCH