Kyrgyzstan Urged to Strengthen Integrity and Independence of Judiciary
The Organisation for Economic Co-operation and Development (OECD) has expressed concerns about the lack of sufficient guarantees of independence and effective tools to promote integrity in Kyrgyzstan’s judicial framework.
Lack of Judicial Independence Compromises Fairness
According to the OECD, the excessive role played by political bodies in the organization of the judiciary and prosecution systems in Kyrgyzstan compromises the judiciary’s role in fighting corruption. This lack of independence raises questions about the legitimacy of its decisions. A recent example is the eight-year prison sentence handed down to opposition leader Omurbek Tekebaev, who was accused of receiving bribes from a Russian businessman. Critics have dubbed the verdict as politically motivated and aimed at preventing Tekebaev from participating in the 2017 presidential elections.
High Perceptions of Corruption within the Judiciary
Perceptions of corruption within the Kyrgyz judiciary are high, with:
- 28% of citizens believing all judges and magistrates to be corrupt
- 34% believing most of them are
This is among the highest levels of corruption perception in Asia, according to Transparency International’s 2016 survey.
Obstacles for Doing Business
The lack of judicial independence has also been identified as a major obstacle for doing business in Kyrgyzstan. The country was ranked 102 out of 137 countries in the World Economic Forum’s Global Competitiveness Index.
Reforms and Efforts to Improve Transparency and Accountability
In an effort to improve transparency and accountability, the Kyrgyz government committed to:
- Modernizing the publication of judicial decisions through its Open Government Partnership (OGP) action plan
- Initiating reforms on asset declaration for public officials
However, questions remain about the effectiveness of these measures.
OECD Recommendations for Improvement
The OECD has called for improvements in:
- Public procurement
- Whistleblower protections
- Conflict of interest regulations
While some progress has been made, further efforts are needed to ensure that Kyrgyzstan complies with international standards.
Positive Developments
In a positive development, President Jeenbekov signed a bill into law in May 2019, allowing for former presidents to be prosecuted. This is seen as an important step towards combating impunity and political corruption.
Way Forward
As the country continues to grapple with these issues, it remains to be seen whether meaningful reforms will be implemented to address the widespread perception of corruption within the judiciary and other areas of government.