OSCE/ODIHR-Venice Commission Preliminary Joint Opinion on the Draft Law on Introduction of Changes and Amendments to the Constitution of the Kyrgyz Republic

The Draft Amendments propose changes to constitutional provisions on the status of international human rights treaties and their position in the hierarchy of norms, the separation of powers, the dismissal of members of Cabinet, the manner of appointing/dismissing heads of local state administration, the independence of the judiciary and of judges as well as the roles of the Supreme Court, and of the Constitutional Chamber, among others. The OSCE/ODIHR and the Venice Commission note that the proposed amendments to the Constitution may negatively impact the balance of powers by strengthening the powers of the executive, while weakening both the parliament and, to a greater extent, the judiciary. In particular, although the Constitutional Chamber is retained as such, the Draft Amendments would seriously affect its institutional status and role as an effective organ of judicial constitutional review. Moreover, some of the proposed amendments raise concerns with regard to key democratic principles, in particular the rule of law, the separation of powers and the independence of the judiciary, and have the potential to encroach on certain human rights and fundamental freedoms.