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Year
No. 20 (20) December 2005
No. 19 (19) December 2005
No. 18 (18) November 2005
№ 17 (17) November 2005
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№ 15 (15) October 2005
No. 14 (14) September 2005
No. 13 (13) September 2005
12 (12) August 2005
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No 1 (1) March 2005
THE AUTHORS
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Oleg Panfilov,
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panfilov[at]cjes.ru

Dmitry Alyaev,
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alyaev[at]cjes.ru

Roman Zyuzin,
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webmaster [at] cjes.ru

Adil Dzhalilov,
Kazakhstan,
adild[at]list.ru

a diamond stylus,
Kyrgyzstan,
citizen2005[at]yandex.ru

Nargis Zokirova,
Tajikistan
zokirova77 [at] mail.ru

Representative Names
in Uzbekistan and Turkmenistan
not disclosed

Lyudmila Burenkova,
technical editor,
lyuda [at] cjes.ru

Elena Dorokhova,
design,
inwork[at]frw.ru
Every 300th citizen of Kyrgyzstan is in prison
Wave Namatbaeva
KYRGYZSTAN

About ten thousand citizens of Kyrgyzstan may fall under the amnesty if the new law is signed by the president of the country. The prosecutor general of Kyrgyzstan speaks against the amnesty. If this bill is passed, 10,124 people will be able to go free, and more than 800 will shorten the time. According to Deputy Minister of Justice Emil Orozov, people convicted of minor crimes will be released. This is the fifteenth amnesty in the country since 1991.

As of today, over 16,800 people are in prison. There are 3.5 thousand prisoners in the SIZO, over 14 thousand in the colonies-settlements. Kyrgyzstan is among the top ten countries with one of the highest levels of criminalization of society. In this regard, it can be noted that every 300th citizen of Kyrgyzstan is “behind bars”.

In the new bill there is a reservation that those who had previously been pardoned and already got amnesty, will remain in prison this time until the end of the term of imprisonment. Patients with sexually transmitted diseases and tuberculosis who are under amnesty will be released only after complete cure. According to statistics, 2.5 thousand prisoners suffer from tuberculosis, more than 12% use drugs.

Communist MP Iskhak Masaliyev believes that if this law is signed by the president, then criminal cases will be dismissed against a number of officials. According to the Prosecutor General of Kyrgyzstan, three criminal cases are being investigated against Aidar Akaev (extortion, coercion of an unprofitable deal, illegal legalization of funds). Of these, at least two will be terminated under an amnesty. But, according to Masaliev, the president will not sign the law, this document is still too raw. For his part, Parliament Speaker Omurbek Tekebayev proposes refusing amnesty to persons who have committed official misconduct.

The term of application of amnesty is substantially limited. Courts, investigators, and penitentiary workers will be able to use it only for three months. The law was supposed to be signed on July 10, but since at that time it was not clear de jure who the president of the country was, the new bill on amnesty still had no legal force.

Deputy Alisher Sabirov, the developer of this bill, says: “In accordance with the Constitution of Kyrgyzstan, the country's parliament adopts an act of amnesty. This is a manifestation of an act of humanity on the part of the state and almost every year the parliament adopts such a document. Regarding perpetrators of misconduct, MP Sabirov said: “Such persons will be released under certain conditions. The first is if material damage to the state is compensated. Secondly, if they do not fall under the grave articles, such as murder, rape, theft, drugs. Thirdly, if earlier an amnesty was applied to them, but they again committed crimes, then, subject to compensation for material damage, they can be released. ”

All these disputes around the new draft law on amnesty appeared after it became known that the current figures in high-profile corruption cases, which are being investigated after the events of March 24, could fall under it. Among these figures are members of the family of ex-President Akaev. This is what MP Sabirov says: “Now I can’t say for sure on which articles of the charges against Aydar Akayev, because a deputy commission has not yet been established to consider all these materials. It is very difficult to say now whether he will be amnestied or not. ”

The most piquant in this situation is that the amnesty is timed to the 60th anniversary of the Victory, despite the fact that its announcement coincided with the end of the presidential election in the country on July 10.

Among politicians there are those who, without politicizing the situation around the bill, emphasize other aspects of this problem. Thus, MP Rashid Tagayev believes: “There are flaws in any law, which are then constantly improved. I think that it was necessary to carry out such a law. Now in prisons for minor violations sits a lot of people. For example, for stealing a chicken or for a fight. I think that, having got there, they made the appropriate conclusions for themselves. 720 people in zones committed less serious crimes. ”

It is noteworthy that the same law, but with a clearer wording, was adopted in Georgia. Georgian President Mikhail Saakashvili signed the law “On Amnesty and Legalization of Undeclared Tax Liabilities and Property”. According to this law, in all investigative bodies the proceedings are terminated, and in the courts - their consideration in relation to those persons who committed economic crimes before January 1, 2004. At the same time, persons who are currently serving him for such crimes are exempt from punishment.

The whole snag of the problem is that, as mentioned above, members of the family of ex-President Akayev and his entourage can touch the new bill, which causes sharp resentment of a number of opposition politicians and public organizations. Everyone is waiting for what the president of the country will say, who since July 10 has become the legally elected head of state.
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