Kyrgyzstan Justice - The Times Of Central Asia

Viewing results 19 - 24 of 27

Kyrgyzstan Wins ICC Case Against Kazakh State Gas Company

Officials at the International Chamber of Commerce's (ICC) International Court of Arbitrations in Paris, France, have ruled unanimously ruled in favor of the Kyrgyz Republic in a case brought by Kazakhstan's state natural gas company QazaqGaz that sought $35 million, according to the Ministry of Justice of the Kyrgyz Republic. The Kazakh company's claim was filed in 2020. QazaqGaz had originally sought $35 million during the arbitration proceedings, but later reduced its claims to $15 million by waiving its claim to lost profit. The claims against the Kyrgyz government were based on "expropriation and other violations of the claimant's rights." In 2004, QazaqGaz, together with the Kyrgyz national gas operator, JSC Kyrgyzgaz, established a joint venture (JV) for the purpose of modernizing and operating the Kyrgyz section of the Bukhara-Tashkent-Bishkek-Almaty gas trunk-line. Under the agreement, the Kyrgyz gas operator transferred its share of the gas pipeline to the new JV. The investment agreement called for pipeline modernization, but later the contract was terminated by mutual consent. The Kazakh company then made claims based on three legal instruments: the Kyrgyz-Kazakh intergovernmental agreement on the promotion and protection of investments; the International Energy Charter, which includes substantive guarantees for the protection of foreign investments; and the Kyrgyz Republic's law on investments, which protects investors coming into the country. "The arbitration tribunal agreed with the Kyrgyz Republic's argument on the expiration of the statute of limitations on the plaintiff's claims arising from the Law on Investments in the Kyrgyz Republic and considered them inadmissible," the Kyrgyz Ministry of Justice said in a statement. It's worth noting that according to Kyrgyz law, the statute of limitations is three years from the moment the claimant discovered the violation of their rights. The International Arbitration Court rejected the claim on two other legal instruments. According to the Kyrgyz Ministry of Justice, the arbitration panel agreed with the defendant's argument that the actions of Kyrgyzgaz - which allegedly violated the rights of the plaintiff - cannot be attributed to the Kyrgyz Republic under the rules of international law on state responsibility. Therefore, the Kyrgyz Government cannot be held liable for the actions of Kyrgyzgaz in allegedly wrongfully terminating the contract. The International Arbitration Court ordered the Kazakh company to reimburse the Kyrgyz side for 60% of its arbitration costs. The decision can be appealed within one month. KyrgyzGaz is now called Gazprom Kyrgyzstan, and is owned by the Russian state gas company.

Kyrgyzstan Justice Kyrgyzstan Life & Culture Kyrgyzstan Kyrgyzstan Local Politics Kyrgyzstan Features

Despite Protests, Kyrgyz President Signs Bill Amending National Flag

On December 22nd, the President of the Kyrgyz Republic, Sadyr Japarov, signed a bill modifying the national flag, following its final approval by lawmakers two days prior. The legislators had noted that the depiction of yellow rays on a red field in the old flag resembled a sunflower. They proposed amendments to "straighten" the sunrays to create an image more closely resembling the sun. Several rallies protesting the change have been held since the proposal in October. Also on December 22nd, Human Rights Watch (HRW) urged the Kyrgyz authorities to drop all charges against activist Aftandil Jorobekov, and to release him after he was arrested for openly protesting changes to Kyrgyzstan's national flag and charged with calls for mass disorder and civil disobedience. In a statement, HRW said that the charges brought against Jorobekov "violate his freedom of expression and right to peaceful assembly." "Jorobekov should not be facing criminal prosecution for opposing a government initiative or calling for peaceful protests, which are protected forms of expression,” HRW's Central Asia researcher, Syinat Sultanalieva, said. “The Kyrgyz authorities should drop the charges and release Jorobekov immediately.” The 39-year-old activist was detained on December 7th, a day after he voiced his disapproval of the bill and announced his plan to hold a peaceful protest in Bishkek's Gorky Park on December 9th. "Criticizing the government and calling for peaceful protest is not the equivalent of stoking mass unrest, and it is certainly not criminal," Sultanalieva said. "The Kyrgyz authorities should drop this absurd case against Jorobekov, and uphold his right to free speech and peaceful assembly." Meanwhile, many politicians, activists, and public figures in Kyrgyzstan continue to question the idea to change the national flag. Prominent Kyrgyz athlete and two-time world wrestling champion Jolaman Sharshenbekov wrote on Twitter on December 21st that he will continue raising the country’s old national flag at international tournaments and competitions. The head of the country's State Committee of National Security, Kamchybek Tashiev, immediately commented on Sharshenbekov's post, threatening unspecified repercussions for athletes who "even try" to raise anything other than the amended national flag at sports events. "The law is adopted, and we, the citizens, must obey," Tashiev wrote.

Kyrgyzstan Justice Kyrgyzstan Kyrgyzstan Business & Economy Kyrgyzstan Home

President Speaks about Fighting Corruption, New Trade Routes in Eurasia

On December 15th, President Sadyr Japarov addressed the second People’s Kurultai, a national assembly of representatives of the public, to discuss current issues of national importance and develop joint proposals to promote reforms. In his speech, the President laid particular emphasis on the fight against corruption. “Corruption is a social evil not only of our people, but of all countries of the world. Because of corruption, our country did not develop for almost 30 years, only a few people became rich, and the common people lived in poverty. Currently, anti-corruption measures are in full swing. Billions of dollars are being returned to state coffers,” Japarov said, adding that a war is also being waged against organized criminal groups. “No investor will invest money in a country with criminal elements. In addition, some officials continue to obstruct investors and engage in bribery and lobbying. All these phenomena harm the image of the country. In this regard, the merciless fight against corruption will continue and intensify,” the President promised. President Japarov also touched upon the topic of new trade routes for Kyrgyzstan. “Kyrgyzstan is located on a unique trade route — the Great Silk Road between Europe and Asia. Occupying a convenient geographical location on trade routes, our country can become a bridge between East and West. For this purpose, a new multimodal transport route, the ‘Southern Corridor’ is being developed. In addition, work is underway to open a southern air corridor, which will strengthen air traffic between Kyrgyzstan and China, and connect the airports of Osh and Kashgar. “At the same time, construction of the China–Kyrgyzstan–Uzbekistan railway will begin in the near future. The pilot project for transporting cargo containers in transit by rail from China to Afghanistan via Kyrgyzstan and Uzbekistan will continue. The issue of launching a pilot container train linking Iran–Turkmenistan–Uzbekistan-Kyrgyzstan is also being considered. I am confident that these initiatives and ongoing projects will allow Kyrgyzstan to reach a new level of transport and logistics communication with the outside world,” President Japarov concluded.

Kyrgyzstan Justice Kyrgyzstan Life & Culture Kyrgyzstan Kyrgyzstan Home

Civil Liberties Worsening in Kyrgyzstan Says Civicus Monitor

This year, Kyrgyzstan became one of the seven countries whose annual ranking in terms of civil liberties worsened. This is according to the report, "People's Power under Attack - 2023" published by global civil society alliance, Civicus Monitor. The methodology applied by Civicus Monitor sees countries divided into five categories depending on the points scored: countries with open (free) civil space, narrowed (freedoms are partially limited), partially closed (oppressive civil liberties), suppressed and closed. Kyrgyzstan scored 40 out of 100 points, and was therefore classified as a State with a suppressed (repressed) civil space. Since 2018, the republic has been included in the category of countries with a partially closed civil space. The reasons for this downgrade were the promotion of draft laws restricting the activities of NGOs and the media, increased pressure on independent media, criminal prosecution of civil society activists, journalists and other critics of the government, and long-term ban on peaceful assemblies in the central districts of Bishkek. Neighbors in the region also received relatively low ratings, with Turkmenistan (8 points), Tajikistan (12 points) and Uzbekistan (18 points) classified as countries with a closed civil space, whilst Kazakhstan (27 points) was classified as a state with a suppressed civil space. According to the authors, almost a third of humanity now lives in countries with a closed civil space. This is the highest percentage (30.6%) living in the most restrictive environment since the first Civicus Monitor report in 2018. Only 2.1% of people live in open states where civil space is both free and protected. This is half as much as six years ago, the report says.

Kyrgyzstan Justice Kyrgyzstan Life & Culture Kyrgyzstan International Affairs Kyrgyzstan Kyrgyzstan Local Politics Kyrgyzstan Business & Economy Kyrgyzstan Home

Kyrgyzstan: EU Holds Training Workshops on Sanctions Against Russia

As reported by the press and information team of the Delegation of the European Union to the Kyrgyz Republic, on November 9th and 10th, the European Union organized training workshops in Bishkek, Kyrgyzstan on EU sanctions against Russia, with support from the International Science and Technology Center (ISTC), and the Association of Certified Sanctions Specialists (ACSS). The primary aim of the workshops was to raise awareness of EU sanctions and their application, and to prevent possible circumvention of these measures. On the 9th, the meeting saw government officials gather, whilst the second day was dedicated to a workshop which targeted private operators in Kyrgyzstan interested in improving their awareness of EU sanctions. “I am delighted that so many people from the Kyrgyz authorities and the private sector chose to attend the EU Sanctions Training Seminar this week”, said the acting Head of the EU Delegation to Kyrgyzstan, Ms Lene Volkersen. “It has been great to witness the strong Kyrgyz interest in understanding how EU sanctions work. The ultimate goal of the EU’s sanctions against Russia is to undermine its ability to continue waging war against Ukraine, and we welcome that Kyrgyzstan is not willing to be used as a platform for sanctions circumvention. We look forward to continuing this dialogue with government authorities, as well as private sector”. The training workshops were conducted by a team of EU representatives and sanctions experts, and consisted of presentations and interactive question and answer sessions.

Kyrgyzstan Justice Kyrgyzstan Kyrgyzstan Local Politics

Jailed Former Minister’s Son Extradited from Turkey

The Kyrgyz State Committee of National Security announced on October 17 that Kemelbek Kutmanov, the son of incarcerated former Natural Resources Minister Dinara Kutmanova, has been extradited from Turkey to face corruption charges, according to RFE/RL’s Kyrgyz Service. Kyrgyz President Sadyr Japarov had disclosed in July that Kutmanov was detained in Turkey at the request of Bishkek, linking him to alleged misappropriation of funds at the Kumtor gold mine. Kutmanov, suspected of involvement in the embezzlement, is the son of Dinara Kutmanova, who held the position of natural resources minister from May 2021 until March of the current year. She herself was arrested in July on suspicion of participating in the embezzlement, an accusation she has denied.