Rule of law - The Times Of Central Asia

Viewing results 1 - 6 of 157

Rule of law

As Kazakhstan Marks Constitution Day, What Does the Occasion Really Symbolize?

Kazakhstan marks Constitution Day on August 30, an event inaugurated by the country’s second and current president, Kassym-Jomart Tokayev. The day has taken on a new meaning since the events of January 2022, when a violent coup-attempt challenged Tokayev’s authority and caused deadly destruction in the nation. Since then, the country has adopted various democratic and economic reforms. Most significantly, key amendments to the country’s constitution were adopted following a national referendum in 2022. One of the main changes was to limit the president’s time in office to a single seven-year term and banning consecutive terms. In 2022, Tokayev was re-elected under the new rules and his presidential term will now expire in 2029. The first constitution of independent Kazakhstan was adopted in January 1993 and was based on the model of a parliamentary republic. It incorporated laws on sovereignty, the independence of the state, the Kazakh language as the state language, the president as head of state, and identified the country’s judicial bodies as the Supreme Court, Constitutional Court, and Higher Arbitration Court. The current constitution was then adopted on 30 August 1995 through a national referendum. It was amended in 1998, 2007, 2011, 2017, and 2019. The most significant changes, however, took place in the above-mentioned referendum after the mass unrests of January 2022. On May 5, 2022, Tokayev announced a referendum on amendments “to transition to a new state model, a new format of interaction between the state and society … from a super-presidential form of government to a presidential republic with an influential parliament and an accountable government.” The referendum was held on June 5, 2022, and 77% of the people supported the changes. Overall, 33 articles of the current constitution were amended. Today’s celebrations mark this new and improved constitution that represents a significant step in the path forward for Tokayev’s New Kazakhstan

Legislation

Uzbekistan Brings Home Citizens Convicted Abroad

On August 13, Uzbekistan amended its Code of Criminal Procedure to compel Uzbekistan's citizens who have been imprisoned for crimes in certain foreign countries to serve the rest of their sentences in Uzbekistan. Uzbekistan has so far signed agreements with only 10 countries for imprisoned persons to be transferred to prisons in Uzbekistan to continue serving their sentences. According to Sherzod Tokhtashev, a politician from the government-aligned Miliy Tiklanish (National Revival) party, this law does not concern Uzbeks currently imprisoned in Russia. He did however mention that there are separate appeals in parliament to return Uzbek nationals convicted of crimes in Russia to domestic jails. At the same time, there are also calls for these prisoners' families to be brought home. “We receive requests to return children and relatives of Uzbeks from Russian prisons to Uzbekistan. Due to the lack of an agreement with Russia on the exchange of prisoners, everyone is helpless,” said Tokhtashev. According to Uzbek government, 20 citizens of Uzbekistan are currently serving terms in Italy, 250 in Turkey, and more than 450 in Kazakhstan.

Rule of law

Nazarbayev’s Nephew Returns $1.6 Billion to Kazakhstan Following Embezzlement Conviction

Kazakhstan's Anti-Corruption Service has completed an investigation into the case of Kairat Satybaldyuly, the nephew of former president Nursultan Nazarbayev. Following the investigation, around 733 billion KZT ($1.6 billion) worth of assets have been returned to the state. In September 2022, Satybaldyuly was sentenced to six years in prison for embezzling funds, and causing damage to companies such as Kazakhtelecom and CTC. In 2023, the investigation was expanded to look into into other crimes that he committed. The full investigation revealed numerous cases of legalization of illegal income and evasion of customs duties. Satybaldyuly pleaded guilty and cooperated with the investigation, allowing the return of assets in Kazakhstan and abroad. Most assets were found in Austria, Liechtenstein, the UAE, and Turkey. The recovered assets included 28.8% of shares of the national telecom operator Kazakhtelecom, assets of CTC JSC, and stakes in four companies. The state has also recovered 115 real estate objects in Kazakhstan, including buildings, apartments, and land plots. The returned assets include luxury real estate and jewellery confiscated in various countries.

Kyrgyzstan Security Rule of law Legislation Social Women's rights gender violence

Kyrgyzstan Strengthens Protection From Family, Sexual, and Gender Violence

The President of the Kyrgyz Republic, Sadyr Japarov has signed a law aimed at strengthening the protection of its citizens from family, sexual, and gender violence. The law provides for amendments to several legislative acts and aims to provide comprehensive assistance to victims of various forms of violence. A key objective is to ensure victims' access to justice and protect their rights and interests. The law is being adopted due to the alarming situation with the level of family and gender violence in Kyrgyzstan. In 2021, more than 10,000 cases were registered, but only 2.5% of them proceeded to court. In 2023, the number of cases increased to 11,000, and 95% of the victims were women. The increasing number of such incidents and the lack of protection for victims necessitated a review of the relevant legislation. The new law is designed to address gaps in legal protection for victims and create stricter measures to punish perpetrators.

Security Rule of law Uranium

Uranium Lawsuit Against Kyrgyz Government To Be Considered in Washington, D.C.

A case against the Kyrgyz authorities will be heard in Washington, D.C. in November 2024. At the end of 2022, International Mining Company Invest Inc. - which is headquartered in the U.S. - filed a lawsuit in international arbitration, accusing the Kyrgyz authorities of illegally expropriating investments. The company estimated its losses at $63 million. In 2009, International Mining Company Invest Inc. received the right to use subsoil for geological exploration. In 2013, the country's authorities issued a license to the foreign company to search for uranium and other metals at one more site. International Mining Company Invest Inc. carried out work in three regions of the republic; however, in 2019, a moratorium on exploration and development of uranium and thorium deposits was introduced. The company lost its license and initiated arbitration proceedings at the International Center for Settlement of Investment Disputes. Speaking at a press conference in Bishkek, Kyrgyz Justice Minister Ayaz Baetov said the case will be heard in international arbitration in Washington in November 2024. "The so-called uranium moratorium was the reason for this case's emergence. The case is now being considered. We have our arguments; they have theirs," the official stated. The previous authorities imposed a moratorium on the mining and exploration of uranium and thorium deposits; the new administration lifted the ban, but announced that Kyrgyz companies would develop the deposits.

Security Rule of law

Ex-Chairman of Kazakhstan’s KNB Denied Pardon

President of Kazakhstan Kassym-Jomart Tokayev has refused to pardon the ex-head of the National Security Committee (KNB) Karim Massimov, who in 2023 was convicted of treason and the attempted seizure of power. This information was reported to Informburo.kz by the Presidential Administration. On June 27, the Commission on Pardons considered the petition for Massimov's pardon under the President of the Republic of Kazakhstan. The Presidential Administration responded to Informburo.kz, stating that "following the results of the study about the possibility of applying an act of pardon to Massimov, the Commission made a corresponding proposal to the Head of State, with which he agreed." Karim Massimov was detained during the events of January 2022. The criminal case against him was assigned "top secret". In late April 2023, a court in Astana sentenced Massimov to 18 years in prison for treason, the attempted violent seizure of power, abuse of power, and abuse of authority.