KYRGYZSTAN: Promotion of the respect of Rule of Law with particular emphasis on Transparency and Accountability

Main objectives:

The Kyrgyz Government has put the strengthening of the Rule of Law at the top of its political, economic and social agenda. The EU funded project “Promotion of the respect of Rule of Law in Kyrgyzstan with particular emphasis on Transparency and Accountability” has supported this focus. The overall objective of this project was to support the reform of the justice system in the Kyrgyz Republic by promoting transparency, accountability and anti-corruption measures. The project worked together with a broad range of beneficiaries such as the Ministry of Justice (MoJ), the Parliamentary Committees, the Ombudsman, the Chamber of Accounts, judges, the Prosecutor’s Office, defense lawyers, civil society and the media.

As Austrian partner in a consortium composed of EU Member States under the lead of the German GIZ, the Ludwig Boltzmann Institute of Fundamental and Human Rights (LBI-GMR) was responsible for implementing specific project activities related to Human Rights under Component 1 “Enhancing the Capacity and Effectiveness of Oversight Mechanisms”. Component 1 was geared to strengthening capacities and increasing the efficiency of control and supervisory functions of relevant State institutions: Parliamentary Committees, the Ombudsman Institution (OI) and the General Prosecutor’s Office (GPO). It consisted of an analysis of the institutional prerequisites and legal foundations of the supervisory functions of the above mentioned institutions. This analysis formed the basis for the drafting of recommendations concerning legal reforms as well as the development of measures for increasing the capacities and the coordination of the tasks and activities of these institutions.

This refers to comprehensive analyses of the workflow of institutions like the OI in the field of complaints handling, followed by recommendations, on the job training and joint workshops on the improvement of capacities in the said areas as well on referral mechanisms between institutions like GPO, OI and Parliament. Since GPO and OI were the institutions with the highest number of citizen’s complaints, a focus was laid on them. Based on the elaborated Report on handling complaints, which identified gaps and overlaps, GPO and OI have made steps to clarify their respective mandates.

Main activities:

• Comprehensive review of the complaints handling procedures and recommendations developed for OI
• Improving the capacity of OI’s mid-level management to conduct effective public awareness campaigns through development of Public Legal Awareness (PLA) materials for OI and MoJ
• Assessment of GPO workflows of communication department and development of recommendations on the draft communication strategy towards a modernized citizen-oriented communication policy
• Providing mentoring on effective communication for the staff members of the prosecution authorities
• Elaboration of the new GPO website
• Training for 120 GPO prosecutors and investigators on investigating and prosecuting torture allegations
• Commitment of the GPO to the implementation of the Istanbul Protocol on effective investigation and documentation of torture (position expressed at the Conference on Istanbul Protocol co-organized by LBI-GMR with the EU funded project “Support to the Consolidation of National Efforts for the Prevention of Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and in the Fight Against Impunity in the Kyrgyz Republic“)
• Study tours to Austria, Latvia, Estonia: exchange with Ombudsman Institutions (NHRI), Parliament Human Rights Committee and other human rights agents
• Roundtables with human rights defenders on the role of women in the democratic process and on interaction of authorities with the civil society in the sphere of human rights
• High level policy meetings
  • on the future of the OI with a focus on complaints handling;
  • on joint efforts of state bodies and civil society for torture prevention
  • on prospects of improving complaints and communications handling by state bodies in the Kyrgyz Republic

Please find further information on the implementation of the project here:

Austrian experts Roland Miklau and Nina Radović at Round Table on Torture Prevention (June 2017)

More than 200 experts discussed how to improve torture investigation and documentation in Bishkek, Kyrgyzstan (September 2016)

Kyrgyz General Prosecutor’s Office Delegation visiting Latvia (June 2016)

Visit of High Level Delegation from Kyrgyzstan to Vienna (April 2016)

Continuation of successful cooperation with Kyrgyz partners in EU Rule of Law project (September 2015)

1st Steering Committee Meeting Kyrgyzstan Rule of Law Project chaired by Minister of Justice A.Shykmamatov (November 2014)

Follow-up project:

Since May 2018 the LBI-GMR has been continuing its successful cooperation with the Kyrgyz and international partners in a follow-up project. The Rule of Law Programme in the Kyrgyz Republic – 2nd phase (ROLPRO 2) strives to further strengthen both the capacity of institutions to deliver and the capacity of citizens to claim their rights.