Postcard from Bishkek

An ombudsman is an official charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.  The word comes originally from the Old Swedish “umbudsmann” meaning representative, and the first official use of the term seems to date from a 1241 Danish Law.  The modern use of the term began in Sweden, with the Swedish Parliamentary Ombudsman instituted in 1809, to safeguard the rights of citizens by establishing a supervisory agency independent of the executive branch.

A similar role existed in several ancient societies, for example in China during the Qin Dynasty (221 BC), and in ancient Rome where the Tribune served a similar role, with power to veto acts that infringed upon the Plebeians.

In Kyrgyzstan the post of ombudsman (Akyikatchy) was created in 2002, and has proved to be a strong and independent voice for human rights in the republic, and is sometimes held up as an example for other Central Asian republics – and further afield.  The office received and processed some 130000 complaints from members of the public in its first six years – which, perhaps, explains why it has a staff of nearly ninety people.  (In Kazakhstan, for the same period, there were only 8500 complaints.)

The second person elected to the post was appointed in 2008 - a renowned and outspoken fromer disident who had experienced problems with the authorities in the past, apparently having been “criticized, threatened, detained, interrogated, abducted, stoned, beaten, and left for dead during more than 15 years as a rights activist and anticorruption campaigner”.

His role is to ensure:

• The protection of human and civil rights and freedoms, as declared in the Constitution, the laws of the Kyrgyz Republic, international treaties and agreements recognized by the Kyrgyz Republic;
• Observation and respect of human and civil rights;
• Prevention of the infringement of human and civil rights and freedoms or to assist in their restoration;
• Improvement and further development of the international cooperation in the field of protection of human and civil rights and freedoms;
• Access to legal information for the population and the protection of confidential information about private persons

The Ombudsman reviews applications and complaints from the citizens of the Kyrgyz Republic, foreigners (and persons without citizenship) residing in the Kyrgyz Republic, or their representatives and non-governmental organizations regardless of citizenship, race and nationality, religious and political convictions cannot be an obstacle.  Complaints to the ombudsman have to be from named, anonymous complaints are not considered by the ombudsmen.  State bodies cannot apply to the ombudsman with complaints in cases that are within their authority.

After receiving an application or complaint, the Ombudsman decides independently what action to take regarding an investigation, and has the right not to proceed if it is anonymous, has been the subject of a precious decision, involve negligence or the absence of justification.  The decisions of the ombudsman are final and cannot be appealed. During the investigation and conversations of the Ombudsman and their representatives cannot be overheard or interfered with.

The services of the ombudsman are provided free of charge and not subject to taxation.

The Ombudsman:

• must be a citizen of the Kyrgyz Republic;
• must not have a criminal record;
• is elected by the Jogorku Kenesh for the term of five years;
• can have a maximum of three deputies, appointed by the Jogorku Kenesh;
• is independent of any state bodies and official persons;
• is “inviolable” during, and for 24 months after, their term of office; – this includes protection for their person, residence, office, luggage, transport, etc.
• cannot be a Deputy, hold any political post or engage in any political activity;
• has the right to:
  • immediate reception by official persons;
  • recourse to the Constitutional Court of the Kyrgyz Republic;
  • recourse to the Parliament with a request of official interpretation of the Constitution and laws of the Kyrgyz Republic;
  • attend the hearings of courts of all instances;
  • appeal to the court with the application about protection of human and civil rights and freedoms;
  • consider criminal, civil and administrative cases in the court;
  • in the event of revealing an infringement of human and civil rights and freedoms, to send to the appropriate bodies a reaction of the Ombudsman for the purpose of taking appropriate measures;
  • access the objects that are being used by Armed forces, and the state security service;
  • not to review applications or complaints, where decisions on them have already been made, unless there are new circumstances

The Ombudsman is obliged to:

• observe the Constitution of the Kyrgyz Republic, the provisions of the law «On The Ombudsman (Akyikatchy) of the Kyrgyz Republic» and other Kyrgyz legislation, and other rights secured by law interests of the human and citizen;
• keep confidential information, even after the end of their term of office;
• inform a complainant about the results of investigations into their complaint.

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Tags: For_the_Record, Kyrgyzstan