Access to Justice

Ensuring access to justice - according to the Constitution of the Kyrgyz Republic, everyone is guaranteed judicial protection of their freedoms and rights.

RULES for monitoring court proceedings by employees of the Akyikatchy (Ombudsman) Institute of the Kyrgyz Republic.

These rules are developed to apply a uniform approach regarding the attendance at court sessions by the Akyikatchy (Ombudsman) Institute of the Kyrgyz Republic. The legal basis for conducting the monitoring of court proceedings by employees of the Akyikatchy (Ombudsman) Institute of the Kyrgyz Republic is the provisions of Article 109 of the Constitution of the Kyrgyz Republic, in accordance with which parliamentary oversight over the observance of human rights and freedoms in the Kyrgyz Republic is carried out by the Akyikatchy (Ombudsman). Additionally, it is in line with Chapter 11, Article 8 of the Law of the Kyrgyz Republic "On the Ombudsman (Akyikatchy) of the Kyrgyz Republic," which grants the Ombudsman (Akyikatchy) the right to attend court sessions at all levels, including closed court sessions, with the consent of the person for whom the court proceeding is declared closed when it is in the interest of that person.

The grounds for conducting the monitoring of court proceedings are as follows:

Violations of the rights and freedoms of individuals, as identified during the investigation of a complainant's appeal.
Directives from the leadership of the Akyikatchy (Ombudsman) Institute of the Kyrgyz Republic. The term "leadership" includes the Akyikatchy (Ombudsman), their deputies, the head of the institute, and the heads of its structural units.

Violations of the rights and freedoms of individuals are understood to include any judicial decisions, actions, or inactions of judicial bodies that hinder the lawful exercise of the rights and freedoms of individuals. In the presence of an appeal, it must be signed by the interested party and contain the full name, patronymic, and address of the complainant. It should also provide an explanation of the nature of the decisions or actions (inactions) that, in the complainant's opinion, infringe upon their rights and freedoms or the rights and freedoms of the represented individual. The appeal should be accompanied by copies of the decisions of the relevant authorities, if such decisions have been made. The official in charge is obligated to thoroughly examine the appeal and take all necessary measures to identify any corresponding legal violations as stipulated by the legislation of the Kyrgyz Republic.

Part 2 of Article 10 of the Law "On the Ombudsman (Akyikatchy) of the Kyrgyz Republic" stipulates that the Ombudsman (Akyikatchy) will only consider statements and complaints if the complainant challenges a legally binding decision of a higher authority, administrative body, or court. This consideration takes place when the statements or complaints relate to violations of human rights and freedoms during the decision-making process.

After completing the investigation of the received appeal, if there are no grounds for monitoring the court proceedings, the responsible official prepares a memorandum to the leadership stating the inadvisability of conducting such monitoring. The initiation of monitoring court proceedings is carried out in accordance with a resolution of the Head.

3. In exceptional cases, with the aim of protecting the rights and freedoms of individuals as proclaimed by the Constitution and laws of the Kyrgyz Republic, as well as international treaties and agreements ratified by the Kyrgyz Republic, the Akyikatchy (Ombudsman) may initiate the monitoring of specific court proceedings in courts of any level, even in the absence of citizen appeals. For example, this may apply to criminal cases involving crimes against children or cases involving the use of torture by law enforcement officials, among other situations. In these extraordinary circumstances, the Ombudsman has the authority to proactively monitor court proceedings to safeguard human rights and freedoms, as provided for by the Constitution and international agreements.

4. During the monitoring process, the following aspects are subject to attention:

a) Adherence by judges to the principles of justice, including:

Compliance with legality in court proceedings.
Ensuring that justice is administered exclusively by the court.
The involvement of the prosecutor in criminal court proceedings.
Respect for the rights, freedoms, and dignity of individuals.
Presumption of innocence.
Judicial independence.
A comprehensive, thorough, and objective examination of the circumstances of the case.
Ensuring the defendant's right to a defense. Transparency of judicial proceedings.
The language used in legal proceedings.
Providing access to justice.
Equality of all individuals before the law and the court. Administering justice based on adversarial principles and equality of the parties.

b) The proper use of state symbols of the Kyrgyz Republic and attributes. For instance, in the courtrooms of the Supreme Court and local courts, the national flag of the Kyrgyz Republic and the emblem of the Kyrgyz Republic should be displayed. Additionally, judges are required to wear their robes while presiding over court proceedings.

c) Adherence by judges to the norms of procedural legislation when handling court cases, including:

Explaining to the parties their procedural rights and responsibilities.
Establishing the procedure for examining evidence. Observing the procedure for questioning witnesses and juvenile witnesses.
Drafting the court decision in the deliberation room. The process of pronouncing a verdict, announcing other court decisions, explaining the content of the court decision (verdict, judgment) to the defendant and other participants in the process, and the procedure and timeline for appealing it.

d) Justification for the postponement of court proceedings and adherence to procedural timeframes for the consideration of court cases.

e) Adherence to the ethics and norms of the Code of Judicial Ethics of the Kyrgyz Republic. In their professional activities, judges are required to be tolerant, polite, tactful, and respectful towards the participants of the judicial proceedings, among other attributes.

4.1. Conducting monitoring should not be limited to one-time participation in a specific court case solely for the purpose of providing a response to the authors of appeals regarding the positive outcome of their requests. In cases of prolonged court proceedings or the postponement of court sessions that are under monitoring, the employees of the Akyikatchy (Ombudsman) Institute should take measures, to the extent possible, to track the entire progress of the case in court. If necessary, they should extend the established timelines for responding to citizens' appeals through communication with the leadership.

4.2. During the monitoring process, the employees of the Akyikatchy (Ombudsman) Institute are not authorized to exceed the scope of their official duties. They must adhere to the norms of these Rules, the ethics of public servants, and they are obligated to remember that according to the legislation of the Kyrgyz Republic, the courts exercise judicial authority independently, without being subject to anyone's will, and they are only subject to the Constitution of the Kyrgyz Republic, procedural, and other laws. Any interference in the activities related to the administration of justice is impermissible. No one is entitled to demand an account from a judge regarding a specific court case.

5. Upon the completion of the court process monitoring, the results are recorded by the responsible official in a document of the established format. This document includes the outcomes of the monitoring, including any identified violations.

5.1. Upon identifying, as a result of the court process monitoring, instances of violations of procedural legislation, ethics, or legal infringements committed by judges, the responsible official reports to the leadership in a memorandum and makes a recommendation regarding the necessity of submitting a representation to the Akyikatchy (Ombudsman) for referral to the Disciplinary Commission of the Council of Judges of the Kyrgyz Republic to hold the judge accountable for the corresponding disciplinary responsibility, or for the Akyikatchy (Ombudsman) to address the chairman of the relevant court (depending on the severity of the violation).

5.2. When instances of legal violations by other government bodies are identified, the responsible official prepares a representation to the Akyikatchy (Ombudsman) to be submitted to the higher authority or to the prosecutor's office of the Kyrgyz Republic, emphasizing the need to take appropriate measures to restore legality and hold the responsible official accountable for violating the rights and freedoms of individuals.

6. The implementation of the norms by Akyikatchy’s Office Staff in Part 13 of Article 8 of the Law "On the Ombudsman (Akyikatchy) of the Kyrgyz Republic" - The Ombudsman (Akyikatchy) has the right to familiarize themselves with criminal, civil, and administrative offense cases in court, for which final judgments have been rendered, as well as with closed cases and materials for which the initiation of criminal proceedings has been refused, including the making of copies, is carried out exclusively upon the directive of the Akyikatchy (Ombudsman) or their deputies within the framework of handling citizens' appeals and when there is a genuine need to examine them.