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Kyrgyzstan – Dismissal of a Judge of the Constitutional Chamber - Statement by the President of the Venice Commission

25/06/2015

I have learned that recently Judge Sooronkulova of the Constitutional Chamber of the Supreme Court of Kyrgyzstan was dismissed from the Chamber, allegedly because she complained about pressure on her in the adjudication of a case. It seems that a request for dismissal of another judge is under way.
By the very nature of Constitutional Justice, which requires defending the Constitution against its violation by other State powers, Constitutional Judges are in danger of displeasing these very powers. Therefore, Constitutional Judges need specific guarantees in order to be able to take their decisions without any undue influence.
The dismissal of Judge Sooronkulova is an indication that there are not sufficient guarantees for the independence of Constitutional Judges in the Kyrgyz Republic. Therefore, I call upon the Kyrgyz authorities to introduce such guarantees for the Judges of the Constitutional Chamber and to review the dismissal of Judge Sooronkulova, while refraining from dismissing even more Judges of the Chamber. Such guarantees could become part of the currently on-going constitutional reform process on which the Venice Commission has provided an opinion (CDL-AD(2015)014).
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