June 26, 2019, 11:15
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akipress.kg
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AKIPRESS.COM - The article 12 of the law on guarantees of activities of president of Kyrgyzstan regulate the question of stripping ex-presidents of their immunity from prosecution.
Article 12 was introduced on 15 May 2019. It defines the steps of stripping ex-presidents of their immunity, the status of ex-president, and holding them liable for crimes. The procedure is the following:
1. At least 40 lawmakers bring accusations against ex-president
On 12 June, lawmaker Kanat Isayev announced initiative of more than 40 MPs to strip Almazbek Atambayev of his immunity. He asked Parliament Speaker Dastan Jumabekov to consider the case in standing committees.
2. Parliament creates a special commission to come up with accusations against ex-president;
On 13 June, parliament created a special commission consisting of:
SDPK faction: MP Omurbek Bakirov, MP Eugenia Strokova, MP Kojobek Ryspaev, MP Maksatbek Egemberdiev;
Respublika-Ata Jurt faction: MP Nurlan Mamytov, MP Baktibek Raimkulova, MP Jirgalbek Turuskulov.
Kyrgyzstan faction: MP Kanat Isaev, MP Almazbek Toktorov;
Onuguu-Progress faction: MP Altinbek Junus Uulu;
Bir Bol faction: MP Baktibek Turusbekov;
Ata Meken faction: MP Kanibek Imanaliev. The commission's work term wa 7 days.
3. Parliament brings accusations against ex-president to strip him of his immunity from prosecution by majority vote;
On 20 June, 100 MPs voted for and only 5 against bringing accusations agaisnt Atambayev. The decision was submitted to the General Prosecutor's Office.
4. General Prosecutor's Office must come up with its conclusion on elements of crimes in activities of ex-prsident during his tenure as president;
On 25 June, Prosecutor General Otkurbek Jamshitov announced conclusion of the Office of Prosecutor General on the accusations brought by parliamentary group against Almazbek Atambayev in order to strip him of his status of ex-President and immunity from prosecution.
Jamshitov said there are elements of crime in 5 accusations: illegal freeing of crime boss Aziz Batukayev from prison, concealment of income, illegal land purchase, corruption in the modernization of the Bishkek power plant, and the illegal supply of coal to the power plant.
5. Parliament must decide on stripping the ex-president of their status and immunity from prosecution by majority of votes.
The decision must be done within 3-month period after bringing accusations against ex-president. If the parliament fails to do so, the accusations will be annuled. After the parliament's decision, ex-president can be held liable for crimes committed during his tenure as president.
So far, Parliament of Kyrgyzstan has not made a decision. But they can do it in their next sessions on June 26 or June 27, either during their vacation time in an extra-ordinary session.
