C. Limitation on suffrage rights

Article 4 of the draft law sets forth the right of suffrage for citizens of the Kyrgyz Republic. Article 4(4) abrogates the passive right of suffrage of a citizen whose “conviction has not been expunged pursuant the procedures established by the law”. Under this provision, the passive right of suffrage is denied based on any conviction, regardless of the nature of the underlying crime, where the conviction has not been expunged. Further, Article 4(3) denies the voting rights of citizens “kept in places of confinement”, without regard to the reason (nature of the crime) for confinement.[1]

[1] See the 2011 joint opinion, paragraphs 21-25, for an extensive discussion as to why a blanket denial of suffrage rights for conviction of any crime is incompatible with fundamental human rights. See also Frodl v. Austria, (Application No. 20201/04, 4 October 2010), at paragraph 25; Hirst v. United Kingdom (No. 2) (Application No. 74025/01, 6 October 2005); Paragraph 24 of the 1990 OSCE Copenhagen Document, which provides that “participating States will ensure that the exercise of all the human rights and fundamental freedoms will not be subject to any restrictions except those which are provided by law and are consistent with their obligations under international law”; Paragraph I.1.1(d.iv) of Council of Europe, Venice Commission, Code of Good Practice in Electoral Matters, Guidelines for Elections.