L. Election campaign provisions

Article 52(1) prohibits the preparation of campaign materials outside the Kyrgyz Republic. This appears as an excessive restriction of freedom of expression. Article 52(1) also requires that “copies of printed materials and other campaigning materials must be submitted to the relevant election commission which had registered the candidate or list of candidates”. The Venice Commission and the OSCE/ODIHR previously expressed concern over a similar provision as it could be interpreted as requiring the approval of election commissions prior to the distribution of campaign materials. The Venice Commission and the OSCE/ODIHR recommended that this provision be revised to respect the right to freedom of expression through campaigning without prior submission of campaign materials to election commissions. This recommendation remains unaddressed. Moreover, the provision in the same paragraph according to which “candidates and political parties shall have the right to freely issue and disseminate printed, audio-visual and other campaigning materials” should not be understood as preventing other people from doing the same.