S. Complaints and appeals

As noted in the 2011 joint opinion, prior OSCE/ODIHR election observation mission reports have noted issues with the adjudication of election complaints and appeals. These concerns were reiterated in the most recent OSCE/ODIHR election observation mission report on the 2011 presidential election.[1] The draft law does little to address previous recommendations as most of the previous articles remain in the draft law without significant change. Articles 67-71 of the draft law do not address the current problems which have resulted primarily from the CEC’s lax and informal procedures for addressing complaints and appeals. This informality on the part of the CEC has been enabled by the failure of the draft law to provide clear and detailed provisions for the handling of electoral complaints and appeals. As a result of this informality in the handling of electoral complaints and appeals, the CEC has disregarded the few articles in the law regulating the consideration of complaints and appeals.[2] The CEC’s failure to adequately address complaints is of particular concern as the right to receive an effective remedy is provided for in paragraph 5.10 of the 1990 OSCE Copenhagen Document and Paragraph 18.2 of the 1991 OSCE Moscow Document. An effective remedy is also required by Article 2 of the International Covenant on Civil and Political Rights and Article 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

[1] Id., pages 20-21, 23.

[2] See 2011 joint opinion, paragraph 110. See also OSCE/ODIHR Final Report on the Kyrgyz Republic parliamentary elections 10 October 2010 (Warsaw, 20 December 2010), at page 18; OSCE/ODIHR Final Report on the Kyrgyz Republic presidential election 23 July 2009 (Warsaw, 22 October 2009), at pages 16-17.