Home > 5.3 Validity of the question > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 55
 

While the current Article 97 par 5 does not mention the circumstances for the early dismissal of judges, this is now specified in the new Article 95 pars 2 and 3. This is generally welcome. At the same time, Article 95 par 2 refers to the violation of “the requirement of irreproachability” as a ground for dismissal. While the term “irreproachability” is defined in the Constitutional Law on the Status of Judges of the Kyrgyz Republic as the absence of a violation of a number of requirements and prohibitions applying to serving judges listed in the Constitutional Law, some of these are rather vaguely framed (see also par 74 infra). In general, the OSCE/ODIHR and the Venice Commission reiterate that early dismissal should always be based on clear and objective criteria as well as open and transparent procedures. Hence, unless grounds for early dismissal are clearly and strictly defined in other legislation, the respective provisions may jeopardize judges’ security of tenure, and the independence of the judiciary in general.