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 77
 

The proposed amendments to Article 95 par 6 (now included in a new Article 95 par 4) would allow a judge’s suspension from office, which is not mentioned in the current Constitution, as well as the initiation of administrative and criminal actions against a judge upon consent of the disciplinary commission. As mentioned in pars 75-76 supra, the composition of the disciplinary commission is concerning in terms of the potential influence that the executive and legislative branches may have on such a body, thus jeopardizing its independence and impartiality. A “procedural immunity”, in other words a special legal protection/procedural safeguard for judges accused of breaking the law, typically directed against arrest, detention and prosecution, would help ensure that judges can properly exercise their functions without their independence being compromised through fear of prosecution or other judicial actions by an aggrieved party, including state authorities.