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2007 Assessment

Kyrgyz Republic: Integrity Indicators Scorecard

Kyrgyz Republic: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	77
54	Can citizens access the reports of the ombudsman?	100

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments: There is an ombudsman of the Kyrgyz Republic who shall exert control over execution of the constitutional, human and civil rights and freedoms in the territory of the Kyrgyz Republic.

References: The Law on Ombudsman of the Kyrgyz Republic of 31 July, 2002, N 136

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments: The ombudsman has immunity and is elected by the parliament. No state body is allowed to interfere with the ombudsman.

References: The Law on Ombudsman of the Kyrgyz Republic of 31 July, 2002, N 136, Articles 4, 6

Peer Review Comments: Critics allege that the national ombudsman itself violates the right of Kyrgyz citizens to chose a religion.

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: Ombudsman might report about violations on the part of the country leaders side, but very rarely.

References: Ombudsman reported on violation of election campaign rules by the ruling parties, Nov. 13, 2007, www.pr.kg

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: The current ombudsman started serving from 2002 throughout his term without any attempts to remove him. He is the first and the only ombudsman in the Kyrgyz Republic to date. Early removal of the ombudsman would be a very complicated process.The ombudsman has immunity, and the law clearly defines the instances when he or she can be removed.

References: www.ombudsman.kg

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments: One-third of all requests to the ombudsman come from the provinces. Regional offices of the ombudsman are needed.

References: Tatiana Sadegalieva, 24. kg Information Agency, In Kyrgyzstan, in 9 Months of 2007, 15,093 Persons Requested Help from the Ombudsman, Oct. 17,.2007, www.24.kg

Peer Review Comments: The ombudsman has a full-time staff, but not a professional one.

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments: Office of the Ombudsman makes appointments on the basis of civil service law.

References: Reports of the Civil Service Agency for 2007

Interview with civil service law expert (confidential source)

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments: According to Dean M. Gottehrer, a member of the associations of ombudsman, the Kyrgyz ombudsman has a separate budget line in the state budget and salaries of the officers are at the level of high officials.

References: International Consultant Dean M. Gottehrer's Assessment of Ombudsman's Budget

Peer Review Comments: Critics allege that the ombudsman receives secret funding from their external sponsors.

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: Reports are available online, but they are sometimes out of date, although the ombudsman is open to the mass media and usually keep the general public informed about his activities.

References: Tatiana Sadegalieva, 24.kg Information Agency, In Kyrgyzstan in Nine Months of 2007 15,093 Persons Requested Help from the Ombudsman, Oct. 17,.2007, www.24.kg

Reports of the Ombudsmen to the parliament, www.ombudsmen.kg

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: The ombudsman makes investigation upon a citizen's request or by its own initiative. But ombudsman's effectiveness is limited by law, since he cannot make direct actions or sanctions to offenders.

References: Tatiana Sadegalieva, 24. kg Information Agency, In Kyrgyzstan in Nine Months of 2007 15,093 Persons Requested Help from the Ombudsman, Oct. 17,.2007, www.24.kg

The Ombudsman's Special Report on Facts of Resistance to His Activities, www.ombudsman.kg

Peer Review Comments: Critics allege that the national ombudsman's action is limited to selected areas, in which it has a personal interest.

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments: The ombudsman cannot deal directly with offenders. Sometimes, state bodies do not cooperate with the ombudsman or create impediments to his activities.

References: Tatiana Sadegalieva, 24. kg Information Agency, In Kyrgyzstan in Nine Months of 2007 15,093 Persons Requested Help from the Ombudsman, Oct. 17,.2007, www.24.kg

Special Report of the Ombudsman on Relationships with Judicial Bodies, www.ombudsman.kg

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

Comments: The Ombudsman (Akyikatchy) shall inform the state body, official or a legal entity, the action or act of which has been subject to a complaint, on such a decision to allow them to submit a written report within 15 days. Usually, the state bodies respond on time. The ombudsman reported that every third complaint received by his office was addressed successfully.

References: Tatiana Sadegalieva, 24.kg Information Agency, In Kyrgyzstan in Nine Months of 2007 15,093 Persons Requested Help from the Ombudsman, Oct. 17,.2007, www.24.kg

Special Report of the Ombudsman on Relationships with Judicial Bodies, www.ombudsman.kg

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments: According to media reports, more people are asking advice from the ombudsman's officers, and the number of people who are satisfied after getting support from the office has increased.

References: Tatiana Sadegalieva, 24. kg Information Agency, In Kyrgyzstan in Nine Months of 2007 15,093 Persons Requested Help from the Ombudsman, Oct. 17,.2007, www.24.kg

Peer Review Comments: Critics allege that religious minorities would never turn to it for protection, because its position towards them is clear.

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments:

References: The Law on Ombudsman of the Kyrgyz Republic of 31 July, 2002, N 136

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments: Reports are available online.

References: Reports of the Ombudsman at www.ombudsman.kg

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments: Reports are available online.

References: Reports of the Ombudsman at www.ombudsman.kg