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2008 Assessment

Kyrgyz Republic: Integrity Indicators Scorecard

Kyrgyz Republic: Integrity Scorecard Report > Sub-Category: Public Access to Information
Indicators		Score
12	Do citizens have a legal right of access to information?	100
13	Is the right of access to information effective?	25

Indicator and sub-Indicator Details

Do citizens have a legal right of access to information?

12a: In law, citizens have a right of access to government information and basic government records.

Score:

YES

Comments: The access is guaranteed, but there is no written procedure for obtaining information.

References: The Law on Guarantees and Free Access to Information, December 5, 1997, Article 3.

The Law on Access to Information of State Organs and Local Self-governments, November 14, 2006, Articles 3 and 4.

12b: In law, citizens have a right of appeal if access to a basic government record is denied.

Score:

YES

Comments: There is a possibility to redress through a court.

References: The Law on Guarantees and Free Access to Information, December 5, 1997, Article 12.

The Law on Access to Information of State Organs and Local Self-governments, November 14, 2006, Article 35.

12c: In law, there is an established institutional mechanism through which citizens can request government records.

Score:

YES

Comments: Usually there are press services in the state organs that should provide information for the media and the general public.

References: The Law on Access to Information of State Organs and Local Self-governments, November 14, 2006, Article 33, requests that every state organ should have a structural unit and staff responsible for providing information to citizens.

Is the right of access to information effective?

13a: In practice, citizens receive responses to access to information requests within a reasonable time period.

Score:

100

Comments: Records take time to obtain, but citizens usually do not appeal to courts. Recently a human-rights activist, Maxim Kuleshov, won a case in a court when some local authorities ignored his request to give information on staffing and salaries in local governments.

References: In Kyrgyzstan, a district court is called to account for local government's officials after a claim by a human-rights activist, September 15, 2008, 24.kg News Agency. [ LINK ]

13b: In practice, citizens can use the access to information mechanism at a reasonable cost.

Score:

100

Comments: Usually a request for information "travels" between different organizations or simply might be ignored.

References: Monitoring of State Strategy on Combating Corruption, Bishkek, 2007.

13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period.

Score:

100

Comments: There is a practice that state bodies answer if they receive a complaint or grievance from a citizen. Civil servants are accountable for a number of letters/documents they prepared. Therefore, the answer might be formal, but at least civil servants react to complaints. But a request for information is something new to administrative practice and appeals might be ignored.

References: In Kyrgyzstan, a district court is called to account for local government's officials after a claim of human-rights activist, September 15, 2008, 24.kg News Agency. [ LINK ]

A confidential source (a civil servant).

13d: In practice, citizens can resolve appeals to information requests at a reasonable cost.

Score:

100

Comments: The most effective way to get hidden information is to appeal to a court, but is expensive and time consuming.

References: In Kyrgyzstan, a district court is called to account for local government's officials after a claim of human-rights activist, September 15, 2008, 24.kg News Agency. [ LINK ]

A confidential source (a civil servant)

13e: In practice, the government gives reasons for denying an information request.

Score:

100

Comments: The laws on access to information and state secrets gives a space to civil servants to deny an information request because of state secrecy or because information might be for "internal use only."

References: A confidential source (a civil servant).