Open letter to Cholpon Djakupova President Almazbek Atambayev
President of the Kyrgyz Republic
Mr. President, as you know, on April 20 this year, the Attorney General has made a petition to the court to defend your honor and dignity. One of the defendants am I Dzhakupova Cholpon Idinovna. At 13 A4 sheets Attorney General is trying to prove that in his speech at the roundtable March 30, 2017, I issued a information that do not correspond to reality and defaming the honor and dignity of the President of the Kyrgyz Republic.
In this case, the attorney general is almost entirely quoted text of my speech, which affects not only referred to the honor and dignity, but also issues the Ombudsman, judicial independence, constitutional reform, and so on. This fact is puzzling and raises a lot of questions as to what is so offended your honor and dignity in my speech?
As the carrier of the honor and dignity is itself you and, given the current judicial practice to consider all such claims without being invited you to a court hearing, for me, as a bona fide defendant, there is only one way to clarify these issues in the right of the person concerned, that is, at the you Sharshenovich Diamond - ask them to you in writing.
1. In fact, on March 30, I was invited by the Ombudsman Kubat Otorbaev in the round table discussion on this alarming situation with freedom of speech in the Kyrgyz Republic, which was addressed in the debate on this issue, thereby expressing his personal opinion. The institution of Ombudsman - constitutional body, a round table - legal action, freedom of expression is guaranteed by the Constitution in force.
Question: Do I have the right to express their personal opinions had (even if it is, in your opinion, wrongly) to this event?
2. We now proceed directly to the claims of the prosecutor general.
Attorney General's Office states that I accused the president Atambayev, ie You, of abuse of official position. This is personal speculation Prosecutor General. I suggested that we have become hostages of the situation of human personal revenge. This assertion is based solely on an analysis of your performances.
Namely, March 24, 2017 You, Mr. President, in an interview to a direct question - whether the chargeback claims, said they were not just a journalist, since because of them died your mother and brother. Literally: "five years suffered, forgiving time has passed."
Q: You acknowledge the correctness of the above quotes? Whether, in your opinion, they impress the audience as an expression of revenge?
3. Further, the Attorney General accused me that I would argue that the president interfere in the affairs of justice. I just referred to your statement of March 24, 2017, when you said the following: "Radio" Liberty "will make good lessons", "We are on the radio" Freedom "and" thorn "show - it is a slander," "I am better than money these actions give our journalists or do not know, out there, in the children's oncology. " "If I win," no words, but there is an unambiguous statement: "I'll give the money."
Q: You acknowledge the correctness of the above quotes? Whether, in your opinion, they impress the listeners that you have an absolute effect on the administration of justice in Kyrgyzstan?
4. The Attorney General accuses me that I, as a deputy of the LCD in the past, need to know the process of amending the Constitution. I do not deny the possession of this knowledge, indeed, I, being a deputy, has repeatedly stated violations of the bill making procedures, as well as my other colleagues - Tekebayev, Abdyldaev, Isaev, Torobaev and others. On this occasion, there are numerous interviews and video meetings, speeches at the session.
Therefore, the Attorney General, claiming that: "These affirmative statements Ch.Dzhakupovoy of violent actions on the part of the President of the Kyrgyz Republic at the adoption of the draft" Law on Amendments to the Constitution are false and untrue ", obviously not enough researched this issue.
Ms. Dzholdubaeva argues that, according to the procedures, a referendum initiated by the deputies, LCD support, and 79.6% of voters voted for the bill in a referendum (actually supported 948 000 185 voters out of the total 2.816 million 423 voters, ie 33.6%). And the president, like, not the initiator of amending the Constitution.
Let me remind you, Mr President, your speech is on constitutional amendments. December 24, 2015 (final press conference) - that's when you uttered his famous phrase about "protection against the fool." That's when you recognize that initiated the amendments to the Constitution are you personally.
October 31, 2016 (presentation of the policemen apartments) you said: "So far there is no reform. Now he'll take. Why oppose the constitutional reform "and further in Kyrgyz?" Oshonduktan zhanagy Konstitutsiyaga өzgөrtүүlөrdү kirgizip zhatam. Kim ticket bir zhindi Kelebay guillemot ... "(" That's why I bring changes to the Constitution. Who knows, maybe again some madman will come ... ")
This is also evidenced by the fact that almost all of the first hearing in the committee and on the LCD session, defended the bill Ismayilov - Head of the Presidential Administration department. MP Isaev October 24, 2016 in an interview with "24.kg
", said: "But I am opposed to this was done under pressure and by arm-twisting. It would be nice if the vote on this issue in the parliament were held in secret, and then each deputy could speak openly and honestly on the subject. "
Question: Do you recognize, Mr. President, that my statements regarding the initiation of amendments to the Constitution are based on the correct quoting your words, as well as other politicians?
5. With regard to the requirements of the Attorney General the court - I doubt the adequacy of the request. Attorney General asks all my monologue, I repeat, all my monologue recognize untrue. Untrue can recognize any claim. But to recognize untrue appeal or appeal - is nonsense.
I encourage the participants of the round table to rewrite the resolution - Prosecutor demands to annul it. I appeal to the Ombudsman, I urge him to make good actions in the framework of its powers - Prosecutor demands to annul it. I say: do not break the law, I call upon lawyers not to break the law, not to tolerate - the prosecutor again asked to recognize it as invalid. As the court may satisfy such a request, contrary to common sense and elementary logic?
Thus, the Attorney General asked the court to recognize untrue following words and expressions. "In general, the purpose of the Institute of Ombudsman is that you should make a statement about the egregious systemic human rights violations. Finally, you have to have the courage, yes, did you get this courage and decided nevertheless to deliver and assess what ugliness, which is the country going for the last time, and other than a disgrace, I call it can not lawlessness and arbitrariness " .
Let these words are addressed to the Ombudsman and his activities. Where the prosecutor here sees infringement of the rights of the president? According st.3,8 Law "On the Ombudsman", it's just a function of the Ombudsman - to respond to the violation of rights.
Now, about the mess. After all, it is the Attorney General needs to know at what level we have come a disgrace and outrage. Take the report of the Attorney General in 2016. On their own site, by the way Published:
In 2016 the prosecutor's office of the Kyrgyz Republic through anti-corruption and oversight of implementation of laws conducted 9000 099 inspections to detect violations of the laws introduced 14 thousand 558 acts of prosecutorial response. Adding on acts of prosecutorial response disciplined 6 000 254 persons, and to administrative liability - 838 officials.
Just think, 6254 officials were brought to disciplinary liability only for 2016. At this rate, in our country, the officials should not remain. If the Attorney General does not believe in his report, to honor you, Mr. President:
"Of particular concern to the people of Kyrgyzstan is the threat of intervention narrow group interests of certain political forces in the government decision-making process. Political corruption is a major obstacle in the way of the destruction of the existing order of corruption, and a zone of defeat it is the public interest. A significant obstacle to the country's development is systemic corruption, due to the construction of corruption system functions and powers of state bodies and their officials. The most problematic corruption schemes developed in the judiciary, law enforcement, financial, registration, energy and education systems ".- This is an excerpt from your UP№215 same decree from 12 November 2013.
Question: Do you recognize, Mr. President, that my assertion about the presence of system egregious violations of human rights in Kyrgyzstan, based on the data itself prosecutor's office, as well as your performances?
6. Now, about the word "maniac" and "a person with manic tendencies." I do not know what kind of knowledge in the medical field at Madame Dzholdubaevoy. But I have the word "maniac" has the meaning dictionaries professors Viktor Vinogradov and Sergei Ozhegova "Maniac - a man with a mania, an obsession, stubbornly following any thought or purpose."
In this meaning and consumed. In this case, no medical significance was not in sight and knowledge in this area do not apply. In my understanding, there are people with mania - a thirst for power, delusions - a thirst for revenge, mania - to impose their ideas and stubbornly promote it. In this same sense I mean people with manic tendencies (note used in the plural!)
Why Dzholdubaeva defining mania uzkomeditsinskom aspect, uses medical terms - "psychopathological syndrome characterized by a triad of symptoms" and so on, and all of these symptoms binds to one particular person, I do not understand.
Q: How, in your opinion, the use of these words has caused significant damage to your reputation in the context of my speech at the mentioned round table?
7. Finally, I totally understand, in this connection on the lawsuit Attorney General draws as a co journalists Dina Maslova and Naryn Ayypa. Even if they are properly brought my words, then, accordingly, the plaintiff would have to be me, but not the Attorney General - in fact it does not have the right to initiate such claims from individuals. By the way, can a non-physical entity to be the bearer of honor and dignity?
Question: Is it, in your opinion, in violation of the law on the part of journalists transmission and playback of performances that do not distort the meaning of the speaker? Do you really think that an interview, let's say the perpetrator makes the journalist as a rapist?
8. The Attorney General argues that the phrase "Do not remind me, you workers of the two revolutions, than it's all over, he knows it, he is the author of these two revolutions, two coups. It is wrong to refer to the law, it is impossible today, I wanted - I included this law, and tomorrow I got sick - I turn ... "and denigrates the honor and dignity of the president.
However, the authorship of the two revolutions you yourself have admitted Russian President during his last visit, is not it? The truth later on March 24, you have admitted that it was not quite good joke.
Question: can offend, offend the honor and dignity of the President conscientious study of his speeches and quoting his own statements?
9. As you well know, countless times amended the Constitution, according to which the powers of the prosecutor's office are constantly curtailed since 2003. One of the objectives of the changes was to cease any harassment of citizens bodies Prosecutor's Office. The prosecutor's office should supervise only the activities of state authorities, local self-government and their officials.
However, the law "On guarantees of activity of the president", adopted in 2003, according to which the Attorney General initiate lawsuits against citizens, unfortunately, has not been brought into line with the new Constitution. But, by law, in case of such contradictions, we must work norms of the Constitution directly and indirectly, as the primary and supreme law in the hierarchy of legal acts.
Question: Are you aware of these contradictions in the law of the country? Have you applied in person to the Attorney General with a request to initiate a lawsuit in court to protect the honor and dignity of the president?
10. Regarding the irony and sarcasm. I never tried to hide his critical views on compliance with the rule of law, and during the reign of President Kurmanbek Bakiyev, and in the days of the Provisional Government, unfortunately, is no exception and you. And I'm assuming that I have a right, under the Constitution, expressed their criticism openly and honestly - with the rostrum of parliament, in the newspapers, speaking at a round table.
And never, not one your predecessor did not show illegal claims about it, imputing to me to blame the existence of such emotions as sarcasm, irony or negative attitude. Moreover, even when we went to numerous rallies in your support with the slogan "Stop lying" or "Bakiyev ketsin" doing caricatures of him were very tough at the round tables, and the media all broadcast and published.
Even then, against any journalist or publication Bakiyev did not show such obsessive constancy in the pursuit, as you - against Zanoza.kg and journalist Naryn Ayypa within two months of the Attorney General has filed 5 lawsuits totaling several tens of millions of soms.
Question: Dear Almaz Sharshenovich, since when and under what law the expression of feelings and emotions became an offense in Kyrgyzstan? You seriously believe that the decision of the court, you can eliminate the opinion or cease to experience feelings?
Diamond Sharshenovich hopefully carefully read my letter, you will agree with the validity of my arguments. It is quite possible that they you angry even though I, believe me, it is not pursuing this negative goal - to discredit you personally or harm your reputation. Why should I do about the expiring policy? I once again believe in the sincerity of your promise to leave permanently.
For me, in fact, what is important - to encourage people, regardless of their status, be consistent and be guided in its activities by the law, even if it is contrary to any political interests. But in any case, in advance grateful for the answer to each question in accordance with and within the terms established by the legislation of the Kyrgyz Republic.
Sincerely, Cholpon Dzhakupova.