A/HRC/20/12
Draft Housing Code
27.
On 6 June 2011, ROCA supported working consultations with parliamentarians to
familiarize primary decision-makers with international standards and best practices on the
right to adequate housing. These were followed by parliamentary hearings on the draft
Housing Code, during which comments and recommendations from Mr. Miloon Kothari,
the former United Nations Special Rapporteur on the right to adequate housing, were taken
into consideration. The draft specifies concrete public needs which can be used as
justification for the demolition of housing and obliges the State to provide proper
compensation or equivalent housing. The draft also outlines the creation of a specialized
housing stock as an option to implement the right to adequate housing for vulnerable
groups of the population such as the homeless, orphans, persons with disabilities, and
elderly persons. The draft Housing Code is currently with the Parliamentary Committee on
Economic and Fiscal Policy, which is to review it in the spring of 2012.
B.
Selection of judges
28.
The Constitution identifies the Council for the Selection of Judges (CSJ) as the main
body tasked with the selection of judges.
29.
On 14 June 2011, the then President Rosa Otunbaeva signed the Constitutional Law
on the Constitutional Chamber of the Supreme Court, according to which judges of the
Constitutional Chamber were to be elected by Parliament. Nominees were proposed by
Otunbaeva on the basis of the selection carried out by CSJ.
30.
On 27 July 2011, CSJ began the selection process, which faced both internal and
external criticism. Several CSJ members, civil society and Supreme Court judges publicly
expressed their disapproval over the grading of candidates by CSJ, stating that it was not
made public. Under pressure from civil society, the then President asked CSJ to release the
grading results showing how each candidate had been graded. Upon their publication, civil
society raised a number of concerns, including that the candidates who had received the
highest grades were not the ones recommended by CSJ to the then President.
31.
On 13 and 14 August 2011, the then President Otunbaeva interviewed the candidates
proposed by CSJ for the Constitutional Chamber positions. Against a backdrop of public
protests staged against CSJ, Parliament ultimately approved two of the three candidates
recommended by Rosa Otunbaeva out of the 11 proposed by CSJ. These moves, both from
Parliament and the then President, were criticized by some civil society representatives as
an excess of authority of the legislative and executive powers over the judiciary.
32.
President Otunbaeva established a Commission tasked with preparing amendments
to the laws on the judiciary, which were approved in October 2011. On 15 November 2011,
she vetoed the draft amendments, stating that complete reappointment of CSJ was
necessary. This put on hold the appointment process of judges. In November 2011,
Parliament overturned three Decrees of the President issued in 2010 regarding the dismissal
of 10 Supreme Court judges from their functions, thereby restoring eight of them. In its
Resolution, Parliament stated that the President’s Decrees had been adopted in violation of
the Constitution and existing Laws regulating the judiciary that grant only to Parliament the
right to dismiss Supreme Court judges from their functions following a conclusion of the
National Justice Council (which was replaced under the Constitution by the Council of
Judges). The President’s Decrees had been previously criticized by some non-governmental
organizations (NGOs) as illegitimate and violating the principles of the independence of the
judiciary.
33.
In February 2012, the pending amendments to the laws on the judiciary were again
vetoed by President Atambaev, who stated that the CSJ should not be dismissed and that
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