Constitutional Court Rules Bakiyev's Case May Be Reconsidered if He Returns to Kyrgyzstan - Kloop

On April 9 and 11, the Constitutional Court of Kyrgyzstan concluded that, upon his return, reviewing the case against former president Kurmanbek Bakiyev is possible, Orda.kz reports, citing Kloop.

The court’s statement followed an appeal from lawyer Ikramidin Aitkulov, who represents Bakiyev’s interests.

Aitkulov has stated that the Criminal Procedure Code lacks clear guidelines on trials in absentia. In some instances, investigations are suspended; in others, cases proceed to court without the defendant present.

Aitkulov argued that current law allows cases to be reviewed on appeal or cassation without the accused’s involvement.

He believes this violates the right to a fair trial:

Despite the formal existence of appeal rights, a person convicted in absentia is in practice deprived of those rights,
the lawyer stated. 

The Constitutional Court clarified that in-absentia trials are only permitted when the accused intentionally evades justice, has left Kyrgyzstan, and when extradition efforts have proven unsuccessful.

The court emphasized that the accused must have the right to seek a review of their case with their direct participation, should they return to the country.

Only their personal presence at the court hearing can ensure genuine proper proceedings and equality between the parties, allowing for the case and evidence to be evaluated from the perspective of the accused’s own arguments,
the court explained. 

In an interview with Kaktus.media, Aitkulov said he intends to petition the Supreme Court to review all charges against Bakiyev.

If he returns in person, then there will be a review. If he does not, then there will be no review. In effect, the Constitutional Court’s decision supports the rule of law and fairness by encouraging him to return. I believe everyone is interested in seeing a proper trial with his participation, leading to a legal and well-reasoned verdict. Right now, he’s been convicted without ever appearing in court,
Aitkulov said. 

Despite concerns, Bakiyev "wants to return to Kyrgyzstan and defend his rights."

Meanwhile, Kamchybek Tashiev, head of Kyrgyzstan’s State Committee for National Security (GKNB), stated that the Constitutional Court’s recent decision regarding former president Kurmanbek Bakiyev has no connection to the current authorities.

Tashiev emphasized that the Constitutional Court is an independent body.

The Supreme Court’s verdict against Kurmanbek Bakiev remains in force. Therefore, if Bakiyev returns to Kyrgyzstan, he will be arrested immediately upon crossing the border,
he said said. 

In 2023, Kyrgyzstan passed a law allowing the Constitutional Court to annul or reconsider its decisions upon submission by the President or the court’s Chairperson.

Rumors have spread that Kyrgyzstan's current authorities are attempting to rehabilitate the former President, though they have denied the claims.

After being overthrown and fleeing with his family, Kurmanbek Bakiyev has lived in Belarus since 2010. Belarus has not cooperated in his extradition. During the April 7, 2010 unrest, security forces opened fire on protesters at Ala-Too Square near the White House, killing more than 80 people. 

Bakiyev was later convicted in absentia on multiple charges in Kyrgyzstan and sentenced to 30 years in prison.