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1 Turkmenistan IHF FOCUS: Elections; Constitutional Turkmenistan IHF FOCUS: elections; constitutional amendments; freedom of expression; freedom of the media; freedom of association; fair trial and detainees’ rights; torture, ill-treatment and police misconduct; prisons and detention facilities; freedom of religion; national and ethnic minorities; right to education. Following the dissolution of the Soviet Union in 1991 and the declaration of independence of Turkmenistan, the former head of the Communist Party of Turkmenistan, Saparmurat Niyazov has been in power since the 1992 presidential elections. In 1999 he was made president for life. However, Niyazov has announced that presidential elections might be held in 2007-2008.1 Local monitors have noted that it is no longer necessary for President Niyazov to run for presidency as the August 2003 constitutional amendments, which concentrated power in the People’s Council (Halk Maslahaty), also secured him a central position in Turkmen political life in the future. Although state power in the country was officially divided into three branches, legislative power was fully subordinated to the executive. Everyday affairs were run by the Cabinet of Ministers, which was appointed and chaired by President Niyazov. The appointment of judges and the prosecutor general also had to be approved by the president.2 Any political opposition was excluded from all political processes. The so-called parliament was dominated by the Democratic Party of Turkmenistan, which in 1991 inherited the ruling status and property of the Communist Party of Turkmenistan. Niyazov was confirmed in his position as the chairman of the party.3 The National Assembly (Milli Majlis), consists of 50 representatives, who are elected in their constituencies on a single-mandate basis. The second body of the legislative power, the People's Council comprises of the president, members of parliament, the chairman of the Supreme Court, the prosecutor general, government members, representatives of various levels of regional and local administration, heads of parties and public organizations, as well as members of the Elder’s Congress. According to the constitutional amendments adopted in August 2003, the People’s Council became the highest authority in the country factually abolishing the nominal division of powers in the legislative, executive and judicial branches.4 President Niyazov is considered a party functionary of the old Soviet school. Since Turkmenistan’s independence, he has created a powerful personality cult, which has reached grotesque proportions. In 1993 the National Assembly granted him the title “Head of all Turkmen,” or Turkmenbashi. His 400-page Book of the Soul or Rukhnama, the “new national spiritual and moral code,” was declared to be as important as the Bible and the Koran.5 Turkmen citizens were required to learn it and swear allegiance to it. The police force and the Ministry for National Security served as the authorities’ tools to curtail the rights of individuals and their political and civil liberties. Activists of the political opposition were subjected to arbitrary arrests and/or prolonged pre-trial detention. Political repression was excessive in the aftermath of the alleged assassination attempt on President Niyazov’s motorcade on 25 November 2002, which the president escaped unharmed. However, there were speculations that Niyazov himself had orchestrated the attack in order to justify 1 Muslim Uzbekistan, “Turkmen Presidential Elections Likely to be Held in 2007-2008,” 9 July 2002, at http://www.muslimuzbekistan.com/eng/ennews/2002/07/ennews09072002_3.html 2 Curtis, “Kazakhstan, Kyrgyzstan …”, cited in Conflict Studies Research Centre, Michael Fredholm, “The Prospects For Internal Unrest in Turkmenistan,” April 2003, p. 5. 3 Ibid., p. 6. 4 Interfax, 20 August 2003, in IHF, OSCE Human Dimension Implementation Meeting, Interventions and Recommendations by the International Helsinki Federation for Human Rights (IHF), Warsaw, October 6-17, 2003, at http://www.ihf-hr.org/documents/doc_summary.php?sec_id=3&d_id=3697. 5 Amnesty International, Annual Report 2002, at http://web.amnesty.org/web/ar2002.nsf/eur/turkmenistan!Open 1 new repressive measures on his political opponents which he launched immediately following the incident and which resulted in a new wave of gross human rights violations. The Niyazov regime continued to show a significant reluctance to promote development of economic liberties and to implement market reforms.6 The country has extensive gas and oil resources and therefore great potential to develop economic welfare but so far has failed to make proper use of them. According to the World Bank, absolute poverty—i.e. the percentage of people who lived on less than €1.80 per day—was only 7% in Turkmenistan. However, about half of the population lived on less than the minimum wage. Basic goods, including water, energy, and bread, were rationed. As a response to the country’s near complete lack of political and economic liberalization, western development banks have largely stopped lending to Turkmenistan. The European Bank for Reconstruction and Development (EBRD) has described Turkmenistan as “the least advanced in terms of economic reforms of the 27 post-Communist countries” in which it operates.7 Elections Independent Turkmenistan has a history of flawed elections and referenda, which have fallen short of all international standards for free and fair elections. The 6 April 2003 elections for both municipal executive committees and the country’s highest representative organ, the People’s Council, followed the same pattern. President Niyazov declared the elections two years ahead of schedule, a move that he was suspected to have taken in order to eradicate any opposition from parliamentarians and members of government as a result of reallocation of posts.8 The elections for local governments and to the People’s Council could also be seen as part of President Niyazov’s attempt to boost his democratic image by officially proclaiming regular democratic elections, starting at the local level and culminating in the presidential elections later on.9 While Turkmenistan’s Central Election Commission reported elections of “high standard,”10 the OSCE centre in Ashgabat stated that the 6 April elections violated all principles of western democracy.11 Most Turkmen knew nothing about the elections. They were officially announced in just over 30 words in the state-owned Turkmen daily Neitralnyi Turkmenistan in January, but following that very little information was available about them. There was no election campaign, and the state media failed to inform citizens about the candidates. Alternative parties and individual candidates, besides the country’s single officially registered party, Niyazov’s Democratic Party of Turkmenistan, were excluded from political balloting. 12 The majority of seats in the People’s Council13 were distributed among state officials of different power echelons. Only 65 MPs could be elected by the Turkmen citizens. 140 contenders 6 Freedom House, “Nations in Transit 2003: Turkmenistan,” 4 August 2003, p. 591-594. 7 Ibid. 8 Daphne Ter-Sakarian, cited in RFE/RL, Bruce Pannier, “Turkmenistan: President Calls For Early Parliamentary Elections,” at http://www.rferl.org/nca/features/2003/01/09012003180626.asp. 9 Turkmenistan Daily Digest, “Local Elections Held In Turkmenistan,” 7 April 2003, at http://www.eurasianet.org/resource/turkmenistan/hypermail/200304/0019.shtml. 10 Turkmenistan Daily Digest, “Turkmenistan Claim Near 100-Percent Election Turnout,” at http://www.eurasianet.org/resource/turkmenistan/hypermail/200304/0025.shtml. 11 Centran, “OSCE Criticized the Local Elections in Turkmenistan,” 7 April 2003, at http://www.centran.ru/cgi- bin/index.pl?cal=2003-04-07. 12 Bruce Pannier, “Turkmenistan: President Calls for Early Parliamentary Elections”, 9 January 2003, at http://www.rferl.org/nca/features/2003/01/09012003180626.asp and “Turkmenistan: People Prepare To Vote – But For Whom?” at http://www.rferl.org/nca/features/2003/03/14032003151129.asp. 13 According to the August 2003 amendments to the Constitution, the People’s Council has 2,507 seats. Konstituzinnyj zakon Turkmenistana o Halk Maslahaty Turkmenistana (Constitutional Law of Turkmenistan on the Halk Maslahaty of Turkmenistan), 15 August 2003. 2 competed for these 65 seats, among them 18 women. All candidates were nominated by the presidential administration. In the local elections, 5,535 MPs were elected out of 6,323 candidates, again nominated by the presidential administration and the Ministry for National Security. Their Turkmen nationality, loyalty to the president, a commendable service record, and the absence of convicted ancestors were closely scrutinized. Many candidates were selected among the members of the Ministry for National Security to fill power positions at all levels, a practice which made independent decision-making impossible for deputies.14 According to the Central Election Commission, 99.8% of eligible voters took part in the balloting15 but the real figure was believed to be considerably lower. In order to raise the voter turnout, members of election commissions took ballot boxes right to people’s homes and persuaded people to vote.16 Fearing the consequences if they refused, people cast their ballot for names on the list of candidates without knowing who these people actually were. Constitutional Amendments The repressive state machinery created by President Niyazov demolished all attributes of a democratic state. The August 2003
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