Kyrgyzstan: Note on the - 2024 Law on the Right of

3 Kyrgyzstan: Note on 2024 Law on the Right of Access to Information ▪ The scope of Article 21.1(4) should be limited to cases where the public authority does not hold the information and the exclusions in Articles 2.5(1) and 2.5(2) should be removed. [...] Article 8.1 provides: “The right of access to information may be restricted only by law and only to the extent necessary for the purpose of protecting national security, public order, protecting public health and morals, protecting the rights and freedoms of other persons.” This test exactly reflects the language of the test for restrictions on freedom of expression which is found in Article The C. [...] The protections for the independence of the Ombudsman, as set out in the Law on Ombudsman (Akyikatchy) of the Kyrgyz Republic6 (Law on the Ombudsman), are fairly strong although they could be strengthened by adding requirements of expertise to the 6 Kyrgyzstan.pdf. [...] International standards call for them to have the powers to review classified documents, to call witnesses to testify, to inspect the premises of public authorities, to issue binding decisions, to order appropriate remedies, including the declassification of information, and to impose appropriate structural measures on the public authority, such as to provide more training or adopt better records. [...] Neither the RTI Law nor the Law on the Ombudsman provide immunity for staff of the Ombudsman’s office or other officials for acts undertaken in good faith to implement the RTI Law or for the good faith release of information pursuant to the RTI Law.