On September 10, the Bishkek City Court upheld convictions against former security chief Kamchybek Tashiyev and seven others, but changed the offense from plotting to overthrow the government to interfering with electoral rights. All eight had been convicted in July of plotting the violent overthrow of the government. They received four-year prison sentences, replaced by three years of probation.

The change has added to the confusion surrounding the alleged plot. On September 14, Tashiyev’s lawyer asked the Prosecutor General’s Office to investigate the appeal judges’ actions, saying the defense had received no warning of the new charge.

The Letter of 75

The saga started in February, when a group of 75 prominent figures in Kyrgyzstan released an open letter calling on President Japarov to call for an early presidential election.

The group argued that Japarov was elected in January 2021 under the terms of the previous constitution, which allowed a president one six-year term in office.

Several months after Japarov was elected, the country approved a new constitution that gave an individual the right to be elected to two five-year terms as president.

Within hours of the letter’s publication, the authorities started rounding up some of the authors of the letter, and President Japarov dismissed his long-time friend Tashiyev as security chief.

Japarov said he dismissed Tashiyev to “prevent a split in society,” and for weeks after that, the Kyrgyz president was evasive about the exact reason for sacking a man Japarov continued to call his close friend.

In an interview in late April, parliamentary deputy Elvira Surabaldiyeva was the first Kyrgyz official to clarify that Tashiyev was being charged with planning a coup.

The trial opened on June 15. Tashiyev’s co-defendants were former Prosecutor General Kurmankul Zulushev, former Parliamentary Speaker Nurlanbek Turgunbek uulu, former Deputy Interior Minister Kursan Asanov, former Deputy Prime Minister Aaly Karashev, and politicians Emilbek Uzakbayev, Bekbolot Talgarbekov, and Kurmanbek Dyykanbayev.

On July 2, all eight were found guilty of plotting the violent overthrow of the government. The court imposed four-year prison sentences and ordered confiscation of their property, but replaced imprisonment with three years of probation.

Most of the defendants and the prosecution appealed the court decision, setting the stage for the court ruling on September 10.

Still Guilty, but of Something Different

The prosecution sought to have the sentences increased to nine years in prison for all the defendants. The defendants, of course, wanted to be exonerated.

On September 10, the Bishkek City Court rendered its verdict. All eight defendants were declared guilty, but not of attempting to overthrow the government.

They were guilty of “interfering with exercising voting rights.”

The court retained the four-year prison terms but again allowed all eight defendants to serve probation instead. It reduced probation from three years to two and lifted the property confiscation order.

Zulushev’s lawyer has said he will appeal to the Supreme Court. Tashiyev’s lawyer has separately asked prosecutors to investigate the appeal judges’ actions, arguing that his client was convicted on a charge the defense had no opportunity to address.

Who Is Writing This Script?

Kyrgyzstan’s courtrooms have not been impartial in previous cases, and both President Japarov and his former friend Tashiyev know this better than most.

The two, along with another friend, Talant Mamytov, were on trial in 2013 for trying to overthrow the government. Outside the courtroom, their supporters attempted, sometimes violently, to disrupt the proceedings. On March 29, 2013, the three were found guilty. Japarov and Tashiyev were sentenced to 18 months in prison, Mamytov to one year.

The three were acquitted on appeal in June 2013. One of the judges was Kurmankul Zulushev, now one of Tashiyev’s co-defendants in the Letter of 75 case. The Supreme Court overturned those acquittals two months later, but ruled that the three did not have to return to prison.

Japarov later served a prison sentence in a separate hostage-taking case. Supporters freed him during the October 2020 unrest, after which he rose to power and won the January 2021 presidential election.

Other Kyrgyz presidents have used the court system to imprison political opponents and silence media outlets criticizing state decisions or reporting on corrupt officials. All these presidents have, however, said repeatedly that the courts are independent.

The constitution passed in 2021 gives Japarov a substantial role in judicial appointments, but not sole authority over them. Under Article 70, section 4, he appoints local judges based on nominations from the Council of Justice. Supreme Court and Constitutional Court judges are elected by parliament following nominations submitted through the president.

That history raises questions about political influence over the case, although it does not establish that Japarov directed this ruling.

Changing the charge from plotting to overthrow the government to interfering in the election process could offer a way to bring the confrontation to an end. If Tashiyev accepts the punishment for the lesser offense, he would remain under probation supervision for two years and retain his property and assets.

The conviction, while it remains unspent, prevents him from running for president.

That keeps Tashiyev out of the January 2027 presidential election, though a challenge to Japarov already seemed unlikely given the events since February.

Tashiyev’s response to the ruling will indicate whether he is prepared to accept the outcome or continue challenging it, and whether Japarov will use his power and influence to attempt to force a conclusion.