DUSHANBE, December 9 2009, Asia-Plus — The Constitutional Court of Tajikistan has upheld decision by the Central Commission for Elections and Referenda (CCER) that prohibited the Islamic Revival Party from nominating another candidate to replace Muhammadsharif Himmatzoda who represented the party in the Majlisi Namoyandagon (Tajikistan’s lower chamber of parliament).
We will recall that disabled MP Himmatzoda resigned in April this year in protest after some of his benefits were revoked. Mr. Himmatzoda, who is unable to walk, was refused transport services that had been previously provided to him after he wrote articles critical of the country”s controversial new law on religion and religious associations.
On April 22, the Majlisi Namoyandagon endorsed resolution on early termination of powers of deputy of the Majlisi Namoyandagon Muhammadsharif Himmatzoda for health matters.
On May 25 2009, the CCER officially refused IRPT’s application for nomination of new candidate to replace Himmatzoda in parliament and in June this year, the party filed a suit in the Supreme Court of Tajikistan against CCER’s decision but the Supreme Court rejected its appeal.
Chairman of the Constitutional Court Mahkam Mahmoudov says the Constitutional Court is not authorized to revoke decisions adopted by the Central Commission for Elections and Referenda.
Dispute between the IRPT and the CCER is over Article 57 of the Constitutional Law on “Elections to the Majlisi Oli (Tajikistan’s parliament).”
The Islamic Revival Party refers to Point 2 of this Article, which, in particular, says that in case of early termination of powers of deputy of the Majlisi Namoyandagon who came to the parliament from party list, by CCER’s decision his parliamentary mandate is handed over to candidate who follows the resigned MP on the party list.
For its part, the Central Commission for Elections and Referenda refers to Point 4 of this Article, noting that in case of resignation of member of the Majlisi Milli (Tajikistan’s upper chamber of parliament) and deputy of the Majlisi Namoyandagon in less than a year before termination of powers of the Majlisi Milli and the Majlisi Namoyandagon the country will not hold election of new member of the Majlisi Milli or new deputy of the Majlisi Namoyandagon.
Muhammadsharif Himmatzoda was elected to the Majlisi Namoyandagon through the IRPT list.
The IRPT had two seats in the Majlisi Namoyandagon – Muhiddin Kabiri and Muhammadsharif Himmatzoda; both of them came to the parliament from the party list.
Of 63 seats in the Majlisi Namoyandagon, 22 seats come from party lists. The remainder is elected in first-past-the-post races. The Islamic Revival Party had a party list of only 15 candidates for the 2005 parliamentary elections, while 20 of the party’s representatives ran individual constituencies.
