Rahmatullo Zoirov of the Social-Democratic Party of Tajikistan (SDPT) has been putting this point since the amendment was introduced. Most lawyers agreed with him. However, I doubt that the provision can be enforced because there are many cases similar to this one all over the world, and in most cases heads of states were reluctant to step down.

Many argue that the 2003 Amendment of Article 65 give Rahmonov a right to participate in the election, however forgetting that the same constitutional amendment says in its transitional regulation (article 100) that “election of president for two terms, as stated in article 65, will take effect (will be enforced) only after the termination of competencies and powers of the current President”.

The article 65 again states that the powers of president will terminate once a new president takes oath [at special parliamentary meeting]. The current president is Mr Rahmonov and his power will terminate only after a new president will take oath.

But before his powers terminate, there should be no election according to article 65 (with regulations about one person being able to become president twice).

Until a new president takes oath, and Rahmonov’s powers terminate and new regulation will take effect, the old regulation is effective and elections should take place according to old regulation, which says that one person can become president once only. And in this case Mr. Rahmonov has no right to put forward his candidacy to presidential elections. So, his move is logically and legally anti-constitutional.

Legislation on what? Do you mean more generally (i.e. Uzbekistan sanctions), or in relation to the Tajikistan elections in particular?

At they event they said a transcript would go up shortly at www.csce.gov. I don’t see it yet though…

Really interesting post. I’ll make a translation of it and post it in the Russian section.