Lawyers from Adilet Legal Clinic have analyzed the draft law on amendments to the Constitution of Kyrgyzstan, initiated by the Presidential Administration, and deemed it premature and legally unacceptable.
According to the Clinic, the authorities’ intention to reinstate the death penalty in Kyrgyzstan contradicts the country’s international commitments. The draft law prepared by the Presidential Administration allows for the application of the death penalty for rape and murder accompanied by rape, against any individuals—not only in cases of crimes against children and women.
The lawyers describe the initiative as «premature and legally inadmissible,» as it violates Kyrgyzstan’s obligations under the Second Optional Protocol to the International Covenant on Civil and Political Rights, which aims at the abolition of the death penalty.
They emphasize that withdrawal from this protocol is impossible, since it does not provide any mechanism for denunciation.
«The wording of the draft law allows for the imposition of the death penalty for rape and murder accompanied by rape against any individuals, not only in cases involving children and women, as stated in the background statement. This significantly expands the scope of application of the death penalty, creates a risk of arbitrary interpretation, and contradicts the principles of humanity, justice, and proportionality of punishment enshrined in the Constitution and international human rights instruments,» the Adilet lawyers noted.
Experts also pointed out that the death penalty has not proven effective in preventing serious crimes.
They stressed that combating sexualized violence against women and children requires a comprehensive approach focused on victim protection, including improving investigations and the professional training of law enforcement officers.
Earlier, international organizations also condemned the Kyrgyz government’s proposal to reinstate capital punishment.
President of Kyrgyzstan Sadyr Japarov proposed reinstating the death penalty for particularly serious crimes against children and women. The initiative was prompted by the murder of 17-year-old Aisuluu Mukasheva, who was abducted and raped on September 27. This tragedy sparked widespread public outcry.
Amendments to the Constitution of Kyrgyzstan, which provide for the reintroduction of the death penalty, have already been submitted for public discussion.
Kyrgyzstan also plans to withdraw its ratification of the UN Protocol abolishing the death penalty.
