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CONSTITUTION OF THE KYRGYZ REPUBLIC

(excerpts)

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Chapter II Human rights and freedoms


Article 21
Everyone shall have an inalienable right to life. No one may be arbitrarily deprived of life.
Death penalty is prohibited.


Article 22
1. No one may be subject to torture as well as other inhuman, cruel and degrading forms of
treatment or punishment.
2. Each person deprived of liberty shall have the right to human treatment and respect of human
dignity.
3. Conducting of medical, biological or psychological experiments on people without their duly
expressed and verified voluntary consent is prohibited.

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Article 24
1. Everyone shall have the right to freedom and personal immunity.
2. No one may be deprived of freedom solely for his / her inability to meet a contractual obligation.
3. No one may be arrested, kept in custody or be deprived of freedom except by court decision
and solely on the basis of and in accordance with the procedures established by the law.
4. No one may be detained in custody for more than 48 hours without the court ruling.
Anyone detained person should be promptly or in any case until expiration of 48 hours since the
moment of detention should be delivered to court in order to decide the issue on the legality of his/her
detention.
In certain cases the lay may provide for shorter terms of detention.
Any detained person has the right to review the legality of detention in accordance with the
rules and periodicity established by law. In the event that the grounds for detention ceases to be valid,
such person should be immediately released.
5. Any detained person shall be informed urgently of the grounds for his/her detention, have
rights explained and ensured, including the right of medical inspection and assistance from the doctor.
6. Since the moment of actual detention a person should be kept safe, such person shall be granted
an opportunity to protect himself/herself personally, enjoy qualified legal aid from a lawyer as well as
have an attorney.
7. The right to exemption from criminal liability for committed crimes for which the statute of
limitation is expired may be determined by the law.

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Article 26
1. Everyone shall be presumed innocent of committing a crime until found guilty in accordance
with the law and his/her guilt was ascertained by a court verdict having entered into force. The
violation of this principle shall serve a basis for the compensation of material and moral damage
through a court.
2. No one should prove his/her innocence. Any doubts in respect of culpability shall be
interpreted for the benefit of the accused.
3. No one shall be convicted of a crime solely on the basis of his/her own confession in having
committed an offense.
4. The burden of proof of guilt in criminal case shall be on the accuser. Evidence obtained in
violation of the law shall not be used for the justification of the accusation and delivery of court
verdict.
5. No one shall be obliged to testify against themselves, his/her spouse or close relatives as
determined by law. The law may provide for other cases in which they are relieved from the
obligation to testify.
6. Everyone shall have the right to have their case examined by a court with the participation of
jurors in cases stipulated by law.

Article 27
1. Each convicted person shall have the right to a reconsideration of his/her case by a higher
court in accordance with the provisions of law.
2. Each convicted person shall have the right to seek a pardon or alleviation of punishment.
3. No one shall bear repeated legal liability for one and the same offense.


Article 28
1. A law establishing or aggravating the liability of a person shall not have retroactive force. No
one may be held guilty of any act which did not constitute a criminal offence at the time when it had
been committed. In the event that after committing an offence, provision is made for the removal of
the liability or imposing of a lighter penalty, then the new law shall be applied.
2. Application of the criminal law by analogy shall not be permitted.

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Article 40
1. Everyone shall be guaranteed judicial protection of his/her rights and freedoms envisaged in
the present Constitution, laws, international treaties to which the Kyrgyz Republic is a party as well as
universally recognized principles and norms of international law.
The state shall ensure the development of extrajudicial and pre-trial methods, forms and means
to protect human and civil rights and freedoms.
2. Everyone shall have the right to protect his/her rights and freedoms by any means that are not
prohibited by law.
3. Everyone shall have the right to be provided with qualified legal aid. In cases provided for in
the law, legal aid is rendered at the expense of the state.

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SECTION VI JUDICIAL POWER IN THE KYRGYZ REPUBLIC 

Article 93
1. Justice in the Kyrgyz Republic shall be administered only by a court.
In cases and under the procedures envisaged in the law, the citizens of the Kyrgyz Republic
shall have the right to participate in the administration of justice.
2. Judicial power shall be exercised by means of constitutional, civil, criminal, administrative
and other forms of legal proceedings.
3. The judicial system of the Kyrgyz Republic shall be defined in the Constitution and laws and
shall consist of the Supreme Court and local courts.
The Constitutional Chamber shall act as part of the Supreme Court.
Specialized courts may be established by the law.
Creation of extraordinary courts shall not be permitted.
5. The organization and procedures of courts shall be defined by law.

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Article 99
1. The cases in all courts shall be heard in an open manner. The hearing of a case in closed
session shall be permitted only in cases provided for in the law. The decision of the court shall be
announced publicly.
2. Trial in absentia in criminal or other cases in courts shall not be permitted except in the cases
provided for by the law.
3. Judicial proceedings shall be administered on the basis of the adversarial principle and
equality of the parties.
4. A judicial act may be annulled, changed or suspended by a court under the procedure
established by law.
5. The procedural rights of parties in the process including the right to appeal against decisions,
verdicts and other judicial acts as well as the procedure for exercising those rights shall be defined by
law.

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