[Legislationline Note: This background paper contains an entry on Kyrgyzstan, as death sentences were imposed prior to the abolishment of the death penalty in 2007]

Status: abolitionist since June 2007

Legal Framework

On 9 November 2006, Kyrgyzstan adopted a new Constitution that abolishes the death penalty.(Art. 14 of the Constitution, 15 January 2007)

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[Legislationline Note: This background paper contains an entry on Kyrgyzstan, as death sentences were imposed prior to the abolishment of the death penalty in 2007]

Status: abolitionist since June 2007

Legal Framework

On 9 November 2006, Kyrgyzstan adopted a new Constitution that abolishes the death penalty.(Art. 14 of the Constitution, 15 January 2007)

On 27 June 2007, a number of laws were promulgated that abolish the death penalty in all circumstances and replace it with life imprisonment. The Ministry of Justice has also developed a draft law on accession to the Second Optional Protocol to the ICCPR.

Moratorium

Prior to the abolition of the death penalty, a moratorium on executions had been in force since 8 December 1998. It was renewed on an annual basis. On 29 December 2005, it was extended indefinitely until the complete abolition of the death penalty.(Presidential Decree No. 667 “On prolongation of the term of the moratorium on execution of the death penalty in the Kyrgyz Republic”, 29 December 2005)

Statistics

Death sentences

Official statistics were not provided. The government treats information on the number and identity of individuals subject to the moratorium as confidential. (According to the Institute for War and Peace Reporting, there were 174 people on death row as of July 2007. See Institute for War and Peace Reporting, “Kyrgyzstan Abolishes Death Penalty”)

International Safeguards

Pregnant women and minors

Women and individuals who were below the age of 18 at the time of the crime cannot be sentenced to death.(Art. 50 (2) of the Criminal Code)

Fair-trial guarantees

On 30 December 2005, after his visit to Kyrgyzstan, the special rapporteur on the independence of judges and lawyers welcomed reforms related to the administration of the justice sector in Kyrgyzstan, but expressed concerns in a number of areas. In particular, he noted that prosecutors played a dominant, including a supervisory, role in the administration of justice and exerted a disproportionate amount of influence over the pre-trial and trial stages of judicial proceedings. He noted that higher-level prosecutors had the executive power to instigate a supervisory review once a case had been closed. He concluded that the procedures related to the appointment, length of tenure, and dismissal of judges prevented the judiciary from operating in a fully independent manner. He also noted the failure to implement the principle of equality of arms. Widespread corruption among the judiciary was also pointed out. ( Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, Addendum, Mission to Kyrgyzstan, U.N. Doc. E/CN.4/2006/52/Add.3, 30 December 2005)

Pardon or commutation

Official statistics on clemencies granted by the president were not provided.

Relevant International Instruments

Updated: 2007

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