Kyrgyzstan to decide on death penalty reinstatement through national referendum

President Sadyr Japarov of Kyrgyzstan has announced that the question of reinstating the death penalty in the country will be resolved solely through a nationwide referendum.

In an interview with the Kabar news agency, Japarov emphasised that although the death penalty is currently prohibited by the Constitution, every individual has the fundamental right to life and security.

He acknowledged growing public demand for the death penalty, particularly as a means to protect the rights of women and children.

According to the President, the issue must be addressed through legislation.

At the initial stage, a draft constitutional amendment is expected to be discussed at public forums, followed by a formal review by the Constitutional Court. If the court’s opinion is favourable, the matter will be put to a public vote in a referendum.

Japarov explained that should a majority of voters support reinstatement, the newly elected Jogorku Kenesh (parliament) will proceed to pass laws facilitating the country’s withdrawal from international agreements and amend current legislation accordingly.

The call for reintroducing capital punishment has been fuelled by rising incidents of violent crimes, including sexual offences against minors and murders in the country.

President Japarov cited statistical data reflecting this increase and expressed the view that the death penalty could serve as a deterrent, though he stressed the necessity of a carefully considered approach.

In addition, the President highlighted the importance of securing incontrovertible evidence, such as video recordings, and proposed broadcasting trials live to ensure transparency and public trust.

The brutal murder of 17-year-old Aisuluu Mukasheva in the Issyk-Kul region has reignited nationwide debate over capital punishment in Kyrgyzstan.

Aisuluu disappeared on 27 September while travelling from Barskoon village in Jeti-Oguz district to Karakol. CCTV footage captured her entering a Honda Stream vehicle driven by a 41-year-old man identified as A.K.

Relatives reported her disappearance to the police on the same day, prompting the launch of a nationwide search operation. Two days later, Aisuluu’s body was found in the Boom Gorge of Kemin district, Chui region.

Investigations revealed that she had been raped and strangled before her body was discarded from a height and concealed with grass.

The Supreme Court disclosed that the suspect who had a criminal record, including a 2016 conviction for fraud, battery and false imprisonment, was originally sentenced to 12 years in prison.

However, the Bishkek City Court later reclassified the charges to lesser offences - illegal detention and causing grievous bodily harm by negligence - resulting in a reduced sentence of seven years, which he served in full.

The tragic case has sparked widespread public outrage and intense discussion on social media, with many calling for the death penalty’s reinstatement and harsher penalties for crimes against women and children.

Proposed constitutional amendments are already being referred to as the "Aisuluu Law," reflecting hopes that this tragedy will lead to meaningful legal reform.

President Japarov confirmed that the investigation into Aisuluu’s murder remains under his direct supervision. He has instructed the administration to prepare legislative amendments to allow for the return of the death penalty specifically for murder and rape of minors.

Since 1998, Kyrgyzstan has observed a moratorium on the death penalty. It was formally abolished in the 2006 Constitution and replaced by life imprisonment.

Attempts to reinstate capital punishment resurfaced in 2023, but the proposed constitutional amendments did not reach parliamentary consideration.

As Kyrgyzstan stands at a crossroads regarding its criminal justice policies, the forthcoming referendum will test the balance between international human rights commitments and domestic demands for justice and security.

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