Kyrgyzstan begins debate on return of death penalty

The presidential administration in Kyrgyzstan has initiated a public discussion on a draft law proposing amendments to the Constitution that would reintroduce the death penalty.

The document proposes allowing capital punishment for the crimes of child rape and murder accompanied by rape.

Specifically, the first part of Article 25 of the Constitution is to be revised: while it maintains the fundamental right to life, an exception would be introduced permitting the death penalty in these particularly serious cases

The initiative also includes repealing the 2010 law by which Kyrgyzstan acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which aims to abolish the death penalty.

If the amendments are adopted, the Ministry of Foreign Affairs would be required to notify the United Nations of the country’s withdrawal from the relevant international obligations.

Corresponding changes would also be made to the Criminal Code, the Criminal Procedure Code and the Penal Enforcement Code.

The authors of the draft law justify the return of capital punishment by citing a rise in crimes against women and children.

According to data from the General Prosecutor’s Office, 43 murders of women and children were recorded in 2024, and 28 such cases had already been registered in the first eight months of 2025.

In 2024, there were 107 recorded rape cases, 88 of which involved minors. However, the document notes that official statistics do not reflect the full picture, as many crimes go unreported due to victims’ fear of public exposure.

The accompanying explanatory note stresses the need to draw a "clear line", beyond which any violent act against children or women must be met with the harshest punishment.

The authors argue that reintroducing the death penalty would not contradict international standards, since the International Covenant on Civil and Political Rights permits its application for "the most serious crimes", provided that legal safeguards are observed and the punishment is applied in exceptional circumstances.

Public discussion of the draft law is taking place on the portal koomtalkuu.gov.kg, and the initiative has sparked significant public reaction.

It was prompted by the murder of 17-year-old Aisuluu M., which triggered widespread outrage.

Opinions among experts and social media users are divided: some support tougher penalties, while others question the effectiveness of the death penalty and raise concerns about potential human rights violations.

President Sadyr Japarov has stated that the issue should be decided solely through a national referendum.

Human rights advocates, meanwhile, point out that the death penalty does not guarantee protection from violent offenders.

They highlight systemic weaknesses in mechanisms designed to protect women and children and recommend the development of a national programme focused on preventing violence, training law enforcement personnel, and providing comprehensive support for victims.

In summary, the draft law on reintroducing the death penalty in Kyrgyzstan has become the subject of serious public and expert debate, revealing a complex tension between the need to protect citizens and the country’s international human rights commitments.

After the public discussion concludes, the document will be submitted to the Jogorku Kenesh (parliament) and, if approved, put to a nationwide referendum.

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