Equality Now and Bir Duino Kyrgyzstan oppose reinstatement of the death penalty

Kyrgyzstan must maintain the progress it has made and reject the return of the death penalty

We express our deep concern over the assignment by the President of the Kyrgyz Republic to prepare amendments to the legislation providing for the reintroduction of the death penalty.

The brutal rape and murder of the minor Aisuluu has horrified us all.  We share in society’s grief and pain. Sexual violence against children and women is one of the most serious and traumatic forms of crime. It inflicts lasting harm on survivors, their families, and society as a whole.  We thank the head of state for his willingness to respond to the pain and concern of society, as well as for the steps being taken to strengthen the protection of women and children. It is important for us that the state recognises the depth of this problem and expresses its willingness to seek ways to solve it.

At the same time, we are convinced that the return of the death penalty is not a solution to the problem.

Why is the death penalty not a solution?

Kyrgyzstan has already taken an important step forward. The abolition of the death penalty in 2007 was a historic achievement in the field of human rights protection and recognition of the right to life as the highest value. In addition, in 2010, Kyrgyzstan acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which provides for the abolition of the death penalty. A return to this punishment would be a step backwards and would contradict the country’s Constitution and international obligations.

The UN’s position:

“The United Nations opposes the use of the death penalty in all circumstances. Worldwide, the abolition of the death penalty is essential for the promotion of human dignity and the progressive development of human rights.

There is a growing consensus on the universal abolition of the death penalty. Around 170 states have either abolished the death penalty or imposed a moratorium on its use in law or in practice. … The death penalty is still used in a small number of countries, mainly because of the myth that it prevents crime.”

The death penalty does not prevent crime. International experience and research confirm that harsh punishment alone does not reduce the level of sexual violence. The leading problems in addressing sexual violence are ineffective investigations, barriers to access to justice and the lack of systematic prevention measures. Sexual violence is characterised by exploitations of positions of power, inequality and gender inequality, lack of acknowledgement of and respect for women’s equality and equal rights, secrecy and taboo, as well as a lack of effective mechanisms for detection and response. And while penalties should be commensurate with the seriousness of the crime and not permit impunity, the return of the death penalty will not solve the root problems.

International bodies recommend other measures. The UN Human Rights Committee, the UN Committee Against Torture, the UN Committee on the Elimination of Discrimination Against Women, and other international human rights mechanisms have repeatedly pointed out to Kyrgyzstan the need to improve legislation, enhance the quality of investigations, and ensure that victims have access to justice and support.

Moreover, we believe that introducing the death penalty for sexual offences would not serve the purposes of justice and is unlikely to increase the accountability of perpetrators. On the contrary, there is a high risk that it would compel the judiciary to apply excessively strict and burdensome standards of proof, particularly in rape cases. The death penalty as a last resort increases the fear of judicial error, so judges and prosecutors will be inclined to demand irrefutable evidence — confessions from the accused or direct material evidence — whereas in cases of sexual violence, the victim’s testimony is often the only key piece of evidence. As a result, such cases are less likely to reach court, which will only increase the level of impunity.

What is really needed

We are convinced that to combat sexual violence effectively, the state needs to:

• Reform legislation and law enforcement agencies. Bring the Criminal Code and the Code of Criminal Procedure into line with international standards: establish consent as a key element in the definition of rape and eliminate discriminatory and outdated norms.
• Effective detection. Create a system in which victims are not afraid to report to law enforcement agencies and are confident that they will receive help and protection.
• Effective investigation and justice. Strengthen the training of investigators, prosecutors and judges; develop special methodological guidelines; introduce the practice of taking into account the interests of victims at all stages of the process.
• Access to justice and protection for victims. Provide legal, medical and psychological assistance; create mechanisms for individual assessment of the needs of victims, including women and girls with disabilities.
• Prevention of violence. Strengthen prevention measures, including education, community outreach, and programmes for young people and men.

Our appeal

We share the state’s desire to strengthen the protection of the most vulnerable groups and thank the President for his attention to this issue. At the same time, we are convinced that Kyrgyzstan must maintain the progress it has achieved and refrain from reinstating the death penalty.

We call on the authorities to focus their efforts on reforms that will truly ensure the safety of women and children, implement the recommendations of international bodies, and strengthen public confidence in the justice system.

The protection of women’s and children’s rights cannot come at the cost of other fundamental human rights. It is important for Kyrgyzstan to continue moving forward, building a fair and humane system capable of truly protecting its citizens.

We express our willingness to cooperate with state authorities and are happy to assist in developing the necessary reforms, implementing international recommendations, and improving the system for protecting women and children from sexual violence.

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