Date of publication:

06/08/2025

Kyrgyzstan

Do domestic laws and policies provide the right of recourse to effective administrative or judicial remedies, for forcibly displaced and stateless persons who are denied the choice of residence?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The legislation of the Kyrgyz Republic guarantees refugees legally staying in the country the protection of their rights and freedoms, including the right to appeal to the court if they are violated. The Constitution of the Kyrgyz Republic in Article 52 establishes that foreign citizens and stateless persons have the same rights and obligations as citizens of the republic, except for cases stipulated by laws or international treaties. This includes the right to judicial protection, confirmed in Article 61, according to which everyone has the right to protect their rights in court. The state is also obliged to promote the development of extra-judicial and pre-trial methods of protecting rights, ensuring access to justice for everyone. 

In accordance with the Constitutional Law "On the Supreme Court and Local Courts" of November 15, 2021 № 134, Article 3 enshrines the principle of equality of all before the law and the court. This guarantees a fair and impartial consideration of cases, as well as the right of everyone, including refugees and stateless persons, to apply to the court to protect their rights. 

The Law of the Kyrgyz Republic "On Refugees" of March 25, 2002 №44 in Article 6 additionally confirms the right of persons who have applied for recognition as refugees and refugees to judicial protection in the event of violation of their rights. This law, in line with the country's international obligations, prohibits discrimination on the basis of refugee status and ensures equal treatment for all. 

According to Article 20 of the Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens" of December 14, 1993 №1296-XII, foreign citizens have the right to apply to the court and other state bodies to protect their personal, property, family and other rights. In court proceedings, they enjoy the same procedural rights as citizens of the Kyrgyz Republic. 

Asylum seekers and refugees have the right to appeal the actions or inaction of state bodies carrying out administrative activities. Administrative activities are understood as the actions of administrative bodies that have an external impact and end with the issuance of administrative acts, as well as actions or inactions that entail legal and/or factual consequences for individuals or legal entities. Appealing such actions or inactions may be carried out in higher authorities and/or in court in accordance with the provisions of the Law on Administrative Procedures of July 31, 2015 №210. 

Thus, the legislation of the Kyrgyz Republic provides refugees and stateless persons with the right to judicial and administrative protection in the event of violation of their rights, regardless of their status. These norms are consistent with international human rights standards and the country's obligations, guaranteeing equality before the law and access to justice for all. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of the Kyrgyz Republic

    Legal provision

    Article 24 - Non discrimination

    1. The Kyrgyz Republic shall ensure the protection of the rights and freedoms of all persons within its territory and under its jurisdiction. No one shall be discriminated against on the basis of gender, race, language, disability, ethnicity, religion, age, political or other beliefs, education, origin, property or other status, or other circumstances. Persons who have committed discrimination shall be held accountable in accordance with the law. Special measures established by law and aimed at ensuring equal opportunities for various social groups in accordance with international obligations shall not constitute discrimination. 2. In the Kyrgyz Republic, everyone is equal before the law and the court. 3. In the Kyrgyz Republic, men and women have equal rights and freedoms and equal opportunities for their realization.

    The Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens"

    Legal provision

    Article 20 - Protection of the rights of foreign citizens

    Foreign citizens in the Kyrgyz Republic have the right to appeal to the court and other state bodies to protect their personal, property, family and other rights. They enjoy procedural rights in court on an equal basis with citizens of the Kyrgyz Republic.

    The Law of the Kyrgyz Republic on Refugees

    Legal provision

    Article 6 - Rights and obligations of a person who has applied for recognition as a refugee

    A person applying for recognition as a refugee in the Kyrgyz Republic and his family members have the right to: - move freely throughout the territory of the Kyrgyz Republic, with the exception of areas closed to foreign citizens in accordance with the legislation of the Kyrgyz Republic; - reside in a place of temporary settlement and use public utilities; - use medical care; - to have the Kyrgyz Republic assist in obtaining information about relatives living in the country of citizenship; - to voluntarily return to the country of citizenship; - to leave for a place of residence in a foreign country; - to be provided with judicial protection; - to receive an education; - to receive the services of an interpreter; - to be exempt from paying expenses related to the consideration of an application for refugee status at all stages.

    Article 13 - Rights and obligations of a refugee in the Kyrgyz Republic

    A person recognized as a refugee in the Kyrgyz Republic enjoys the same rights and bears the same obligations as foreign citizens permanently residing in the Kyrgyz Republic. A person recognized as a refugee in the Kyrgyz Republic shall also be granted the rights and obligations of a person applying for refugee status, as stipulated by Article 6 of this Law. A person recognized as a refugee in the Kyrgyz Republic and his family members shall have the right to: - reside for three months in a temporary settlement; - choose a settlement from among those proposed by the Authorized Body in which his relatives reside as their place of permanent residence, subject to their consent to cohabitation; - work for hire or engage in entrepreneurial activity in accordance with the legislation of the Kyrgyz Republic; - acquire real estate under the conditions established for foreign citizens and stateless persons by the legislation of the Kyrgyz Republic; - receive, with the assistance of the relevant state bodies of the Kyrgyz Republic, information about property left behind in the state of previous residence; - have the necessary documents proving his identity and travel documents; - to receive medical care on an equal basis with citizens of the Kyrgyz Republic; - to receive administrative assistance when applying to state bodies of the Kyrgyz Republic; - to mandatory registration of civil status acts and receipt of relevant documents.