Date of publication:
01/07/2026
Kyrgyzstan
Do domestic laws and policies provide for protection from refoulement?
Assessment by population
Analysis
The legislation of the Kyrgyz Republic contains provisions that guarantee the protection of the rights of asylum seekers and refugees. The main provisions governing the extradition and expulsion of such persons are contained in the Law on Refugees of March 25, 2002, № 44, and the Criminal Procedure Code of the Kyrgyz Republic of October 28, 2021, № 129.
Article 12 of the Law on Refugees establishes the key principle that a refugee cannot be returned against his will to the country he left due to the threat of persecution. This provision reflects the international principle of non-refoulement enshrined in the 1951 UN Convention Relating to the Status of Refugees, which prohibits the return of refugees to countries where their life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group, or political opinion.
However, the legislation provides for exceptions to this principle. A refugee may be expelled to the country of origin if he or she poses a threat to national security or has been convicted of a particularly serious crime by a final and binding court verdict. Such exceptions are consistent with international practice, where the protection of refugees’ rights may be limited in the event of a threat to national security or public order. In addition, Article 532 of the Criminal Procedure Code of the Kyrgyz Republic establishes provisions on the inadmissibility of extradition of persons who have been granted asylum in the Kyrgyz Republic. This article prohibits extradition if there is a risk of persecution on the basis of race, religion, citizenship, membership in a social group or political opinion in the country requesting extradition. An important element is that protection may extend not only to refugees who have already received status, but also to persons who are in the process of applying for such status; in this case, the decision on extradition may be made taking into account individual circumstances and well-founded fears of becoming a victim of torture in the country of origin. A certificate of registration of an application for refugee status may serve as an additional guarantee against their extradition. It is worth noting that Article 12 of the Law on Refugees exempts such asylum seekers from punishment for illegal border crossing, provided that they immediately contact the authorized bodies with an explanation of the reasons. This provision not only reflects the principle of non-refoulement, but also guarantees that asylum seekers will be protected from forced return to countries where their rights may be violated. An equally important aspect in protecting asylum seekers from being returned in any way to the borders of territories is that the legislation of the Kyrgyz Republic makes a clear distinction between asylum seekers and other foreign citizens. This distinction is reflected in the establishment of special procedures for filing applications for refugee status at checkpoints across the State border in the Regulation on Working with Refugees, approved by the Resolution of the Government of the Kyrgyz Republic dated "04" April 2003 № 188. For example, asylum seekers have the right to register their application even in the absence of identity documents and enter the country on the basis of a certificate of registration of the application. Immigration control authorities are obliged to provide the possibility of contact with representatives of the UNHCR and the authorized body. Such provisions create a legal basis for respecting the specific status of asylum seekers, which is in line with international standards. In particular, rules are provided for protecting the rights of asylum seekers, such as confidential treatment, the obligation of immigration control authorities to inform the authorized body or its territorial structures about the placement of the person who submitted the application in a temporary detention facility, recording in writing the time, date and details of the recipient of the information. At the same time, the period of stay in temporary detention facilities is limited to 48 hours, which helps to maintain a balance between national security and human rights.
Thus, the domestic legislation of the Kyrgyz Republic complies with international standards for the protection of refugees, including the UN Convention Relating to the Status of Refugees of 1951 and its 1967 Protocol, as well as the main acts of international law on the protection of human rights. The legislation of the Kyrgyz Republic takes into account the principle of non-refoulement, providing asylum seekers and refugees with protection from extradition and expulsion to countries where they may face persecution. In conclusion, it can be noted that the laws and policies of the Kyrgyz Republic provide substantial guarantees for the rights of persons seeking protection. The principle of non-refoulement is respected, and exceptions to it are strictly limited and apply only in cases of threat to national security or the commission of particularly serious crimes. These provisions underline the commitment of the Kyrgyz Republic to protecting the rights and freedoms of refugees in accordance with international standards.
Related provisions of domestic law or policy
The Criminal Procedure Code of the Kyrgyz Republic
- Year: 2021
- Type: Domestic law
- Rights Category: Asylum, Freedom of movement, Liberty & security of person, Social protection, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/ru/150132
Legal provision
Article 532 - Refusal to extradite
Refusal to extradite 1. Extradition shall not be permitted: 1) if the person in respect of whom the request for extradition has been received from a foreign state is a citizen of the Kyrgyz Republic; 2) if the person has been granted asylum in the Kyrgyz Republic due to the possibility of persecution in that state on the basis of race, religion, citizenship, nationality, membership in a particular social group or political beliefs; 3) if the act that served as the basis for the request for extradition is not recognized as a crime in the Kyrgyz Republic; 4) if there is a final and binding sentence for the same crime against the person or the proceedings have been terminated; 5) if, under the legislation of the Kyrgyz Republic, a criminal case cannot be initiated or the sentence cannot be executed due to the expiration of the statute of limitations or for other legal reasons; 6) if there is a decision of a court of the Kyrgyz Republic that has entered into legal force on the existence of obstacles to the extradition of this person in accordance with the legislation and international treaties of the Kyrgyz Republic; 7) if there are grounds to believe that the person may be subjected to the threat of torture in the requesting state.
The Law of the Kyrgyz Republic on Refugees
- Year: 2002
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2002/en/119852?prevDestination=search&prevPath=/search?keywords=Law+on+refugees&order=desc&page=1&sm_country_name%5B%5D=Kyrgyzstan&sort=score&result=result-119852-en
Legal provision
Article 12 - Guarantees of the rights of a refugee
A refugee may not be returned against his will to the country he left for the reasons specified in Article 1 of this Law. This provision may not be applied to a refugee who is considered, for valid reasons, to be a threat to security or who has been convicted by a final court sentence for committing a particularly serious crime. Decisions and actions of state authorities and administration bodies, local government bodies and officials that infringe on the rights of a refugee established by the legislation of the Kyrgyz Republic in the field of refugees may be appealed to the relevant state bodies or to the court. A person seeking asylum and arriving from the territory of a state where his life and freedom were threatened may not be punished because of his illegal entry and stay in the territory of the Kyrgyz Republic, provided that he promptly appears before the relevant authorities and provides satisfactory explanations for his illegal entry or stay.