The accession of the Kyrgyz Republic to international treaties aimed at protecting human rights, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, enshrines its obligation to prevent any actions that may lead to serious violations of these rights. This obligation is confirmed by the Law of the Kyrgyz Republic on the accession of the Kyrgyz Republic to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of July 26, 1996, № 46, within the framework of which the country committed itself not to expel, return or transfer persons to states where they may be subjected to torture. This provision is enshrined in Article 3 of the Convention against Torture, which expressly prohibits deportation or extradition if there are serious grounds to believe that a person may be subjected to torture. At the national level, this obligation is additionally reflected in the legislation of the Kyrgyz Republic. In particular, Article 24 of the Constitution of the Kyrgyz Republic proclaims that the state shall ensure the protection of the rights and freedoms of all persons within its territory and under its jurisdiction. This principle is fundamental and imposes on state bodies the obligation to protect all those within their control from threats of human rights violations, including torture. 

The practical implementation of this principle is specified in the Criminal Procedure Code of the Kyrgyz Republic of October 28, 2021, № 129. According to Article 532 of the Code of Criminal Procedure, the extradition of a person to another state is not allowed if there are grounds to believe that he or she may be subjected to torture in the requesting state. Thus, the legislator at the national level has enshrined the ban on the transfer of persons to those countries where there is a real threat of violation of their fundamental rights. 

In order to ensure protection from expulsion, when considering requests for extradition or deportation, authorities are obliged to carefully evaluate the evidence presented. The courts have the right to demand information from the requesting state confirming that there is no risk of torture. Article 531 establishes that a decision to extradite a person shall be made in the event that the foreign state that has sent the request can guarantee that the person against whom the extradition request is made will be prosecuted only for the crime specified in the request, and after completion of the trial and serving of the sentence will be able to freely leave the territory of this state, and will not be expelled, transferred or extradited to a third state without the consent of the Kyrgyz Republic. In the presence of reasonable doubts, extradition must be rejected. This rule is aimed at minimizing the risk of arbitrary decisions and provides an additional level of protection. 

Thus, the national legislation of the Kyrgyz Republic, including Article 24 of the Constitution and Article 532 of the Criminal Procedure Code, in conjunction with international obligations enshrined in the Convention against Torture, effectively protects individuals from being expelled to states where they may be subjected to serious human rights violations. These standards confirm the commitment of the Kyrgyz Republic to international standards in the field of human rights protection and provide a legal basis for preventing such violations.