Date of publication:
01/08/2026
Kyrgyzstan
Do domestic laws and policies prohibit the detention of children for immigration-related reasons?
Assessment by population
Analysis
In the Kyrgyz Republic, children's rights are enshrined in the Constitution. Article 27 guarantees every child the right to a standard of living adequate for their physical, mental, spiritual, moral, and social development. This provision underscores the state's obligation to create conditions that support children's growth and to prioritize their best interests when making decisions affecting their lives.
The Regulation on Working with Refugees from April 4, 2003, № 188, establishes procedures for processing asylum applications and specifies the responsibilities of relevant authorities. If a minor arrives at the border without valid entry permits or identification documents, or with forged documents, they are subject to the general procedure applicable to adults. Immigration control authorities may place the minor in a temporary detention facility at the border to:
-Verify and identify the individual;
-Investigate cases involving the destruction or forgery of documents;
-Safeguard national security and public order.
In such cases, the immigration control authorities must immediately inform the authorized body, documenting the time, date, and recipient of the information. The authorized body registers the application, confirms receipt of the information, and dispatches an employee to issue a certificate of application registration. This certificate permits the individual to enter the Kyrgyz Republic for further refugee status determination procedures.
For unaccompanied minors, the Regulation on Working with Refugees (paragraphs 22 and 23) requires authorities, in collaboration with the UNHCR, to prioritize their best interests. Efforts are made to locate the minor’s parents or relatives to facilitate family reunification. If a minor meets the criteria for refugee status, the case is referred to guardianship and trusteeship authorities, which arrange care in accordance with national legislation for children without parental care. These authorities also participate in reviewing the minor's application to ensure decisions align with the child’s best interests.
According to Article 28 of the Criminal Code from October 28, 2021, № 127, criminal liability begins at age 16, but for certain serious crimes, such as murder or human trafficking, it applies from age 14. If a minor is detained for committing a crime, their legal representatives and the state child protection body must be notified immediately (Article 102, Code of Criminal Procedure).
Preventive measures for minors under the criminal law may include transferring them to the supervision of parents or legal representatives, who must provide written assurance of the child’s proper behavior and appearance at legal proceedings (Article 111, Code of Criminal Procedure). This transfer is permitted only upon the written consent of the guardians, who must be fully informed of the charges against the child.
Under the Code of Administrative Offenses from October 28, 2021, № 128, minors cannot be subjected to arrest (Article 33). For minors aged 16 to 18, fines are limited to 50% of the maximum penalty, and if they lack income, the responsibility for payment falls to their parents (Article 43).
While the Kyrgyz Republic provides support mechanisms for unaccompanied minors, including collaboration with the UNHCR and guardianship authorities, there is no distinct asylum procedure specifically tailored for children. Minors must follow the same general rules as adults, which may pose challenges and increase vulnerabilities for children in need of protection.
Related provisions of domestic law or policy
The Code of the Kyrgyz Republic on Offences
- Year: 2021
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/ky/150126
Legal provision
Article 33 - Arrest
1. Arrest consists of keeping the offender isolated from society in places determined by the internal affairs agencies, and is applied for a period of up to seven days. The place of detention of the arrested persons must comply with sanitary standards and exclude the possibility of acquiring (infecting) any diseases. The procedure for the functioning of places of detention and the requirements for keeping persons in them are approved by the Cabinet of Ministers of the Kyrgyz Republic. 2. Arrest is applied to an individual for the purpose of restoring law and order and educating the person, as well as preventing the commission of new offenses by this person himself or by other persons. 3. Arrest is applied by the court at the place of the offense, and in conditions of emergency or martial law - by the commandant. 4. Arrest may not be applied to children, women over the age of fifty-five and men over the age of sixty, pregnant women, women with children under the age of three, and persons raising a child under the age of sixteen alone, as well as persons with disabilities of the first and second groups.
Article 43 - Application of penalties to children
1. The amount of a fine imposed on a child aged sixteen to eighteen years for committing an offence may not exceed 50 percent of the amount of fines provided for in the Special Part of this Code, but not more than 50 calculated indicators. If a child aged sixteen to eighteen years does not have official earnings sufficient to pay the fine, the fine (in the amount specified in this Part) is imposed on the parents or persons replacing them. 2. Other types of penalties (except for arrest) are applied to children aged sixteen to eighteen years on a general basis. 3. A child aged sixteen to eighteen years who has committed an offence for the first time may be released by a court or a body authorized to consider cases of offences from the execution of the imposed penalty with the application to him of educational measures provided for in Article 44 of this Code.
The Constitution of the Kyrgyz Republic
- Year: 2021
- 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/2021/en/17474?prevDestination=search&prevPath=/search?keywords=Constitution+of+the+Kyrgyz+Republic&sort=score&order=desc&result=result-17474-en
Legal provision
Article 27 - Child protection
1. Every child has the right to a standard of living necessary for his/her physical, mental, spiritual, moral and social development. 2. The principle of ensuring the best interests of the child is in effect in the Kyrgyz Republic. 3. Responsibility for ensuring the living conditions necessary for the development of the child rests with each of the parents, guardians and trustees. 4. The state cares for, raises and educates orphans and children left without parental care until the age of 18. At the same time, they are provided with conditions for receiving free primary, secondary and higher vocational education. They are provided with social security.
The Criminal Code of the Kyrgyz Republic
- Year: 2021
- Type: Domestic law
- Rights Category: Asylum, Freedom of movement, Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/ru/150130
Legal provision
Article 28 - Age of criminal responsibility
1. A person who has reached the age of sixteen before committing a crime is subject to criminal liability. 2. A child who has reached the age of fourteen before the commission of a crime shall be subject to criminal liability in accordance with this Code for murder (Article 122), causing serious bodily harm (Article 130), causing less serious bodily harm (Article 131), rape (Article 154), violent acts of a sexual nature (Article 155), kidnapping (Article 165), human trafficking (Article 166), theft (Article 205), cattle rustling (Parts 2, 3 and 4 of Article 2051), robbery (Article 206), armed robbery (Article 207), extortion (Article 208), hijacking a motor vehicle (Article 211), destruction of or damage to someone else's property (Parts 2, 3 of Article 216), an act of terrorism (Parts 2 and 3 of Article 252), and hostage-taking (Article 257), theft or extortion of firearms (Article 271), hooliganism (Part 2 of Article 280), illegal production of narcotic drugs, psychotropic substances and their analogues for the purpose of sale (Article 282), theft or extortion of narcotic drugs or psychotropic substances (Article 286), rendering transport vehicles or communication routes unusable (Article 314).
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 102 - Notification of relatives and lawyer of the suspect about detention
1. After the actual detention, the investigator is obliged to immediately notify any of the close relatives, spouse, and lawyer of the detention of the suspect and provide the suspect with the opportunity to notify free of charge. A note on the notification made is made in the detention order. 2. If the detained suspect is a citizen of another state, the embassy or consulate of this state must be notified in the manner prescribed by Part 1 of this Article, which is noted in the detention order. If there is no embassy or consulate of the state of which the detained suspect is a citizen in the territory of the Kyrgyz Republic, the notification is sent to the authorized state body. 3. When a child suspected of committing a crime is detained, his legal representatives and the authorized state body for the protection of children are immediately notified.
Article 111 - Transfer of a child into care
1. The transfer of a child to the care of parents, legal representatives, employees of the authorized state body for the protection of children, as well as representatives of special children's institutions consists of the assumption by any of the said persons of a written obligation to ensure the proper behavior of the child and his appearance before the investigator, prosecutor and in court. 2. The transfer of a child to the care of parents and other persons is possible only upon their written request, in which case they are informed of the nature of the crime of which the child is accused and of their liability in the event of a violation of the assumed duties of care.
Regulation on Refugee Procedures in the Kyrgyz Republic
- Year: 2003
- 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/2023/ru/150181
Legal provision
III - Consideration of an application for refugee status
22. Applications from unaccompanied minors shall be considered taking into account their interests. The authorized body and its territorial structures, together with UNHCR, shall assist in protecting unaccompanied minors and assist them in establishing the whereabouts of their parents or other family members for the purpose of reuniting with their family. 23. If grounds for recognizing a person under the age of eighteen who arrived in the territory of the Kyrgyz Republic unaccompanied by legal representatives (parents, adoptive parents, guardians, trustees) and persons who voluntarily assumed responsibility for their behavior, maintenance and upbringing are established for recognizing him as a refugee, measures shall be taken to transfer the applicant to the guardianship and trusteeship authorities. Guardianship and trusteeship authorities ensure the stay of a minor in the Kyrgyz Republic in accordance with the procedure established by the legislation of the Kyrgyz Republic for children left without parental care, and also directly participate in the consideration of the application and facilitate the adoption of a decision in the interests of the applicant.