Date of publication:
01/08/2026
Kyrgyzstan
Do domestic laws and policies provide detainees with the right to recourse to effective administrative or judicial remedies?
Assessment by population
Analysis
The national laws and policies of the Kyrgyz Republic provide refugees legally staying in the country with the right to protect their rights and freedoms, including the opportunity to appeal to the court in case of their violation. The Constitution of the Kyrgyz Republic in Article 52 guarantees that foreign citizens and stateless persons staying in the country have the same rights and obligations as citizens, except for cases stipulated by laws or international treaties. This includes the right to judicial protection of their rights in case of their violation, which is confirmed in Article 61 of the Constitution. According to this article, everyone has the right to judicial protection of their rights and freedoms, and the state is obliged to promote the development of extra-judicial and pre-trial methods of protecting rights and freedoms, ensuring access to justice for all persons. In addition, the Constitutional Law "On the Supreme Court and Local Courts" of November 15, 2021 № 134 in Article 3 enshrines the principle of equality of all before the law and the court, guaranteeing an impartial consideration of cases and the right of every person to appeal to a court of appropriate jurisdiction. This provides an opportunity for not only citizens of Kyrgyzstan, but also refugees and stateless persons legally residing in the territory of the republic to appeal to the court to protect their rights and restore violated freedoms.
The Law "On Refugees" of March 25, 2002 №44 in Article 6 confirms the right of persons who have applied for recognition as refugees to judicial protection in the event of violation of their rights. This law, in line with Kyrgyzstan's international obligations, guarantees equal treatment of refugees and prohibits discrimination on any grounds, including refugee status.
An important addition is the provision of Article 20 of the Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens" of December 14, 1993 №1296-XII, according to which 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. Foreign citizens enjoy procedural rights in court on an equal basis with citizens of the Kyrgyz Republic. Moreover, the right to compensation and rehabilitation of persons who have been unlawfully detained, imprisoned or prosecuted is an important guarantee of human rights protection and confirmation of the rule of law in the Kyrgyz Republic. This right is enshrined in Article 59 of the Constitution of the Kyrgyz Republic and detailed in Articles 132–136 of the Criminal Procedure Code of the Kyrgyz Republic of October 28, 2021 №129.
According to Article 59 of the Constitution of the Kyrgyz Republic, any person detained or imprisoned in violation of the Constitution has the right to compensation for damages at the expense of the state. Compensation is paid in the manner and amounts established by law. Moreover, the article stipulates that officials guilty of knowingly illegal or unjustified actions bear criminal liability.
The Criminal Procedure Code (Article 132) of October 28, 2021 №129 expands these guarantees by defining the grounds for the emergence of the right to rehabilitation. This right includes compensation for property damage, elimination of the consequences of moral damage and reinstatement of labor, pension, housing and other rights. The right to rehabilitation is enjoyed by persons acquitted by a final and binding sentence, suspects and accused persons whose criminal prosecution has been terminated on rehabilitating grounds (Part 2 of Article 132), as well as persons to whom compulsory medical measures were applied if their appointment was recognized as illegal (subparagraph 3 of Part 2 of Article 132). In the event of the death of a rehabilitated person, his rights are transferred to his heirs, and suspended pensions and benefits are restored to family members (Part 3 of Article 132).
Compensation for damage covers property and moral damage. In accordance with Article 134 of the Criminal Procedure Code of October 28, 2021 №129, property damage includes lost wages, pensions, benefits, confiscated property, legal expenses and other losses. A claim for compensation for such damages is filed within six months from the date of receipt of notification of the compensation procedure (Part 2 of Article 134). Moral damages are compensated in monetary form (Article 135 of the Criminal Procedure Code). If illegal actions of state bodies were covered in the media, the rehabilitated person or his relatives have the right to demand a public refutation (Part 2 of Article 135).
In addition to compensation, rehabilitation involves the restoration of all lost rights, including the return of titles, ranks and state awards lost on the basis of an unlawful court decision (Article 136 of the Criminal Procedure Code).
However, the right to rehabilitation does not apply to cases where a criminal case is terminated on non-rehabilitating grounds, such as the expiration of the statute of limitations or reconciliation with the victim (Part 4 of Article 132). Persons found guilty on the basis of self-incrimination do not have the right to compensation, except in cases where the self-incrimination was a consequence of violence or other illegal actions (Part 5 of Article 132).
Thus, the legislation of the Kyrgyz Republic provides refugees and stateless persons legally residing in the country with the opportunity to apply to the court for the protection of their rights in the event of violation of these rights, regardless from their status. This is in line with international human rights standards and the country's commitments to ensure equality before the law and access to justice for all.
Related provisions of domestic law or policy
The Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens"
- Year: 1993
- Type: Domestic law
- Rights Category: Education, Freedom of movement, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1993/en/147104?prevDestination=search&prevPath=/search?keywords=On+the+Legal+Status+of+Foreign+Citizens&order=desc&page=1&sm_country_name%5B%5D=Kyrgyzstan&sort=score&result=result-147104-en
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 Constitutional Act on the Supreme Court of the Kyrgyz Republic
- Year: 2021
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/ru/150127
Legal provision
Article 3 - Principles of administration of justice
Principles of Administration of Justice 1. No one may be deprived of the right to have his case considered in the court to whose jurisdiction it is assigned by the laws of the Kyrgyz Republic, except for cases stipulated by law. 2. All are equal before the law and the court. The courts shall not give preference to any bodies, persons, parties to the proceedings on the basis of their state, social, sexual, racial, national, linguistic or political affiliation, or depending on their origin, property and official status, place of residence, place of birth, attitude to religion, beliefs, membership in public associations, as well as on other grounds not stipulated by law.
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 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.
Article 59 - Right to liberty
1. Everyone has the right to liberty and security of person. 2. No one may be deprived of liberty solely on the grounds that he is unable to fulfill a civil obligation. 3. No one may be detained, taken into custody, or deprived of liberty except by a court decision and only on the grounds and in the manner established by law. 4. No one may be detained for a period exceeding 48 hours without a court decision. Every detained person must be brought before a court immediately, before the expiration of 48 hours from the moment of detention, to decide on the legality and validity of his detention. If the grounds on which the person was detained no longer exist, he must be immediately released. In certain cases, the law may establish shorter periods of detention. 5. Every detained person must be promptly informed of the reasons for the detention and his rights explained. From the moment of detention, the person is provided with security, the opportunity to defend himself personally, to use qualified legal assistance of a lawyer, as well as the right to a medical examination and assistance of a doctor. 6. Every person detained or taken into custody in violation of the provisions of this article has the right to compensation for damages at the expense of the state, with payment of compensation in the manner and amount established by law. In the event of knowingly illegal and unjustified detention and detention, officials bear criminal liability.
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
The Criminal Procedure Code of the Kyrgyz Republic - Generic
The Criminal Procedure Code of the Kyrgyz Republic - Generic