Date of publication:

06/10/2025

Kyrgyzstan

Do domestic laws and policies guarantee physical security?

ANALYSIS

Assessment by population

Assessment by population
IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The Constitution of the Kyrgyz Republic, being the fundamental law of the country, enshrines the principles of respect and protection of the rights of all persons on its territory or under its jurisdiction. 

Article 23 of the Constitution emphasizes the inalienability and absoluteness of human rights and freedoms. They are recognized as the highest value determining the activities of all state bodies. This means that the protection of the rights of persons, including asylum seekers and refugees, must be integrated into all aspects of state policy. Thus, the rights and freedoms of the latter must be protected by law and court equally with the rights of citizens of the Kyrgyz Republic. 

Article 24 of the Constitution guarantees all persons the protection of their rights, excluding discrimination on any grounds, including gender, race, nationality, religion and other grounds. The inclusion of asylum seekers and refugees in this list is a confirmation that they have the right to equal legal protection, regardless of their status and origin. These provisions together ensure the prevention of discrimination and the obligation of the state to guarantee equality before the law. Moreover, the principle of non-discrimination is reflected in the Law on Refugees, the Kyrgyz Republic provides all asylum seekers and refugees with equal legal status without any distinction based on gender, race, language, ethnicity, religion, age, political or other beliefs, education, country of origin, property or other status, as well as other circumstances. 

Despite the general legal basis contained in the Constitution, the legislative framework of the Kyrgyz Republic does not provide for separate directives or programs detailing the procedure for the reception and treatment of asylum seekers or refugees. The absence of such directives complicates the implementation of international obligations and may reduce the level of legal and physical protection of these persons. However, in the Kyrgyz Republic, actions against the physical security of a person are criminalized, and the sanctions of the relevant articles of the Criminal Code of the Kyrgyz Republic provide for imprisonment, including for such crimes as rape (Article 154), causing serious bodily harm (Article 130), kidnapping (Article 165), and others. 

The issue of ensuring the physical security of asylum seekers and refugees is directly related to law enforcement activities and the functions of law enforcement agencies. In the absence of specialized instructions, this obligation is implemented through the general principles enshrined in the Constitution, including the equality of all before the law and the protection of the rights and freedoms of each person (Article 24). 

Thus, it can be argued that the Constitution of the Kyrgyz Republic creates a legal basis for the protection of the rights of asylum seekers and refugees, including guarantees of non-discrimination, equality before the law and the inalienability of rights applicable to all persons in the country. However, despite the existence of general constitutional principles, the legislative framework does not contain detailed rules or programs regulating the reception and treatment of asylum seekers, which may hinder the realization of their rights. 

The legal analysis of the situation of refugees in camps cannot be applied to the Kyrgyz Republic, since there are no relevant camps on its territory. 

    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 Criminal Code of the Kyrgyz Republic

    Legal provision

    Article 130 - Causing serious harm to health

    1. Causing serious harm to health in the form of physical injury that is life-threatening at the time of infliction; or causing harm to health that results in the loss of sight, speech, hearing, or any organ, or the loss of an organ's functions, mental illness, or other health disorder associated with a permanent loss of working capacity of at least one third, or with a knowingly complete loss of professional working capacity, or permanent disfigurement of the face, - shall be punishable by imprisonment for a term of five to seven years. 2. The same act committed: 1) against a family member or a person equivalent thereto; 2) against two or more persons; 3) against a pregnant woman; 4) against a helpless person or a child; 5) against a person or his relatives in connection with the performance of official, professional activities or the fulfillment of public duty by this person; 6) on the basis of racial, ethnic, national, religious and interregional hostility (discord); 7) with kidnapping of a person or hostage-taking; 8) with robbery or extortion; 9) with rape or violent satisfaction of sexual passion in other forms; 10) with particular cruelty; 11) with the purpose of concealing another crime or facilitating its commission; 12) for hooligan motives; 13) for mercenary motives or for hire; 14) with the purpose of obtaining an organ or tissue of the victim; 15) by a group of persons; 16) by a group of persons by prior conspiracy, - shall be punishable by imprisonment for a term of six to eight years. 3. Acts provided for in parts 1 and 2 of this article: 1) against children with disabilities or causing through negligence the death of a person, including as a result of suicide, or the death of two or more persons (especially grave harm); 2) committed with a combination of two or more aggravating circumstances provided for in part 2 of this article; 3) committed by an organized group; 4) committed as part of a criminal community, - shall be punishable by imprisonment for a term of eight to twelve years.

    Article 154 - Rape

    1. Rape, i.e. sexual intercourse with the use of violence that is not dangerous to life and health, or the threat of its use against the victim or other persons, as well as taking advantage of the helpless state of the victim, - shall be punishable by imprisonment for a term of five to eight years. 2. The same act: 1) committed by a group of persons; 2) committed by a group of persons by prior conspiracy; 3) combined with the threat of violence dangerous to life or health; 4) committed with particular cruelty towards the victim or her relatives, - shall be punishable by imprisonment for a term of eight to eleven years. 3. Acts provided for in parts 1 or 2 of this article: 1) resulting in pregnancy; 2) committed against a child aged fourteen to eighteen years; 3) committed by an organized group; 4) committed as part of a criminal community; 5) causing serious harm through negligence, - shall be punished by imprisonment for a term of fifteen years or by life imprisonment. 4. The acts provided for in parts 1, 2 or 3 of this article, committed against a child under the age of fourteen, - shall be punished by imprisonment for a term of fifteen years or by life imprisonment.

    Article 165 - Kidnapping of a person

    1. Kidnapping of a person against his will, accompanied by removal from his place of permanent or temporary residence with subsequent detention in a place other than his place of residence, in the absence of elements of a crime provided for in Article 257 of this Code, committed by means of seizure, deception or with the use of violence that is not dangerous to life and health, or the threat of using such violence, - shall be punishable by imprisonment for a term of five to seven years. 2. The same act committed: 1) against two or more persons; 2) against a child; 3) against a pregnant woman; 4) for the purpose of removing organs or tissue from a person for transplantation; 5) for the purpose of removing organs or tissue from a deceased person for transplantation; 6) for the purpose of receiving ransom or other personal interest; 7) by a group of persons; 8) by a group of persons by prior conspiracy; 9) with causing serious harm through negligence, - shall be punishable by imprisonment for a term of seven to ten years with or without confiscation of property. 3. The acts provided for in Part 1 or paragraphs 1–5 of Part 2 of this Article, if the perpetrator voluntarily released the kidnapped person, - shall be punishable by community service from one hundred to three hundred hours or correctional labor for a term of one to three years, or a fine of 500 to 1,000 calculation indices. 4. The acts provided for in Part 1 of this Article, committed: 1) against a child under the age of fourteen; 2) with the use of one’s official position; 3) with the use of weapons or objects used as weapons; 4) with the infliction of especially serious harm; 5) by an organized group; 6) as part of a criminal community, - shall be punished by imprisonment for a term of ten to twelve years with confiscation of property.

    Article 166 - Human trafficking

    1. Human trafficking, i.e. their recruitment, transportation, harboring, acceptance or transfer, carried out with or without their consent, by threat, use of force or other forms of coercion, blackmail, kidnapping, fraud, deception, for the purpose of exploitation, - shall be punishable by imprisonment for a term of three to six years with or without confiscation of property. 2. The same act committed: 1) against two or more persons; 2) by a group of persons; 3) by a group of persons by prior conspiracy; 4) by a person using his official position; 5) with the movement of the victim across the State Border of the Kyrgyz Republic or his illegal detention abroad; 6) against a person who is financially or otherwise dependent on the perpetrator, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. The same act committed: 1) against a pregnant woman; 2) with the purpose of removing organs or tissues from a person or a deceased person for transplantation; 3) with the infliction of serious harm through negligence; 4) by an organized group; 5) as part of a criminal community, - shall be punishable by imprisonment for a term of eight to eleven years with confiscation of property. 4. Recruitment, transportation, concealment, acceptance or transfer of a child, carried out with or without consent, without the use of force or other forms of coercion, blackmail, kidnapping, fraud, deception, for the purpose of exploitation, - shall be punishable by imprisonment for a term of up to five years. Note. Recruitment means the activity of individuals or legal entities to search for, select, accept and hire people for material compensation to perform any work or provide services in the interests of the employer or other persons. Exploitation means forcing persons into prostitution or other forms of sexual exploitation, forced labor or services, slavery, participation in armed conflicts, including through the use of debt obligations, material or other dependence, as well as their servitude. A person who has become a victim of human trafficking is exempt from criminal liability for committing acts that are a minor crime or a less serious crime, if such an act was committed by the victim as a result of his or her involvement in the process of human trafficking.

    Article 167 - Child trafficking

    1. Trafficking in a child with or without the purpose of obtaining a benefit, - shall be punishable by imprisonment for a term of five to eight years. 2. The same act committed: 1) against two or more persons; 2) by a group of persons; 3) by a group of persons by prior conspiracy; 4) by a person using his official position; 5) with causing significant harm through negligence; 6) with the movement of the victim across the State Border of the Kyrgyz Republic or his illegal detention abroad, - shall be punishable by imprisonment for a term of eight to eleven years. 3. The same act committed: 1) against a child under the age of fourteen; 2) for the purpose of removing organs or tissues from a person for transplantation; 3) with causing serious or especially serious harm through negligence; 4) by an organized group; 5) as part of a criminal community, - shall be punished by imprisonment for a term of eleven to fifteen years with confiscation of property. Article 170. Forced use of labor (slave labor) 1. Forced use of labor of a person in respect of whom powers inherent in the right of ownership are exercised, if the person, for reasons beyond his control, cannot refuse to perform the work (services), - shall be punishable by imprisonment for a term of three to six years. 2. The same act committed: 1) against two or more persons; 2) against a child aged fourteen to eighteen years; 3) with the seizure, concealment or destruction of documents certifying the identity of the victim; 4) with the use of blackmail, violence that is not dangerous to life and health, or the threat of using such violence; 5) using official position, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. Acts provided for in parts 1 or 2 of this article: 1) committed against a child under the age of fourteen; 2) causing serious or especially serious harm through negligence; 3) committed by an organized group; 4) committed as part of a criminal community, - shall be punishable by imprisonment for a term of eight to twelve years with confiscation of property.

    Article 170 - Forced use of labor (slave labor)

    1. Forced use of labor of a person in respect of whom powers inherent in the right of ownership are exercised, if the person, for reasons beyond his control, cannot refuse to perform the work (services), - shall be punishable by imprisonment for a term of three to six years. 2. The same act committed: 1) against two or more persons; 2) against a child aged fourteen to eighteen years; 3) with the seizure, concealment or destruction of documents certifying the identity of the victim; 4) with the use of blackmail, violence that is not dangerous to life and health, or the threat of using such violence; 5) using official position, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. Acts provided for in parts 1 or 2 of this article: 1) committed against a child under the age of fourteen; 2) causing serious or especially serious harm through negligence; 3) committed by an organized group; 4) committed as part of a criminal community, - shall be punishable by imprisonment for a term of eight to twelve years with confiscation of property.