Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated April 15, 2022 No. 227 "On the Program of the Cabinet of Ministers of the Kyrgyz Republic to combat human trafficking in the Kyrgyz Republic for 2022-2025" - Generic

Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated April 15, 2022 No. 227 "On the Program of the Cabinet of Ministers of the Kyrgyz Republic to combat human trafficking in the Kyrgyz Republic for 2022-2025" - Generic

Article 28 - Prohibition of slavery, child labor and forced labor

1. Slavery and human trafficking are not permitted in the Kyrgyz Republic. 2. Exploitation of child labor is prohibited. 3. Forced labor is prohibited, except in cases of war, elimination of consequences of natural disasters and other emergency situations, as well as in the execution of a court decision. Involvement in military or alternative (non-military) service is not considered forced labor.

Article 56 - Human rights

1. The state shall ensure the rights and freedoms of citizens in the manner established by the Constitution and laws. 2. No laws shall be adopted in the Kyrgyz Republic that abolish or diminish human rights and freedoms. 3. Restrictions on the physical and moral integrity of the individual shall be permissible only on the basis of the law, by a court sentence as punishment for a crime committed. 4. No one shall be subjected to torture or other inhuman, cruel or degrading treatment or punishment. 5. Every person deprived of liberty shall have the right to humane treatment that does not degrade human dignity. 6. Medical, biological, and psychological experiments on people without their voluntary consent, expressed and certified in the proper manner, shall be prohibited.

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 169 - Illegal Deprivation of Liberty

1. Restriction of a person’s freedom of movement with his/her forcible detention in the absence of elements of an official crime, - shall be punishable by imprisonment for up to two years. 2. The same act, if committed: 1) against two or more persons; 2) against a child aged fourteen to eighteen years; 3) against a pregnant woman; 4) with the use of violence dangerous to life and health; 5) with the use of weapons or other objects used as weapons; 6) by a group of persons; 7) by a group of persons by prior conspiracy, - shall be punishable by imprisonment for two to five years. 3. Acts provided for in parts 1 and 2 of this article: 1) committed against a child under the age of fourteen years; 2) committed by an organized group; 3) committed as part of a criminal community; 4) resulting through negligence in particularly grave harm, - shall be punishable by imprisonment for a term of five to ten years with confiscation of property. 4. The acts provided for in parts 1 or 2 of this article, if the perpetrator released the victim voluntarily, within 72 hours, - 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 1000 calculation indices.

Article 7 - Powers of the Cabinet of Ministers of the Kyrgyz Republic in the sphere of preventing and combating human trafficking

1. The powers of the Cabinet of Ministers of the Kyrgyz Republic in the sphere of preventing and combating human trafficking include: - implementation of state policy in the sphere of preventing and combating human trafficking and its implementation; - development and adoption of regulatory legal acts of the Kyrgyz Republic in the sphere of preventing and combating human trafficking, control over their observance; - development, approval and implementation of national programs in the sphere of preventing and combating human trafficking; - (paragraph five has lost force in accordance with the Law of the Kyrgyz Republic dated November 18, 2011, No. 218); - creation and ensuring the functioning of a unified system of public administration in the sphere of preventing and combating human trafficking; - implementation of international cooperation in the sphere of preventing and combating human trafficking and fulfillment of obligations under international treaties. 2. In order to protect and provide assistance to persons who have suffered from human trafficking, the Cabinet of Ministers of the Kyrgyz Republic, in close cooperation with non-governmental organizations: - develops and adopts regulatory legal acts of the Kyrgyz Republic on providing assistance and protection to persons who have suffered from human trafficking; - develops, approves and implements programs on providing assistance and protection to persons who have suffered from human trafficking; - implements measures to protect the rights and interests of victims of human trafficking who have returned to the Kyrgyz Republic; - carries out activities to improve the mechanisms for the return of victims of human trafficking; - monitors the provision of assistance to persons who have suffered from human trafficking. (As amended by the Laws of the Kyrgyz Republic of November 18, 2011, No. 218, January 11, 2018, No. 2, January 24, 2023, No. 8)

Article 8 - Authorized body for coordination of activities to prevent and combat human trafficking

1. Coordination of the activities of bodies to prevent and combat human trafficking shall be carried out by an authorized state body (hereinafter referred to as the authorized body), determined by the Cabinet of Ministers of the Kyrgyz Republic. 2. The authorized body shall solve the following tasks: a) develop the foundations of state policy in the field of preventing and combating human trafficking in the Kyrgyz Republic and recommendations aimed at improving the efficiency of work to identify and eliminate the causes and conditions contributing to the emergence of human trafficking and the implementation of human trafficking activities; b) collect and analyze information on the scale, status and trends of human trafficking in the territory of the Kyrgyz Republic; c) considers proposals from executive authorities to create temporary shelters for victims of human trafficking, and monitors the work and functioning of special institutions for the prevention and combating of human trafficking in accordance with the tasks assigned to them; d) participates in the preparation of international treaties of the Kyrgyz Republic in the field of preventing and combating human trafficking; d) develops proposals to improve the legislation of the Kyrgyz Republic in the field of preventing and combating human trafficking; e) organizes campaigns to raise public awareness of the problems of human trafficking.