Date of publication:

01/08/2026

Kyrgyzstan

Do domestic laws and policies provide forcibly displaced and stateless persons who face violations of their right to freedom of movement and choice of residence the right of recourse to effective administrative or judicial remedies?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The domestic laws and policies of the Kyrgyz Republic provide individuals legally present in the country with the right to seek effective administrative or judicial protection in the event of restrictions on their freedom of movement. Thus, Article 52 of the Constitution of the Kyrgyz Republic guarantees that foreign citizens and stateless persons legally present in the territory of the Kyrgyz Republic have the same rights and obligations as citizens, except in cases stipulated by laws or international treaties. This principle of equality extends to the right to seek protection of their violated rights, including the right to freedom of movement. Article 61, paragraph 1 of the Constitution guarantees judicial protection of the rights and freedoms enshrined in the Constitution, laws, international treaties and generally recognized principles of international law. Paragraph 2 affirms the right of everyone to protect their rights and restore violated rights by all means not prohibited by law. Paragraph 3 obliges the state to promote the development of extra-judicial and pre-trial methods of protecting human rights and freedoms, ensuring broader access to justice. In addition, the right to judicial protection is also enshrined in the Constitutional Law "On the Supreme Court and Local Courts" of November 15, 2021 № 134, where Article 3 enshrines equality before the law and the courts and ensures impartiality in the administration of justice. It guarantees that no one can be deprived of the right to have their case heard by a court with appropriate jurisdiction, as determined by law. 

Discrimination on any grounds is also prohibited, which guarantees equal treatment of all persons, including refugees and asylum seekers, during judicial proceedings. 

The Convention relating to the Status of Refugees requires that refugees and asylum seekers have free access to the courts to resolve complaints about restrictions on freedom of movement or choice of residence. The provisions of Article 61 of the Constitution and the principles of justice in Article 3 of the Constitutional Act comply with these requirements, guaranteeing the availability of judicial remedies. Moreover, persons recognized as refugees or asylum seekers, in accordance with the provisions of Article 6 of the Law "On Refugees" of March 25, 2002 №44, have the right to judicial protection of their rights and legitimate interests. In addition, Kyrgyzstan's commitment to develop extra-judicial and pre-trial mechanisms enhances access to effective legal remedies. The legal system of the Kyrgyz Republic guarantees persons lawfully in the country, including refugees and asylum seekers, the opportunity to appeal restrictions on freedom of movement. They have the right to effective administrative and judicial protection, which complies with international standards, including the requirements of the Convention relating to the Status of Refugees. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens"

    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

    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

    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 Law of the Kyrgyz Republic on Refugees

    Legal provision

    Article 6 - Rights and obligations of a person who has applied for recognition as a refugee

    A person applying for recognition as a refugee in the Kyrgyz Republic and his family members have the right to: - move freely throughout the territory of the Kyrgyz Republic, with the exception of areas closed to foreign citizens in accordance with the legislation of the Kyrgyz Republic; - reside in a place of temporary settlement and use public utilities; - use medical care; - to have the Kyrgyz Republic assist in obtaining information about relatives living in the country of citizenship; - to voluntarily return to the country of citizenship; - to leave for a place of residence in a foreign country; - to be provided with judicial protection; - to receive an education; - to receive the services of an interpreter; - to be exempt from paying expenses related to the consideration of an application for refugee status at all stages.

    Article 13 - Rights and obligations of a refugee in the Kyrgyz Republic

    A person recognized as a refugee in the Kyrgyz Republic enjoys the same rights and bears the same obligations as foreign citizens permanently residing in the Kyrgyz Republic. A person recognized as a refugee in the Kyrgyz Republic shall also be granted the rights and obligations of a person applying for refugee status, as stipulated by Article 6 of this Law. A person recognized as a refugee in the Kyrgyz Republic and his family members shall have the right to: - reside for three months in a temporary settlement; - choose a settlement from among those proposed by the Authorized Body in which his relatives reside as their place of permanent residence, subject to their consent to cohabitation; - work for hire or engage in entrepreneurial activity in accordance with the legislation of the Kyrgyz Republic; - acquire real estate under the conditions established for foreign citizens and stateless persons by the legislation of the Kyrgyz Republic; - receive, with the assistance of the relevant state bodies of the Kyrgyz Republic, information about property left behind in the state of previous residence; - have the necessary documents proving his identity and travel documents; - to receive medical care on an equal basis with citizens of the Kyrgyz Republic; - to receive administrative assistance when applying to state bodies of the Kyrgyz Republic; - to mandatory registration of civil status acts and receipt of relevant documents.