In the Kyrgyz Republic, the extradition of recognized refugees to foreign countries is prohibited, however, for foreign citizens and stateless persons who violate the requirements of the legislation on their stay in the country, expulsion is provided in the manner prescribed by law. At the same time, within the framework of criminal law, in the event of a request for extradition, foreign citizens and stateless persons may be extradited to the relevant foreign state subject to the conditions provided by law and taking into account the international obligations of the Kyrgyz Republic. In accordance with the Criminal Procedure Code of the Kyrgyz Republic dated October 28, 2021 № 129 (Article 532), there are several grounds for refusing to extradite a person regarding whom a request has been received from a foreign state. One of the key factors that directly affects the issues of human rights protection of recognized refugees is the provision on asylum and the direct prohibition in Article 12 of the Law on Refugees dated March 25, 2002, № 44, “a refugee cannot be returned against his will to the country he left due to well-founded fears of becoming a victim of persecution. 

Extradition is not permitted: 

1) if the person in respect of whom a request for extradition has been received from a foreign state is a citizen of the Kyrgyz Republic; 

2) if a person has been granted asylum in the Kyrgyz Republic due to the possibility of persecution in this state on the basis of race, religion, citizenship, nationality, membership in a particular social group or political beliefs; 

3) if the act that served as the basis for the request for extradition is not recognized as a crime in the Kyrgyz Republic; 

4) if there is a final and binding sentence for the same crime against the person or the proceedings have been terminated; 

5) if, under the legislation of the Kyrgyz Republic, a criminal case cannot be initiated or the sentence cannot be executed due to the expiration of the statute of limitations or for other legal reasons; 

6) if there is a final and binding decision of a court of the Kyrgyz Republic on the existence of obstacles to the extradition of the person in accordance with the legislation and international treaties of the Kyrgyz Republic; 

7) if there are grounds to believe that the person may be subjected to the threat of torture in the requesting state. 

2. Extradition of a person may be refused: 

1) if the act in connection with which the extradition request was sent was committed on the territory of the Kyrgyz Republic or against the interests of the Kyrgyz Republic outside its territory; 

2) if the person against whom the extradition request is made is being prosecuted for the same act in the Kyrgyz Republic; 

3) if the person being extradited is being prosecuted for committing a crime that carries the death penalty; 

4) if the authorized body has issued the person a certificate of registration of his application for refugee status; 

5) if the competent authority of the foreign state, at the request of the Prosecutor General's Office, has failed to submit additional materials or data without which it is impossible to make a decision on the extradition request; 

6) if there are other grounds provided for by international treaties of the Kyrgyz Republic. Thus, the law establishes strict guarantees for the protection of the rights of refugees, prohibiting their extradition to countries where they may face a threat of persecution or cruel treatment. 

Expulsion of foreign citizens is regulated by the norms of the legislation on external migration. According to Article 19 of the Law on External Migration dated July 17, 2000 No. 61, expulsion may be applied to foreign citizens in the event of violation by foreign citizens of the established procedure for stay. Foreign citizens may be subject to expulsion in the following cases: 

1) if their actions are contrary to the interests of ensuring national security or protecting public order; 

2) if it is necessary to protect the health and morals of the population, protect the rights and legitimate interests of citizens of the Kyrgyz Republic and other persons. When foreign citizens are brought to justice in accordance with the Code of the Kyrgyz Republic on Offenses, the internal affairs agency issues an order to eliminate the offense. In case of failure to comply with the order to eliminate the offense within 30 days from the date of its delivery, the foreign citizen is subject to expulsion from the Kyrgyz Republic by a court decision. Moreover, Article 11 of the Law on Refugees provides for the expulsion from the Kyrgyz Republic of persons who have lost their refugee status and persons who have been refused recognition as refugees on the territory of the Kyrgyz Republic and have not left the territory of the Kyrgyz Republic within one month, carried out in the manner established by the legislation of the Kyrgyz Republic on offenses. 

A person who has received a notice of refusal to recognize him as a refugee or of loss of refugee status may under no circumstances be expelled to a country where his life and freedom are in danger, or to a country where he may become a victim of torture or be subjected to cruel, inhuman treatment. 

One of the important aspects that should be taken into account when making a decision on expulsion or extradition is family circumstances, if the family of the extradited person is a citizen of the Kyrgyz Republic and has other valid documents that allow them to stay on the territory of the Kyrgyz Republic. However, the current legislation does not directly state that the decision on expulsion or extradition should take into account family circumstances, however, perhaps these circumstances can be taken into account in the framework of the decision, taking into account the constitutional guarantees of the principle of family unity and the right to the inviolability of family life. 

The conclusion from the above information is that the legislation of the Kyrgyz Republic provides strict procedures for conditions, grounds for extradition and expulsion, guarantees for the protection of the rights of refugees, prohibiting their extradition to countries where they may face the threat of persecution or cruel treatment. There are also clear provisions for the expulsion of foreign nationals who violate migration rules, but expulsion cannot be carried out to countries where the life or freedom of the person is threatened by danger and torture. It is important to note that in the Kyrgyz Republic there are no provisions that establish that when making decisions on extradition or expulsion, the state must take into account existing family life before expelling a family member who is not a citizen, as well as the principle of family unity, which requires a balance between the interests of the state in deporting a family member and the interests of the family in maintaining integrity.