Kyrgyzstan Justice - The Times Of Central Asia

Viewing results 1 - 6 of 97

Kyrgyzstan’s Ex-President Kurmanbek Bakiyev May Return to the Country

Kurmanbek Bakiyev, the former president of Kyrgyzstan currently living in exile in Belarus, is seeking a review of his convictions handed down in absentia. His lawyer, Ikramidin Aitkulov, recently told local media that Bakiyev wishes to challenge the court’s decisions and possibly return to Kyrgyzstan to participate in legal proceedings personally. According to Aitkulov, Kyrgyzstan’s Criminal Procedure Code does not provide clear regulation for trials conducted in absentia. This legal ambiguity, he argues, results in inconsistent interpretations and infringes upon a citizen’s right to a fair trial. He has appealed to the Constitutional Court to examine the relevant provisions of the procedural code. Aitkulov emphasized that, although thousands of individuals are currently wanted by Kyrgyz authorities, relatively few are actually tried in absentia, making Bakiyev’s case unusual. Background of Bakiyev's Convictions In 2016, Kurmanbek Bakiyev was sentenced to 30 years in prison for complicity in the mass killings of April 7, 2010, when security forces opened fire on protesters in central Bishkek. His brother, Jenish Bakiyev, then head of the State Guard Service, was also found guilty in connection with the events. In 2023, Bakiyev received an additional 10-year sentence for corruption related to the Kumtor gold mining enterprise. According to his lawyer, if these two convictions are overturned, Bakiyev could return to Kyrgyzstan and be physically present for any retrial. “We need to file for a review of the cases in the Supreme Court. If the decisions taken in absentia are canceled, then he (Kurmanbek Bakiyev) will personally participate in the consideration of his case in the second court instance,” Aitkulov said. Constitutional Court Responds In response to Aitkulov’s appeal, the Constitutional Court of Kyrgyzstan stated that trying Bakiyev in absentia was legally permissible, given that he had deliberately evaded justice by fleeing the country. Attempts by Kyrgyz law enforcement agencies to extradite him had failed. “The conduct of court proceedings in absentia is not an arbitrary aspect of the criminal process, but rather an exceptional measure to safeguard public interest and ensure the inevitability of punishment,” the Constitutional Court stated. However, the court also clarified that any individual convicted in absentia has the right to a case review upon return to Kyrgyzstan, provided they are physically present during the proceedings. If Bakiyev voluntarily returns, he would still be detained but granted the opportunity to appeal his convictions.

Central Asia Home Kyrgyzstan Justice Justice Kyrgyzstan Kyrgyzstan Features Kyrgyzstan Home

Kyrgyz Authorities Arrest Critic of Kyrgyzstan-Tajikistan Border Agreement

Kyrgyzstan and Tajikistan earned international praise last month when they signed a border agreement ending years of tension that had sometimes spilled into deadly violence. A recent arrest in Kyrgyzstan suggests that authorities are sensitive to any criticism of a deal that was widely hailed as a big step for closer ties among Central Asian countries. Kanyshai Mamyrkulova, who has been described by Kyrgyz media sources as a journalist and an activist, was arrested on March 20, a week after President Sadyr Japarov of Kyrgyzstan and Emomali Rahmon, Tajikistan’s leader, signed the peace agreement following painstaking negotiations over the delineation of the nearly 1,000-kilometer border between the two countries. This week, a court upheld an earlier ruling that Mamyrkulova be held in pre-trial detention until May 19, in one of the latest cases in Kyrgyzstan that pits advocates of free speech against a government that increasingly views unfettered opinions and alleged disinformation as a threat to national stability. While critics warn that Kyrgyzstan is clamping down on free expression, the environment there is relatively looser than in Tajikistan, where the state exercises tighter controls over the media. Mamyrkulova appears to have fallen foul of the authorities for critical posts on social media rather than any journalistic reports. She spread “false information regarding the Kyrgyzstan–Tajikistan border issue” on Facebook, the Bishkek city police department said last month. “The individual made calls aimed at destabilizing the socio-political situation in the Kyrgyz Republic by inciting mass disorder and promoting interethnic hatred between citizens of Kyrgyzstan and neighboring countries,” the department said. It added that Mamyrkulova had “previously been held accountable for similar actions — spreading misinformation and escalating tensions during past incidents involving border issues between the Kyrgyz and Uzbek republics.” A review of some of Mamyrkulova’s Facebook posts reveals a stream of comments and barbs about alleged corruption, official wrongdoing, and prosecutions, often delivered with cheeky humor. Some are indirect or use metaphors to make a point. Several that refer to the border agreement suggest the Kyrgyz government was not transparent enough with its citizens and imply that Tajikistan got the better of the deal. In a letter released last week, Mamyrkulova said she hadn’t done anything wrong. “I did not kill anyone, did not steal from the state, and did not take bribes. I’ve only posted about legal, political, economic, and social issues affecting the public. Regarding the criminal charges brought against me under Article 278 (part 3) and Article 330 (part 1) of the Criminal Code of the Kyrgyz Republic — I have never committed, nor will I ever commit such crimes,” she said in the statement, which was posted on the Facebook account of supporter Amanbol Babakulov. “They spun a criminal case from thin air simply because I wrote what the public was thinking, in a way that struck a nerve. I know this well myself — as do the lawyers, the attorneys, and those who work closely with the justice system,” she said. The Media Action Platform of...

Home Kyrgyzstan Justice Justice Features Kyrgyzstan Features

Traditional Storytellers in Kyrgyzstan Face Scrutiny From Authorities

Asylbek Maratov is a performer of folk-style poetry in Kyrgyzstan, a form of cultural expression that dates from the time when nomads roamed Central Asia and involves music and improvisation, often delivered at ceremonies and other special events as well as on social media Lately, Maratov and some other akyns, as these oral storytellers are known, have faced pressure in a country where the government is tightening up on expression as a way to ensure what it calls ‘national stability’. The tension points to sensitivities about how freely they can sing or talk about issues that they think are relevant to society as part of a tradition that is steeped in epic tales of the past and has been recognized by UNESCO as intangible cultural heritage. Maratov said he got a warning from the State Committee for National Security for performing songs on political topics at a concert, the Kloop news organization reported this week. It said the performer commented about a caution from the state authorities on Facebook on Wednesday, though a link to the social media post says the content is unavailable. "I received a warning, now may God help me. I don't wish prison on anyone, let the people have joy," Maratov said in the post, according to Kloop. Maratov has previously performed his craft at the World Nomad Games, an event that celebrates culture and sports in Central Asia and is held every two years. He has commented on corruption, a sensitive topic for a government that has promised to curb graft but faces questions about transparency and accountability. Late last year, President Sadyr Japarov signed a new law that toughens punishments and restrictions, for example, barring people convicted of corruption from holding state and municipal jobs. The president has said that his family members won’t get mixed up in state affairs, but reports such as the one last year that his son planned to build the biggest golf course in Central Asia raised some concerns about business ethics. Akyns draw from a tradition that goes back centuries, evoking history, philosophy, and spirituality in their commentaries and sometimes engaging in competitions similar to rap battles. They play instruments such as the Kazakh dombra or Kyrgyz komuz. There is a school for akyns in Kyrgyzstan. They are able to reach a much wider audience than in the past because of YouTube and other social media platforms, and a few in Kyrgyzstan have directed sharp criticism at their country’s leadership. This month, Kyrgyzstan’s Supreme Court upheld a lower court’s sentence of three years in prison for Askat Zhetigen, an akyn who was found guilty of calling for the violent seizure of power, the 24.kg news service reported. Zhetigen had used harsh language while criticizing the authorities on social media. Kloop, the investigative news outlet that reported on the warning against Maratov, was closed under a court order in Kyrgyzstan last year in what media advocates said was a targeting of journalists and a shrinking of free speech in...

Local Politics Kyrgyzstan Justice Justice Kyrgyzstan Kyrgyzstan Local Politics

Bishkek Continues Controversial Stray Dog Culling Amid Criticism and Lack of Resources

In 2024, Bishkek authorities received 158 citizen requests to capture and eliminate stray animals, all of which were fulfilled. According to official data, 14,378 stray dogs were captured and killed over the course of the year in the Kyrgyz capital. Despite longstanding regulations mandating humane treatment, sterilization, vaccination, and release, city officials cite a lack of resources and infrastructure as the reason for continuing the practice of mass culling. The current rules were approved by the Bishkek City Council in 2002. “There are no municipal shelters for stray animals in Bishkek,” the City Council stated in official documents. “As a result, the municipal enterprise Tazalyk is forced to shoot stray dogs.” Officials argue that ending the practice would require the construction of an animal shelter, but such a project is not accounted for in the city’s budget. “Around the world, animal shelters are usually established by charitable organizations and public foundations,” said First Deputy Mayor Mirlanbek Baigonchokov, defending the administration’s inaction. The mayor’s office noted that stray dog shootings were temporarily halted in 2021, but resumed following what it described as numerous public complaints. From 2015 to 2024, Bishkek health institutions registered 1,391 dog bite cases, 949 of which involved children. Tazalyk reports that it costs approximately 430 Kyrgyz soms (about $5) to eliminate a single stray dog. This cost covers one bullet, a disposal bag, the hunter’s salary, and a contribution to the Social Fund. However, animal welfare experts argue that culling is not only inhumane but ineffective. “Shooting does not work. In fact, the number of stray animals increases every year,” said Tazalyk Director Zholdosh Chushtukov. “We need a different approach. We propose mandatory sterilization and castration.”

Central Asia Kyrgyzstan Justice Kyrgyzstan

New Kyrgyz Investment Zone to Operate Under English Law

On March 17, Kyrgyzstan's president Sadyr Japarov signed a decree titled "On Measures to Establish a Special Investment Territory with a Special Legal Regime in the Issyk-Kul Region and an Independent International Center for Dispute Resolution Using English Law". Boosting Investment Appeal The initiative aims to enhance Kyrgyzstan’s attractiveness to foreign investors by providing a more predictable and internationally recognized legal framework for business operations. The decree directs the Cabinet of Ministers to take the necessary steps for implementation, including the potential involvement of international consultants and legal experts in the development of the special investment zone and dispute resolution center. Adopting English Common Law for Dispute Resolution On March 11, Adylbek Kasymaliyev, Chairman of the Cabinet of Ministers, met with British Ambassador Nicholas Bowler and a group of international legal consultants to discuss adopting English common law principles for handling investment disputes in Kyrgyzstan. English common law, which is based on judicial precedents rather than codified statutes, is widely used in international commerce and financial centers such as London, Dubai, and Singapore. Supporters argue that its introduction in Kyrgyzstan could increase investor confidence by offering a more stable and predictable legal environment. Legal Experts Express Skepticism Despite the government’s enthusiasm, some legal experts remain skeptical about the feasibility of incorporating English common law elements into Kyrgyzstan’s legal system. Critics point to potential challenges, including compatibility with existing Kyrgyz laws, the need for specialized legal training, and whether the judiciary can effectively apply a mixed legal framework. The establishment of a special investment territory in Issyk-Kul and an independent dispute resolution center represents a bold step toward legal modernization in Kyrgyzstan. While the adoption of English common law principles could improve investor confidence, the success of the initiative will depend on effective implementation, legal harmonization, and investor reception.

Home Kyrgyzstan Justice Justice Kyrgyzstan Features Kyrgyzstan Features

English Law in Kyrgyzstan? Bold Move Faces Hurdles in Investment Disputes

Kyrgyzstan’s government is considering adopting elements of English common law to handle investment disputes, but legal experts remain skeptical about its feasibility. On March 13, Chairman of the Cabinet of Ministers Adylbek Kasymaliev met with the British Ambassador to Kyrgyzstan and a group of international consultants to discuss the potential integration of English legal principles into Kyrgyzstan’s legal framework. The initiative has also received support from President Sadyr Japarov, who, in late 2024, stated at the People’s Kurultai in Bishkek that the adoption of English law principles is essential for attracting foreign investment. “Citizens and external investors have the opportunity to invest in the construction of large projects. For large investments, first of all, it is necessary to have fair courts,” Japarov stated. Challenges in Implementing English Law In an interview with The Times of Central Asia, Shamaral Maichiev, chairman of the International Court of Arbitration in Kyrgyzstan, cautioned that adopting English law would require extensive legal and structural changes. “A package of legal and regulatory documents duplicating existing commercial law, including court procedures, would need to be developed and adopted. Alternatively, specific sections based on English law principles could be incorporated into current legislation,” Maichiev explained. Beyond legislative changes, Maichiev noted that judicial retraining would be essential. This includes: Requalifying legal professionals to apply Common Law principles Establishing a register of judges specialized in Common Law Conducting court proceedings in English or other international languages could pose logistical and financial challenges Hiring foreign judges would add further costs to the national budget. “Creating a new Common Law Court would be financially burdensome for the country, requiring substantial resources and a long implementation period,” Maichiev emphasized. Existing Arbitration Mechanisms in Kyrgyzstan Legal experts argue that Kyrgyzstan already allows the use of Common Law principles in international arbitration courts, making a new Common Law Court unnecessary. Judges at the Court of Arbitration under the Chamber of Commerce and Industry of Kyrgyzstan contend that investment and commercial disputes are already effectively handled through alternative dispute resolution mechanisms. “Today, the Kyrgyz Republic is one of the regional leaders in establishing legislative mechanisms for alternative dispute resolution. To enhance Kyrgyzstan’s international reputation and investment appeal, it is proposed that the International Court of Arbitration under the Chamber of Commerce and Industry handle investment and commercial disputes, including those based on Common Law principles, without requiring state budget funds,” Maichiev told TCA. The judge expressed confidence that the International Court of Arbitration in Kyrgyzstan has the resources to become a leading center for economic dispute resolution in the Eurasian region.