Kyrgyzstan Justice - The Times Of Central Asia

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Central Asian Migrants Coerced Into Russia’s War in Ukraine

Citizens of Central Asian countries, including Uzbekistan and Tajikistan, are increasingly being coerced into joining Russia’s war effort in Ukraine, according to a recent statement from Ukraine’s military intelligence agency. Many of those affected are labor migrants who originally traveled to Russia for work but were later pressured or misled into signing military contracts. Reports suggest that Russian army representatives have been enticing migrants with promises of fast money through short-term enlistment. In practice, however, many of these so-called “volunteers” are deployed to the most dangerous front-line positions. Ukraine’s Defense Intelligence claims most do not survive. Among the recently reported casualties were nationals from Uzbekistan and Tajikistan who had enlisted earlier this year. Ukraine's warning also highlights the legal risks facing survivors. Returning home after fighting in a foreign conflict can expose them to criminal charges and potentially long prison sentences under national laws that prohibit participation in overseas military operations. Russian officials have also acknowledged the recruitment of migrants. Alexander Bastrykin, head of Russia’s Investigative Committee, stated during a legal forum in St. Petersburg that his office had identified around 80,000 individuals who received Russian citizenship but then attempted to evade military service. Of those, approximately 20,000 are currently serving on the front lines in Ukraine, according to Bastrykin. As of September 2024, Russia hosted nearly four million citizens from Central Asia. Uzbekistan accounted for the largest share with an estimated 1.79 million migrants, followed by Tajikistan and Kazakhstan. While some migrants sign military contracts out of economic desperation, others reportedly face coercion, threatened with the loss of citizenship or imprisonment for avoiding conscription. The practice of deploying foreign labor migrants to the battlefield has caused mounting concern across Central Asia. Families fear for the fate of relatives drawn into a distant and escalating conflict, often without clear legal protection or state support.

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Stealing Brides, Ignoring Justice: The Battle Against Forced Marriage in Central Asia

The abduction of girls for forced marriage remains a troubling and persistent practice across Central Asia. While Kazakhstan has been progressively tightening its legal framework to better protect women's rights, bride kidnapping continues to pose a serious human rights challenge throughout the region. Fighting the Middle Ages? Bride kidnapping has long been practiced in Central Asia and the Caucasus. In contemporary times, some instances are consensual, carried out as a form of cultural theatre to reduce the high cost of weddings in traditional societies. However, when carried out without the woman’s explicit permission, the ritual becomes a form of gender-based violence. Efforts to combat non-consensual bride kidnapping have been ongoing since the Soviet era, yet the practice endures. According to some Kazakhstani legislators, the current laws are no longer adequate to address the full scope of the issue. The existing criminal code’s general provisions on abduction, they argue, fall short of tackling the specific dynamics of forced marriage. Mazhilis Deputy Murat Abenov has proposed introducing explicit criminal liability for coercion into marriage. “Over the past three years, 214 complaints have been filed in Kazakhstan from people who were forced into marriage. Only ten of them reached court. Hundreds of criminal cases were simply closed,” Abenov stated. “Even though the girl proved that she had been kidnapped, that she had jumped out of the car, that force had been used against her, nothing could be done.” New legislative amendments have been drafted and are expected to be debated in the Mazhilis, Kazakhstan’s lower house of parliament. The proposed law introduces a scale of penalties based on the severity of the offense. “There is administrative liability, there will be a large fine, and in serious cases where the girl is under 18 or where force is used or by a group of people, there will be more serious liability, up to criminal liability, five to seven years in prison,” Abenov explained. This new law could be enacted by the end of 2025. Kazakhstan's Human Rights Commissioner, Artur Lastaev, addressed the issue in February 2024 in the wake of a high-profile case in Shymkent. “The practice of kidnapping girls for the purpose of marriage is still widespread in our country, especially in the southern regions. In some cases, such actions result in sexual assault, humiliation, unlawful deprivation of liberty, and even suicide,” Lastaev stated. “Saltanat’s Law” Written in Blood In June 2024, Kazakhstan implemented a sweeping new law entitled “On Amendments to Ensure the Rights of Women and the Safety of Children.” Though years in the making, the law is colloquially known as “Saltanat’s Law,” named after Saltanat Nukenova, a young woman who was brutally murdered by her common-law husband, Kuandyk Bishimbayev, a former senior government official. In November 2023, Bishimbayev beat Nukenova over the course of a night in a restaurant in Astana. After she lost consciousness, he attempted to conceal the crime instead of seeking medical help. In May 2024, following a highly publicized trial, Bishimbayev was sentenced to 24 years...

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Supreme Court of Kyrgyzstan Speaks Out Against Racial Discrimination

Deputy Chair of the Supreme Court of Kyrgyzstan, Nurgul Bakirova, presented a report during the 115th session of the UN Committee on the Elimination of Racial Discrimination, held in Switzerland. In response to committee questions, Bakirova affirmed that Kyrgyz law prohibits discrimination on any grounds, racial, ethnic, or national. She emphasized that the Supreme Court ensures effective legal protection for all individuals, regardless of origin. Kyrgyz courts apply both domestic and international legal standards, and a mechanism exists to challenge legislation that violates anti-discrimination principles. Since 2019, over 400 Kyrgyz judges have undergone training in human rights protection and compliance with international norms. Bakirova also noted that crimes motivated by racial, ethnic, or religious hatred are treated as offenses with aggravating circumstances under Kyrgyz law. “Kyrgyzstan remains committed to the principles of equality, justice, and respect for diversity. We recognize that combating racial discrimination is not only an international obligation but also an important step towards a harmonious and inclusive society,” she said. It is worth noting that May 5 marks Constitution Day in Kyrgyzstan. Since its adoption in 1993, the constitution has been amended 12 times. The most recent constitutional referendum was held in 2021.

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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.

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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...

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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...