Kyrgyzstan Justice - The Times Of Central Asia

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Growth of Non-Custodial Sentences in the Kyrgyz Republic Since 2020

The Kyrgyz Republic has reported a decrease of its prison population, which speaks to the ongoing humanization of its criminal justice system. In 2023, the prison population amounted to just 7,728 persons, a 20% decrease compared to 2020 (9,658 prisoners). Despite a 22% increase in the number of convictions, from 5,074 in 2020 to 6,202 in 2023, the number of non-custodial sentences has risen by 55 %. This information was relayed at a roundtable discussion organized by the Ministry of Justice and the UNODC Programme Office in the Kyrgyz Republic on 17 April 2024. Within the framework of the EU-co-funded project, JUST4ALL, which focuses on the establishment of a probation and criminal justice information management systems, the UNODC conducted an analytical review on the judicial practice of custodial and non-custodial sentences between 2020 and 2023. This research was aimed at analyzing court decisions on alternatives to incarceration, and collecting data to inform evidence-based technical assistance within the aforementioned project. An intra-agency working group was tasked with conducting an analytical review by representatives from the Supreme Court, the General Prosecutor's Office, the Prison Service, and the Probation Department. Zarylbek uulu Almazbek, Deputy Minister of Justice of the Republic emphasized that this analysis would help identify positive aspects and shortcomings in the current system. "This work is necessary and relevant, and we are convinced that it will contribute, among other things, to the harmonization of regulatory legal acts, as well as improved cooperation and interaction with government agencies," Almazbek stated. Cosimo Lamberti-Fossati, Project Manager for the EU delegation noted that the EU-funded “JUST4ALL project plays a key role in promoting the humanization of the criminal justice system in Kyrgyzstan through strengthening the probation system. The collection and analysis of data on criminal justice is key to informing evidence-based sustainable policies and decision making.” Participants at the roundtable highlighted the positive role of the probation service, and the need for tailored approaches when it comes to the social reintegration and rehabilitation. Further challenges include ensuring staff are well-equipped to address the needs of their clients by creating appropriate working conditions and tackling the high turnover rate of probation officers. The participants also agreed on the need to strengthen multistakeholder synergies when implementing alternatives to detention, bringing stakeholders together and allowing them to have an open exchange in a trusted environment. JUST4ALL builds on the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), which encourages Member States to develop non-custodial measures within their legal system to provide alternatives, thus reducing the use of imprisonment, as well as to rationalize criminal justice policies, consider human rights, the requirements of social justice, and the rehabilitation needs of the offender. Vasilina Brazhko is a specialist at the United Nations Office on Drugs and Crime in Central Asia

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Kyrgyzstan’s Special Services Take On The Drug Mafia

The head of Kyrgyzstan's National Security Service, Kamchybek Tashiyev, has commented that unless it is curbed, the country's already highly complex drug situation is likely to be beyond control within ten years. Speaking at a meeting with heads of Kyrgyzstan's police departments, Tashiyev said that the number of both drug distributers and drug users has soared recently, largely among people under 25, and growing drug abuse threatens to reduce the contribution that young Kyrgyz can make to the country. In a move to combat the problem, when evaluating the work of law enforcement agencies, their success in stopping drug trafficking will be factored in. Tashiyev admitted that 12 law enforcement officers have been found to have links to the drug mafia in the past year alone. According to operational data, drug traffickers have flourished in the online space, using modern technology -- even payment goes through electronic wallets. Tashiyev added: "Drugs which used to be [farmed] have now been replaced by synthetic drugs, and the number of laboratories manufacturing these drugs has increased. Substances are sourced from abroad and the drugs are then manufactured in our country." "If the drug situation in the country remains at the same level as it is now, our society will face a big problem in ten years at most. Therefore, all law enforcement agencies must begin a ruthless fight against those who distribute drugs. All measures within the law will be applied to such persons," Tashiyev emphasized. He demanded special control over schools, universities, nightclubs and cafes. Kyrgyzstan is considered a transit country for illegal drugs because of its close proximity to Afghanistan. The estimated number of people who use substances on a regular basis has reached 50,000.

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Traffickers of Human Organs Detained in Kyrgyzstan

The State Committee for National Security (SCNS) of Kyrgyzstan has detained members of an international criminal group at Manas Airport. The criminals had organized a black-market channel for the illegal sale of human organs abroad. All detainees are citizens of the Kyrgyzstan. According to the investigation, the criminal group looked for patients in foreign clinics who were willing to pay large sums of money for the transplantation of a healthy organ. The gang then found donors in Kyrgyzstan, who were fraudulently induced into undergoing organ-harvesting operations. "Donors necessarily underwent a medical examination, where, regardless of [their overall health], always issued a positive conclusion, after which the organizers through corrupt schemes made false documents on the relationship with the patient necessary for submission to the clinic, where the operation will be held," said the SCNS. Investigators found that the donors received between $1,000 and $7,000 for their kidneys. The recruiters of those donors earned about $3,000, and the organizers of the criminal channel received between $30,000 and $70,000. The SCNS said that all necessary measures are currently being taken to identify all those involved in this crime. Earlier this year, Kyrgyz president Sadyr Zhaparov signed a law on the protection of citizens' health, according to which private and public hospitals can engage in organ transplantation. However, a major stipulation requires that the organ recipient must be a relative of the donor. This loophole in the legislation was exploited by criminals by issuing fictitious documents on family kinship.

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Kyrgyz Authorities Name Causes of Military Helicopter Crash

The Chief of Staff of the Kyrgyz Armed Forces has told reporters that the helicopter that crashed outside of Bishkek in January was in good order at the time. Ruslan Mukanbetov named severe weather conditions and human error as the causes of the crash. On 17 January a Mi-8 MTV helicopter belonging to the Kyrgyz army crashed on the outskirts of the capital during a training flight. Eleven people were on board at the time, and one military serviceman died; the rest received injuries of varying severity. Two Kyrgyz servicemen were sent to Turkey for treatment. After the crash, the Kyrgyz military prosecutor's office opened a criminal case, and investigators began deciphering the black box. At the same time the Ministry of Defense also began an investigation. According to the Defense Ministry's press service, the commander of the country's Air Defense Forces, Kylychbek Aidaraliev, and some of his subordinates were suspended while the investigation was carried out. Aidaraliev was ultimately dismissed from his post, and a temporary acting commander of the country's Air Defense Forces has been appointed.

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Kyrgyzstan Minister Says Case Against Media Workers Not About Politics

BISHKEK, Kyrgyzstan – Kyrgyzstan is pushing back against international criticism of a high-profile prosecution of media workers, saying the case is not politically motivated and that those facing charges of inciting mass unrest are poorly educated people masquerading as journalists. Minister of Internal Affairs, Ulan Niyazbekov, said the case against 11 former and current workers for media outlet Temirov Live stems from the publication of false information that flouts the basic rules of journalism. Free speech advocates say Kyrgyzstan is clamping down on what was once a relatively permissive environment for the media. “If they continue to write everything that comes to their mind without facts and evidence, just saying that they are journalists, then we will arrest them,” Niyazbekov said in an interview with Kabar, Kyrgyzstan’s national news agency. He said most of the people accused in the Temirov Live case are “bloggers,” not journalists. “They spread false information because they don't have education and make people panic. And there is no need to make noise about them saying that they are journalists,” he said. The minister’s comments were published on Thursday, two days after a court in Bishkek ordered the transfer of four of the journalists from prison to house arrest. Four others accused in the same case remain in pretrial detention. If convicted, they could be sent to prison for years. Temirov Live is a YouTube-based outlet that has published and broadcast reports on alleged corruption by senior officials. It was founded in 2020 by Bolot Temirov, who was expelled from Kyrgyzstan in 2022. He has said the ongoing case against his colleagues is in retaliation for Temirov Live’s investigations into alleged government misconduct. In an interview with Kabar, Niyazbekov noted that there were potential penalties in Europe and the United States for journalists who spread false or unconfirmed information. “They don't accuse someone without proof,” he said. “If someone tries to slander someone or spread false information about the activities of the authorities, they will be brought to court and pay a large compensation or be imprisoned.” The government in Kyrgyzstan tolerates criticism but its “only demand” is that critics “gather evidence or make the information very precise and then release it to the public,” Niyazbekov stated.

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Kyrgyzstan Court Moves Four Journalists from Prison to House Arrest

BISHKEK, Kyrgyzstan - Four journalists in Kyrgyzstan who were jailed in January on suspicion of inciting mass unrest have been moved to house arrest, while four others accused in the same case remain in pretrial detention. A district court in Bishkek ordered the release on Tuesday of the former employees of Temirov Live, which supporters say is being targeted by the government because of its reports – some on YouTube - on alleged corruption involving senior officials. Police concluded that Temirov Live reports “contain signs of calls for mass chaos,” according to media outlet Politklinika. The four journalists transferred from jail to house arrest are Tynystan Asypbekov, Saipidin Sultanaliev, Joodar Buzumov, and Maksat Tajibek uulu. Those still in jail are Temirov Live director Makhabat Tajibek kyzy; two other journalists with the outlet, Aike Beishekeyeva and Azamat Ishenbekov, and a former Temirov Live journalist, Aktilek Kaparov. A total of 11 former and current Temirov Live workers face charges in the case that could send them to jail for years if they are convicted. Free speech advocates say the prosecution is part of an increasingly restrictive rollback from a time when media enjoyed relative freedom in Kyrgyzstan. The conditions of the journalists still in prison came under further scrutiny this past weekend when Makhabat Tajibek kyzy, the Temirov Live director, alleged that she and other detainees not involved in her case were beaten. Authorities deny the allegation.