Bride Kidnapping - The Times Of Central Asia

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Human rights

Kazakhstan Criminalizes Forced Marriage in Landmark Legal Reform

Kazakhstan has introduced criminal liability for forced marriage for the first time, following the adoption of significant amendments to the country’s criminal legislation. Effective September 16, the reforms formally recognize coercion into marriage as a criminal offense. Penalties range from fines of up to $14,500 and corrective labor, to prison terms of up to 10 years in cases involving serious consequences. “These changes to criminal law are aimed at strengthening the protection of citizens' rights and freedoms,” the Ministry of Internal Affairs said in a statement. The legislation, titled On Amendments and Additions to Certain Legislative Acts on the Optimization of Criminal Legislation, also eliminates a loophole in Article 125 of the Criminal Code. Previously, individuals who voluntarily released a kidnapped person could avoid prosecution. That exemption has now been revoked. A new provision, Article 125-1, Coercion to Marry, has been introduced, criminalizing marriages entered into under duress or physical coercion. Penalties are more severe when the victim is a minor, when the crime is committed by a group, or when the perpetrator abuses an official position. Targeting Bride Kidnapping Practices The amendments aim in part to curb the persistent tradition of alyp qashu, the abduction of girls for the purpose of forced marriage. Despite its legal status as a crime, the practice still occurs in parts of the country. Human rights activists have highlighted that alyp qashu often involves physical and psychological abuse, with victims subjected to family pressure. Many are told that refusing to marry would bring shame or misfortune to their relatives. The psychological toll can be profound, leading to anxiety, depression, panic attacks, and social withdrawal. On July 16, President Kassym-Jomart Tokayev signed into law the specific criminalization of bride kidnapping. The Mangistau Region Prosecutor’s Office emphasized the importance of consent, stating: “Coercion into marriage is the conclusion of a marriage against a person's will through pressure or violence. Such an act is a gross violation of human rights.” The office also stressed that: “Kidnapping a girl without her consent is not a tradition, but a crime.” The legal reforms are designed to protect vulnerable people, particularly women and adolescents. By increasing penalties for forced marriages, Kazakhstan’s government signals a clear intent to confront deeply rooted practices that undermine basic human rights.

Women's rights

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...

Crime

Abenov Among Kazakh Deputies Targeting Bride Kidnapping

Kazakhstani parliamentarian Murat Abenov has proposed introducing a specific article in the Criminal Code to criminalize bride theft, suggesting prison terms of up to ten years. While some lawmakers support his initiative, others believe existing laws are sufficient to address such crimes. Proposal to Address Bride Theft According to Abenov, three crimes against women have been recorded this year under Article 125 of the Criminal Code, which covers “Kidnapping.” However, Abenov believes the actual number of such cases is significantly higher. For instance, over the past three years, 214 women filed complaints related to bride theft, but only ten cases went to trial. Abenov has proposed a separate article in the Criminal Code to specifically address bride theft, with penalties designed to reflect the severity of the crime. His proposal includes: A minimum sentence of two years in prison or a fine of 2,000 monthly calculation indices (MCI), equivalent to 7.8 million KZT ($15,000), for kidnapping a woman to force her into marriage; If the abducted woman is under 18, if force is used, or if the crime involves multiple perpetrators, the penalty would increase to a fine of 5,000 MCI (19.6 million KZT or $37,800) or three to five years in prison; and In cases where unintentional harm to the victim’s health occurs during the abduction, the sentence could be up to ten years in prison. "If a woman is held against her will and subjected to psychological or physical pressure, the law must protect the victim," Abenov emphasized, confirming that the proposal has already been submitted to a working group for consideration. Debate Among Lawmakers This is not the first time the issue of bride theft has been raised in Kazakhstan’s parliament. In December 2023, another Mazhilis deputy, Yedil Zhanbyrshin, introduced a similar initiative, which was supported by Mazhilis Speaker Yerlan Koshanov. However, that proposal was not formalized into legislation. Some deputies argue that existing laws, such as Article 125, are sufficient. This article provides for imprisonment of four to seven years for kidnapping, regardless of the victim’s identity. "We already have articles in the Criminal Code addressing illegal detention and kidnapping. I’m not convinced we need to specify that it’s a fiancée. What’s the difference? Whether I kidnap a child, an adult, or a senior citizen, it is already a criminal offense," said MP Aidos Sarim. Bride Theft in Central Asia As The Times of Central Asia previously reported, 18 criminal cases of bride theft were initiated in Kazakhstan in 2023. Six of these cases occurred in the country’s largest city, Almaty, while one was recorded in the capital, Astana. Circumventing the bride price, alyp qashu – “take and flee” - is a ritual form of bride-snatching endemic throughout much of Central Asia. With the Soviets having destroyed swathes of local identity, debate rages as to the ethnographic roots of the practice, but what is certain is that it was on the increase in the 2010s. Most prevalent regionally in Kyrgyzstan, where it is known as Ala...

Women's rights Traditions Bride Kidnapping Crime Social Legislation

Why Have Cases of Abduction of Women for Marriage Not Decreased in Kazakhstan?

In Kazakhstan, the statistics related to criminal cases regarding the abduction of women as brides does not show material change, a study conducted by analysts at Ranking.kz shows. Referring to the data of the Committee on Legal Statistics and Special Records of the General Prosecutor's Office of Kazakhstan, the authors of the study report that last year, 18 such criminal cases were recorded. Of these, two-thirds (12 cases) were registered in the southern regions, and two cases each in the eastern, western and central parts of the country. The report notes that the problem is characteristic not only of remote rural settlements, but also of large metropolitan areas. Thus, 6 out of 12 ‘southern’ criminal cases of abduction of women were in Almaty, and a single case was registered in Astana. But the number of registered criminal cases on another related criminal offense, namely illegal deprivation of liberty that occurs when a woman is forcibly kept in the house of her fiancé, has noticeably decreased since 2018 from 71 to 13 cases nationwide. It is worth noting that these statistics only partially reflect the situation on the ground as some Kazakhs continue to disguise this criminal offense as the ancient custom of "qyz alyp qashu" (bride kidnapping). According to Artur Lastaev, the Commissioner for Human Rights in Kazakhstan, at least two factors affect the situation. Firstly, Kazakhstan does not have a separate article for abducting women for the purposes of marriage, and therefore all abductions of women are registered under one crime, i.e. Article 125 of the Criminal Code of the Republic of Kazakhstan. Secondly, most of the abductions of women for marriage are not even included in statistical reports as they are often covered up. In his report last year, Lastaev wrote: "We can only guess about the real figures of bride theft. Stereotypes persist in society that do not allow women to report the use of this type of coercion. In most cases, perpetrators and victims are not even aware of the criminal nature of such acts and criminal responsibility for them." According to the data published by the Ombudsman within the framework of the International Scientific and Practical Conference, "Countering domestic violence: problems and solutions", 214 criminal cases have been initiated in Kazakhstan since 2019 for the abduction of women. Of these, 94.3% were terminated due to lack of corpus delicti. Only 10 cases were sent to the courts, and 27 people were brought to bear responsibility for their actions. The Commissioner for Human Rights believes that a separate article for abduction of women for forced marriage should be introduced into the Criminal Code of the Republic of Kazakhstan. According to Lastaev, this should have a preventative effect and reduce the level of crime against women. The General Prosecutor's Office, where the proposal has been sent, supported the initiative, but amendments to the laws have not yet been adopted. More than a year ago, experts from Kazakhstan’s Institute for Social Development conducted a sociological study on gender...

Bride Kidnapping

Child Brides and Forced Marriages Among Gender Equality Topics

Kyrgyz Ombudsman Dzhamilya Dzhamanbaeva met with USAID's Senior Global Coordinator for Gender Equality and Women's Empowerment, Jamille Bigio in Bishkek. According to the ombudsman's office, the parties discussed important issues in the protection of freedoms and human rights. The key topics of conversation were reportedly the problem of early marriage among women in Kyrgyzstan, and the protection of children's rights. The ombudsman's office cited an example of a 15-year-old girl being married against her will to a much older man. "There is an urgent need to support victims of early marriages, because they are exposed to domestic violence... For example, a 23-year-old mother of three approached the Ombudsman Institute complaining of domestic violence. As it transpired, she had been forcibly married at age 15 to a man three times her age," Dzhamanbaeva said. The ombudsman stated that her office receives many appeals from girls complaining about domestic violence, and its review has revealed facts about forced early marriages. According to the Institute, such egregious facts are not isolated in Kyrgyzstan, and there is a need for the government to take measures to prevent them. In the past, human rights activists have repeatedly stated that the police are reluctant to consider cases of domestic violence, because the spouses very often reconcile, and the victim withdraws her statement. Furthermore, the Supreme Court has recognized that police systematically fail to prosecute domestic violence cases, "because of widespread misconceptions and gender stereotypes present at all levels of law enforcement and judicial systems." "The police often see no need to intervene in what they consider to be 'private matters,' and do not recognize domestic violence as acts requiring preventive measures or investigation," noted a Kyrgyz Supreme Court report. As a result, law enforcement officials often try to dissuade victims from filing a formal complaint. The situation is similar regarding the practice of bride kidnapping. However, under public pressure, in 2019 the Kyrgyz authorities toughened the punishment for kidnapping girls in order to marry them. According to the criminal code, this offense now carries a prison sentence of 5 to 10 years. Additionally, the fine for forcing girls under the age of 17 into marriage can be up to 200,000 som ($2,200). The ombudsman also said a new bill is being drafted to strengthen the mandate of the ombudsman's office and allow representatives to participate in closed-court sessions involving children. "Currently, the institute's employees are not allowed to attend such sessions, [as per] the criminal code. In this regard, we have no opportunity to ensure the protection in court of the rights of children who have been abused. With the adoption of the new law, we will be able to monitor closed trials," the ombudsman emphasized. USAID's representative, Bigio noted the importance of strengthening cooperation on the protection of children's rights and the development of mechanisms to protect against early marriage, saying that USAID is ready to continue to cooperate with the government of Kyrgyzstan, authorized bodies and human rights defenders and to provide all of...