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...

Child Brides, 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...