According to the draft, amendments to the Constitution are proposed to introduce the death penalty for certain serious crimes. The bill, in particular, amends the first part of Article 25, allowing for this measure to be applied for the rape of children and murders associated with rape.
The text of the bill reads as follows:
LAW
OF THE KYRGYZ REPUBLIC
On Amending the Constitution
of the Kyrgyz Republic
Article 1
To amend the Constitution of the Kyrgyz Republic, adopted by referendum (popular vote) of the Kyrgyz Republic
on April 11, 2021, as follows:
– to present the first part of Article 25 in the following wording:
“1. Everyone has the inalienable right to life. Any encroachment on the life and health of a person is unacceptable. No one may be arbitrarily deprived of life.
The death penalty may be established by law only for the rape of children and murder associated with rape.”.
Article 2
This Law shall enter into force on the day of its official publication.
The President
of the Kyrgyz Republic
JUSTIFICATION NOTE
to the draft Law of the Kyrgyz Republic
“On Amending the Constitution of the Kyrgyz Republic”
Goal and Objectives
The main goal of the bill is to protect the life and health of women and children from criminal encroachments.
Descriptive Part
According to Article 20 of the Constitution of the Kyrgyz Republic, children are the most important value. Article 23 guarantees the rights and freedoms of individuals, including the right to life and protection from violence. The state is obliged to protect children from physical and sexual crimes.
The legislation of the Kyrgyz Republic establishes that every child has the right to protect their honor and dignity. The state ensures protection from violence and persecution.
Responsibility for crimes against children and women is also enshrined in international norms to which Kyrgyzstan has acceded.
The UN Convention on the Rights of the Child obliges states to protect children from all forms of violence, including sexual violence. The Declaration on the Elimination of Violence against Women also recommends developing measures against violence.
The Constitution of the Kyrgyz Republic and international agreements affirm that the right to life is an inalienable right of every individual.
Unfortunately, there is a growing trend of serious crimes against women and children in the country, including rapes and murders.
According to the General Prosecutor's Office of Kyrgyzstan, statistics show an increase in cases of murder and rape in recent years:
Murder:
2021: 39 cases (including 2 among children under 14 years);
2022: 43 cases (including 1 among children under 14 years);
2023: 25 cases (including 2 among children under 14 years);
2024: 43 cases (including 5 among children under 14 years);
2025 (for 8 months): 28 cases (including 3 among children under 14 years).
Rape:
2021: 80 cases (including 21 among children under 14 years);
2022: 70 cases (including 34 among children under 14 years);
2023: 175 cases (including 44 among children under 14 years);
2024: 107 cases (including 53 among children under 14 years);
2025 (for 8 months): 81 cases (including 20 among children under 14 years).
The data confirms that protecting women and children from violence requires more effective measures. However, official statistics do not always reflect the real situation, as many cases remain unrecorded.
Difficulties in accounting for crimes arise from the victims' fear of reporting violence, leading to the continuation of crimes.
Cases of violence in the media have become commonplace and no longer shock society. This raises concerns and underscores the need for strict measures against criminals.
The situation requires discussion of the possibility of reinstating the death penalty as a punishment for serious crimes against women and children. Protecting their rights and lives is impossible without strict punishment for crimes.
It should be noted that the death penalty was abolished in Kyrgyzstan in 2010. However, in light of the increasing number of crimes, the bill proposes to reinstate this measure as an exceptional one.
The draft law proposes to amend part 1 of Article 25 to include the possibility of applying the death penalty for certain crimes.
Furthermore, the bill proposes to repeal the previous law abolishing the death penalty.
The Ministry of Foreign Affairs is tasked with notifying the UN of the intention to repeal the previous law.
If the law is adopted, amendments to the Criminal Code and other laws will be submitted to the Jogorku Kenesh for consideration to align them with the new legislation.
At the same time, the adoption of additional subordinate acts is not required.
Forecast of Possible Consequences.
The adoption of the bill will not entail social or economic consequences.
Information on the Results of Public Discussion
The draft underwent public discussion from “__” _________ 2025 to “__” ____________ 2025, posted on the official website of the Unified Portal.
Analysis of Compliance of the Draft with Legislation
The draft does not contradict the current legislation and international agreements to which Kyrgyzstan is a party.
Information on the Need for Funding
The adoption of the bill will not require additional budget expenditures.
[b]Information on the Analysis of Regulatory Impact[/b>
The bill does not require an analysis of regulatory impact, as it does not concern business activities.
