As a result of reviewing the material, the court concluded that the initiative contradicts the fundamental provisions of the Constitution and the international obligations of the country. In this regard, it cannot be put to a vote and must be terminated at all stages.
In its decision, the court emphasized that human rights and their freedoms represent the greatest value in the state structure. Any changes in this area must be considered from the perspective of their systemic nature, as well as the inadmissibility of reverting to less humane standards. The prohibition of the death penalty and the priority of the right to life, as noted by the court, have both legal and value-based nature, reflecting Kyrgyzstan's choice in favor of a humanitarian legal system.
The court also drew attention to the international legal context, pointing out that Kyrgyzstan is a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights. This document implies the complete and final abolition of the death penalty and does not provide for any possibility of withdrawing from its obligations.
Thus, the state is obliged to consistently refrain from reinstating the death penalty under any circumstances. Any attempt to introduce it into national legislation will be regarded as a violation of international agreements, which is incompatible with the Constitution and the principles of good faith in fulfilling obligations.
As a result of analyzing all the presented arguments, the Constitutional Court concluded that it is legally impossible to restore the death penalty in Kyrgyzstan. All procedures related to the implementation of this initiative are terminated from the moment the court's decision comes into force.
