On December 10, 2025, the Constitutional Court considered the request of the President of the Kyrgyz Republic for an opinion on a draft law that aimed to introduce the possibility of applying the death penalty for certain serious crimes, including the rape of children. The Court, exercising its constitutional powers, assessed the compliance of the proposed amendments with the Constitution and their impact on the fundamental principles of the constitutional order, including the protection of human rights and freedoms.
In its decision, the Court emphasized that the Constitution establishes human rights as the highest value, and the guarantees for their protection form the basis of the constitutional order. Any changes in the area of fundamental rights must take into account their systemic nature and the possible impact on the functioning of the entire system of protection of individual rights. The Court also highlighted the importance of preventing a deterioration in the level of protection of rights and freedoms, emphasizing that the stability of these guarantees is fundamental to the recognition of human dignity.
The prohibition of the death penalty and the recognition of the right to life, in the Court's opinion, have not only legal but also value significance, reflecting the choice of the people in favor of a legal regime that excludes this form of punishment. The restoration of the death penalty through a constitutional amendment would mean a rejection of the established system of standards, which contradicts the chosen direction aimed at protecting human dignity.
The Court also pointed out the international legal aspects of the issue under consideration. The Constitution of the Kyrgyz Republic recognizes international norms and principles as part of its legal system, which implies the state's obligation to comply with international commitments. According to the Vienna Convention, domestic legislation cannot serve as an excuse for violating international agreements. The Second Optional Protocol to the International Covenant on Civil and Political Rights, ratified by Kyrgyzstan, completely abolishes the death penalty and does not contain a mechanism for its reinstatement. This means that by signing the protocol, the state has undertaken an indefinite obligation not to return to this form of punishment, making the introduction of the death penalty contradictory to the country's international obligations.
Thus, the Constitutional Court, having gathered all the aforementioned arguments, concluded that the restoration of the death penalty through amendments to the Constitution is impossible and unacceptable. The draft law of the Kyrgyz Republic "On Amending the Constitution" cannot be submitted to a referendum, and all processes related to its implementation must be suspended from the moment the decision of the Constitutional Court comes into force.
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