In their statement, activists pointed out that the presidential administration has presented a draft law concerning the repeal of the "Law on the Accession of the Kyrgyz Republic to the Second Optional Protocol to the International Covenant on Civil and Political Rights," which could lead to the reinstatement of the death penalty.
Members of the platform express a unified position against the return of the death penalty, stating that it contradicts both the Constitution and the international obligations of Kyrgyzstan. They emphasize that such steps open the way to legal and practical risks.
Activists also support the public's desire to protect women and children from serious crimes; however, they believe that the death penalty will not solve the problem and will lead to negative consequences.
Among these consequences are:
1. Conflict with the Constitution and international norms. The return of the death penalty contradicts Article 25 of the Basic Law. Furthermore, the denunciation of the Second Optional Protocol, ratified by Kyrgyzstan on December 6, 2010, is legally impossible, as the Protocol does not provide for an exit procedure and is interpreted by the UN as an irreversible commitment not to apply the death penalty.
2. Lack of deterrent effect. Systematic studies show that there is insufficient evidence to support the claim that the death penalty is more effective in reducing crime than life imprisonment. Research from the National Academy of Sciences of the USA found no compelling evidence in favor of this assertion.
3. Deterioration of international image and associated risks. The return to the death penalty will be perceived as a step backward in the field of human rights, which could negatively affect Kyrgyzstan's reputation and lead to losses in investment and international cooperation.
In light of the above, the Media Action Platform of Kyrgyzstan calls on the president:
1. To withdraw the draft law and confirm the unchangeability of the constitutional ban on the death penalty, as well as to abandon any initiatives for its restoration, as this contradicts both the Constitution and the Second Optional Protocol.
2. To redirect the public demand for security into real measures that can genuinely protect women and children.
The Constitutional Court should clarify:
— that the norms of the Constitution and the legal nature of the Second Optional Protocol exclude the possibility of reinstating the death penalty;
— that any laws or referendums aimed at restoring the death penalty will contradict the Basic Law and the international obligations of Kyrgyzstan;
— that attempts to repeal the domestic law on accession do not change the international legal status of the country and violate the principle of the supremacy of the Constitution.
The Prosecutor General's Office and the Ministry of Internal Affairs need to focus on ensuring strict punishment for crimes against children and women:
— to introduce life imprisonment without the possibility of parole for crimes related to rape and murder;
— to expedite the process of DNA testing and special investigation procedures;
— to expand protective measures for victims;
— to create a registry of sexual offenders;
— to enhance electronic monitoring;
— to develop preventive programs.
