“The death penalty will not yield the expected results and will create serious legal and practical risks”
The Media Action Platform of Kyrgyzstan (PDMC) calls on government officials to cancel the bill on “recognizing as invalid the Law of the Kyrgyz Republic on the accession of the Kyrgyz Republic to the Second Optional Protocol to the International Covenant on Civil and Political Rights.” The PDMC emphasizes that the adoption of this bill will open the possibility of reinstating the death penalty in the country’s legal system.
“We understand that the public demands protection for women and children from serious crimes. However, reinstating the death penalty will not solve this problem and will lead to serious legal consequences,” representatives of the PDMC state.
1. Contradiction to the Constitution and international norms. The reinstatement of the death penalty violates Article 25 of the Constitution of Kyrgyzstan. Moreover, the denunciation of the Second Optional Protocol, which was ratified on December 6, 2010, is legally impossible. The Protocol does not provide for the possibility of denunciation, and according to the UN's interpretation, this means an irreversible renunciation of the death penalty. A participant who joined the protocol unconditionally cannot resume the application of the death penalty under any circumstances. This position is confirmed by statements from the Office of the UN High Commissioner for Human Rights and the opinions of legal experts.
2. Lack of deterrent effect. Numerous studies do not support that the death penalty reduces crime rates more effectively than life imprisonment. The National Academy of Sciences of the USA concluded that existing studies do not provide convincing evidence for the deterrent effect of the death penalty, which is also confirmed by other scientific reviews.
3. Deterioration of international image and external risks. The resumption of the death penalty will be perceived as a step backward in terms of human rights and the rule of law. This will negatively affect Kyrgyzstan's image and lead to real consequences, including reputational and financial losses, reduced investments, and worsened cooperation conditions with international partners,” the appeal notes.
In this regard, the PDMC calls for:
1. The President of the Kyrgyz Republic:
- to cancel the aforementioned bill and publicly confirm the unchangeability of the constitutional ban on the death penalty, as well as to abandon any initiatives for its reinstatement, as this is legally impossible according to Article 25 of the Constitution and the Second Optional Protocol to the International Covenant;
- to channel public concern about safety into a package of effective measures that will genuinely protect women and children.
2. The Constitutional Court of the Kyrgyz Republic to clarify that:
- the norms of the Constitution and the legal nature of the Second Optional Protocol exclude the possibility of “withdrawing” or “reinstating the death penalty”;
- any law or referendum on reinstating the death penalty contradicts the Constitution and international obligations of the Kyrgyz Republic and cannot enter into force;
- attempts to “replace” the effect of international obligations by canceling domestic law on accession do not change the international legal status of Kyrgyzstan and violate the principle of the supremacy of the Constitution and good faith in treaty performance.
3. The General Prosecutor's Office and the Ministry of Internal Affairs of the Kyrgyz Republic to focus efforts on the severity of punishment for crimes against children and women:
- to introduce life imprisonment without the possibility of parole for crimes related to the rape and murder of children and women;
- to expedite the process of conducting DNA tests and special investigations;
- to improve protective measures for victims;
- to create a registry of sexual offenders;
- to expand electronic monitoring;
- to strengthen preventive measures through targeted programs.
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