She emphasized that one of the most vulnerable groups, such as refugees, encounters serious problems. In particular, there have been cases of criminal cases initiated under Article 378 of the Criminal Code of the Kyrgyz Republic for illegal border crossing, which contradicts the provisions of the Refugee Convention and the Law of the Kyrgyz Republic "On Refugees," which exempt such individuals from criminal liability, Jakupova noted.
She also mentioned a second key issue: illegal expulsions and deportations of individuals who have applied for asylum, as well as cases of positive responses to extradition requests.
According to her, there has recently been an increase in the number of detentions and subsequent expulsions by the Ministry of Internal Affairs and the State National Security Committee of individuals who have submitted asylum applications. This creates a risk of returning such people to countries where they face persecution, torture, and other forms of cruel treatment. It has been established that detainees can be held in deportation centers for 10 to 30 days, effectively deprived of their freedom, without access to lawyers or the ability to report instances of violence. This creates risks of concealing cases of torture and violates the rights of refugees, the human rights defender added.
Jakupova also noted that the root of these problems lies in systemic and managerial shortcomings.
She explained that delays in documenting individuals seeking asylum, as well as those who are illegally in the country, are long-standing and result from insufficient work by the migration service of the Ministry of Labor and Social Protection. In her opinion, the migration department should be transferred to another agency, as it lacks the necessary independence and constantly awaits approval from other structures. "It is necessary to create an independent body that will have the appropriate powers and be able to respond promptly to such issues," she added.
Furthermore, Jakupova proposed to strengthen control over the documentation process for individuals seeking asylum and expressed hope for assistance from the General Prosecutor's Office in reviewing the system's operations. She also emphasized the importance of adhering to legislation regarding illegal border crossings.
In her opinion, border guards are acting well; however, there is a lack of interagency coordination between the Ministry of Labor, Social Protection, Migration, the Ministry of Internal Affairs, and the State National Security Committee, as well as a unified database, which is the main problem.
Photo on the main page is illustrative: comments.ua.
