According to the information, the Constitutional Court assessed how the proposed changes align with the Constitution and how they may affect the fundamental principles of the constitutional order, particularly the protection of human rights and freedoms, as well as the democratic foundations of the state. The court also took into account Kyrgyzstan's international obligations arising from ratified agreements.
In its statement, the court noted that the Constitution protects human rights and freedoms as the highest value, and the system of their guarantees forms the fundamental basis of the constitutional order. The court emphasized that any changes in the area of human rights and freedoms must consider their interconnection and potential consequences for the entire model of personal protection, as well as prevent regression in the level of guarantees of rights and freedoms. "The stability and consistency of these guarantees constitute the essence of the constitutionally enshrined priority of the individual and their dignity," the statement added.
In this context, the Constitutional Court emphasizes that the prohibition of the death penalty and the priority of the right to life have not only legal but also value significance.
The court also pointed out the international legal aspects of this issue. The Constitution of Kyrgyzstan states that universally recognized principles and norms of international law are part of the country's legal system, which implies the necessity of adhering to international obligations when making decisions. According to the Vienna Convention on the Law of Treaties, a state cannot rely on its internal laws as a justification for failing to fulfill international obligations, and the termination or suspension of a treaty is only possible in strictly defined cases," the representatives of the Constitutional Court added.
Based on the analysis of constitutional and international arguments, the Constitutional Court concluded that the restoration of the death penalty through a constitutional amendment does not comply with the Constitution and is legally impossible.
Thus, the draft law on amendments to the Constitution of the Kyrgyz Republic cannot be put to a referendum, and all actions for its implementation must be halted from the moment the conclusion of the Constitutional Court comes into force.
It is worth noting that the proposal to reinstate the death penalty for serious crimes against women and children was made by President Sadyr Japarov. This proposal was a response to the tragic case of the murder of 17-year-old Aysulu Mukasheva, who was kidnapped and raped on September 27. This incident sparked widespread public outcry.
Amendments regarding the reinstatement of the death penalty were put up for public discussion. Kyrgyzstan also plans to withdraw its ratification of the UN protocol concerning the abolition of the death penalty.
