In its statement, the Constitutional Court emphasized that any changes must be consistent with the Constitution as a whole and should not violate the foundations of the constitutional order, where human rights and democratic principles play a key role. The court also pointed out the importance of ensuring that the proposed changes comply with international obligations arising from agreements signed by Kyrgyzstan.
The court noted that the prohibition of the death penalty and the recognition of the right to life have not only legal but also value significance, reflecting the choice of the Kyrgyz people in favor of a legal system that excludes this measure of punishment. These principles shape criminal policy, the justice system, and the work of law enforcement agencies.
The restoration of the death penalty through constitutional amendments would be a step backward, threatening the fundamental standards of legal development and deviating from the principle of respect for human dignity and the protection of rights.The court also considered the international aspects of the issue. According to the Constitution, universally recognized norms of international law are part of the national legal system, which obliges the country to adhere to its international commitments when making decisions.
In accordance with the Vienna Convention on the Law of Treaties, countries cannot justify non-fulfillment of obligations by domestic law and can only suspend the operation of agreements in strictly limited cases. The Second Optional Protocol to the International Covenant on Civil and Political Rights, of which Kyrgyzstan is a party, aims at the complete abolition of the death penalty and does not provide for the possibility of its reinstatement. This implies that Kyrgyzstan has undertaken an unconditional commitment not to introduce the death penalty under any circumstances.
Introducing the death penalty within the country under such conditions would place Kyrgyzstan in a position incompatible with its international obligations and constitutional principles.
Taking into account all the arguments presented, the Constitutional Court concluded that the restoration of the death penalty through amendments to the Constitution does not comply with the fundamental laws of the country and is legally impossible.Thus, the initiative to amend the Constitution cannot be put to a referendum, and all actions for its implementation must cease from the moment the Constitutional Court's conclusion is published.
The resolution has already been posted on the official website and is mandatory for all state bodies to implement.
It is worth noting that earlier, President Sadyr Japarov proposed to reinstate the death penalty for particularly serious crimes against women and children in the wake of public outcry caused by the murder of 17-year-old Aysulu Mukasheva, who was abducted and raped on September 27 in the Issyk-Kul region. However, in mid-October, several international human rights organizations condemned this initiative, stating that the reinstatement of the death penalty would violate both the Constitution of Kyrgyzstan and international obligations, without leading to a reduction in the level of violence.
