"62% of victims of violence do not report crimes to law enforcement agencies because they do not trust the system or consider their work unpromising from the point of view of the real punishment of the perpetrator."
October 10, 2022
Bishkek, October 7, 2022 – amendments to some legislative acts of the Kyrgyz Republic in the field of safeguarding and protection from domestic, sexual, and gender-based violence were presented to the deputies of the Jogorku Kenesh of the Kyrgyz Republic and employees of the Apparatus of the Jogorku Kenesh of the Kyrgyz Republic.
The main initiator of the bill is Dinara Ashimova, deputy of the Jogorku Kenesh from the "Yiman Nuru" faction: "We gathered with deputies and experts to discuss changes to the bill aimed at ending domestic and other forms of violence. One of the main principles aimed at combating domestic violence should be the principle "He who hits, he leaves."
The bill provides for the introduction of various changes simultaneously to several laws, in particular:
- Law "On safeguarding and Protection from Domestic Violence"
- Criminal Code
- Code of Criminal Procedure
- Code of Offences and other legal acts.
Deputies of the Jogorku Kenesh Nurzhigit Kadyrbekov, Marlen Mamataliev, Nadira Narmatova, and Aisarakan Abdibayeva supported this initiative at the round table.
In his speech, Nurzhigit Kadyrbekov, leader of the "Yiman Nuru" faction, noted the importance of the bill for strengthening the family and society as a whole:
"Today, we are considering a vital document. Domestic violence is not only a problem between husband and wife but also between father and mother. After all, the psychological state of their children depends on their relationship. Since ancient times, women's rights have been protected and respected in Kyrgyz customs and religion. That is why we support this bill and thank its initiator."
Marlen Mamataliyev, the initiator of the law on stricter penalties for child abuse, also supported and stressed the importance of protecting the rights of women and children: "We have already passed a law on tougher penalties for pedophiles to protect children's rights. I believe that the law we are now considering will help protect women's rights. Violent manifestations are barbarism. Our faction supports this law and will do everything possible to pass it in the JK."
Legal experts Irina Letova and Aslan Kulbaev and gender expert Nadezhda Prigoda were involved in the development of the draft Law of the Kyrgyz Republic, "On Amendments to Certain Legislative Acts of the Kyrgyz Republic in the Field of Safeguarding and Protection from Domestic, Sexual and Gender Violence" within the framework of the Spotlight Initiative supported by UNDP and UNODC.
Lawyer Aslan Kulbaev noted: "According to the Concept of State Policy in the Field of Crime Prevention for 2022-2028, approved by the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 09/01/2022, 62% of crime victims do not report crimes to law enforcement agencies because they do not trust the system or consider their work unpromising from the point of view of the real punishment of the perpetrator."
Victims of sexual crimes are afraid of being subjected to secondary victimization, which implies the infliction of indirect harm that may be caused to the victim during interaction with law enforcement agencies, lawyers, and representatives of other public authorities. Secondary victimization can manifest as a stereotypical, rude, negative attitude, the humiliation of honor and dignity, etc."
The bill's primary goal is to ensure access to justice for victims of domestic, sexual, and gender-based violence and to increase the efficiency of officials conducting criminal proceedings in guaranteeing the rights and legitimate interests of victims.
A ban on refusal to initiate criminal proceedings for less severe crimes based on the absence of a statement is established, as well as the procedures for an agreement on reconciliation between the victim and the suspect are improved, procedural guarantees for the protection of the rights and legitimate interests of victims are increased.
The Criminal Code expands the list of crimes for which it is not allowed to release the perpetrator from criminal liability based on the reconciliation of the parties. Reconciliation becomes impossible under the following articles:
- Rape (Art. 154)
- Violent acts of a sexual nature (art. 155)
- Coercion to enter into de facto marital relations with a child (Article 173)
- Violation of the legislation on marriageable age during religious rites (nike) (Article 175).
Also, the Criminal Code introduces restrictions on the use of probationary supervision for some crimes related to violence.
The approach to conducting correctional programs for perpetrators of domestic violence is changing.
For information: The presentation of the proposed changes to some legislative acts of the Kyrgyz Republic in the field of safeguarding and protection against domestic, sexual, and gender-based violence was conducted with the support of UNDP, the USAID Zhigerduu Zharandar project as part of a series of events to discuss the draft Law of the Kyrgyz Republic "On Amendments to some legislative acts of the Kyrgyz Republic in the field of safeguarding and protection from domestic, sexual and gender violence." These activities are carried out within the framework of cooperation between the Jogorku Kenesh of the Kyrgyz Republic and the EU-UN Spotlight Initiative.
About the joint EU-UN Spotlight Initiative.
In January 2020, in partnership with the Government of the Kyrgyz Republic, the EU, and the UN launched a multi-year country program under the global Spotlight Initiative to end all forms of violence against women and girls. The program aims to create an environment where all women and girls in Kyrgyzstan, especially the most vulnerable, live free from violence and harmful practices, including child marriage and ala kachuu. The program includes a set of integrated measures in the field of policy and legislation, strengthening institutions, preventing violence, providing services to victims of violence, collecting quality data, and supporting the women's movement and civil society. The program is implemented by five UN agencies (UN Women, UNFPA, UNDP, UNICEF, and UNODC) under the overall supervision of the UN Resident Coordinator in the Kyrgyz Republic.
Media contacts: Ainagul Abdrakhmanova, Head of Communications, UNDP, at firstname.lastname@example.org or by phone: +996 770 183493