Domestic implementation of international criminal law
Kyrgyz Republic
Domestic Legislation | Resources and Links
Crimes Crimes against Peace / Crime of Aggression
◼ 2017 Criminal Code (in force as of 01 January 2019):
The Crime of Aggression is provided for under Section XI ("Crimes against the international law and order"), Chapter 52 ("Crimes against the peace and security of mankind"), Article 380 of the 2017 Criminal Code of Kyrgyzstan:Article 380. Crimes against Peace
Additionally, Article 385 punishes war propaganda aimed at causing aggression by one country against another or unleashing a military conflict.
Planning, preparation, unleashing, participation in armed aggression, waging of aggressive war in violation of international treaties, as well as participation in a conspiracy to commit the acts referred to in this article,
Shall be punished by imprisonment as provided for under category VI [imprisonment for a term of 12 years and 6 months to 15 years], or by life imprisonment with or without a fine of category VI.
See Russian version of the 2017 Criminal Code of Kyrgyzstan under the Resources and Links section below.◼ 1997 Criminal Code (in force until 01 January 2019): No provision
Crimes Against Humanity
◼ 2017 Criminal Code (in force as of 01 January 2019):
Crimes against Humanity are provided for under Article 381 of the 2017 Criminal Code of Kyrgyzstan:Article 381. Crimes against humanity
Enforced disappearances are included in Article 382 of the 2017 Criminal Code of Kyrgyzstan also under Chapter 52 on "Crimes against the peace and security of mankind":
Unlawful deportation, unlawful detention, slavery, mass or systematic extrajudicial executions, a deliberate systematic widespread attack against any civilian population, forcible transfer, kidnapping, torture or any act of persecution committed for the purpose of discrimination based on sexual, racial, linguistic, disability, ethnical, religious, age, or political grounds, or based on other beliefs, education, origin, property and any other status of the civilian population -
Shall be punished by imprisonment as provided for under category VI [imprisonment for a term of 12 years and 6 months to 15 years], or by life imprisonment with or without a fine of category VI.Article 382. Enforced disappearance
See Russian version of the 2017 Criminal Code of Kyrgyzstan under the Resources and Links section below.
Enforced disappearance, that is, the arrest, detention or abduction of persons by the State or a political organization or with their authorization, support or acquiescence, followed by a refusal to acknowledge that deprivation of liberty or to disclose the fate or whereabouts of those persons with a view to depriving them of the protection of the law for a prolonged period of time, - shall be punished by imprisonment as provided for under category VI.◼ 1997 Criminal Code (in force until 01 January 2019): Chapter 34 under Section XII concerns "Crimes against the Peace and Security of Mankind", although it does not contain any definition of crimes against humanity.
See:Criminal Code of the Kyrgyz Republic. 01 October 1997, No. 68. (English version with amendments up to 15 August 2007, No. 152)
(Criminal Code adopted by the Jogorku Kenesh of the Kyrgyz Republic on 18 September 1997 and in force until 01 January 2019 according to Law No. 10 of 24 January 2017 of the Jogorku Kenesh). [ENG].Genocide
◼ 2017 Criminal Code (in force as of 01 January 2019): Genocide is defined in Article 383 of the 2017 Criminal Code:
"Article 383. Genocide
Actions aimed at the complete or partial extermination of a national, ethnic, racial or religious group by killing its members, inflicting grave injuries to their health, forcible prevention of childbirth, forcible transfer of children, forcible resettlement, or by any other method of creating living conditions intended to bring about the physical destruction of the members of this group,
shall be punishable by deprivation of liberty as provided by category VI [imprisonment for a term of 12 years and 6 months to 15 years] or by life imprisonment with or without a fine of category VI."◼ 1997 Criminal Code (in force until 01 January 2019): Genocide is defined in Article 373 of the 1997 Criminal Code:
"Article 373. Genocide
See:
Actions aimed at the complete or partial extermination of a national, ethnic, racial or religious group by killing its members, inflicting grave injuries to their health, forcible prevention of childbirth, forcible transfer of children, forcible resettlement, or by any other method of creating living conditions intended to bring about the physical destruction of the members of this group,
shall be punishable by imprisonment for a term of 12 to 20 years, or imprisonment for life."Criminal Code of the Kyrgyz Republic. 01 October 1997, No. 68. (English version with amendments up to 15 August 2007, No. 152)
(Criminal Code adopted by the Jogorku Kenesh of the Kyrgyz Republic on 18 September 1997 and in force until 01 January 2019 according to Law No. 10 of 24 January 2017 of the Jogorku Kenesh). [ENG].War Crimes
◼ 2017 Criminal Code (in force as of 01 January 2019): War crimes are provided for under Chapter 52 ("Crimes against the peace and security of mankind"), Articles 384 and 387, and Chapter 53 ("War crimes and other violations of the laws and customs of war"), Articles 389-395 of the 2017 Criminal Code of the Kyrgyz Republic:
Section XI. Crimes against the international law and order
[See Russian version under the Resources and Links section below]
Chapter 52. Crimes against the peace and security of mankind [...]Chapter 53. War crimes and other violations of the laws and customs of war
- Article 384. Production, purchase, transfer, stockpiling, use or proliferation of weapons of mass destruction. [...]
- Article 387. Attack on persons or organizations enjoying international protection
- Article 389. Violation of the laws and customs of war
- Article 390. Violence against residents in areas of military operations
- Article 391. Pillage
- Article 392. Criminal violations of international humanitarian law
- Article 393. Failure to act or the issuance of illegal orders during military operations
- Article 394. Illegal use of signs protected by international treaties
- Article 395. Mercenarism.
◼ 1997 Criminal Code (in force until 01 January 2019): No specific provision except for Art. 375 concerning mercenarism:
"Article 375. Mercenaries
[Wording of Article 375 as amended in accordance with the Law of the Kyrgyz Republic of 21 July 2015, No. 184 and Law of 02 August 2016, No. 162]
(1) The recruitment, training, training aimed at the acquisition of the skills and abilities to commit a terrorist or extremist crime, financing or other material support for mercenaries, as well as their use in armed conflict or military operations -
shall be punished by imprisonment for a term of eight to fifteen years with confiscation of property.
(2) Participation of a mercenary in an armed conflict or military operations -
shall be punished by imprisonment for a term of eight to fifteen years with confiscation of property.
(3) The same act, if committed:1) by a group of persons by prior conspiracy;
Note. A mercenary is a person who acts in order to obtain material reward or moved by other interest and who is not a citizen of the State in whose armed conflict or military operations he participates, who does not reside on a permanent basis on its territory, and who is not a person directed to perform official duties."
2) an organized criminal group;
3) using his official position;
4) in respect of a minor -
shall be punished with imprisonment from fifteen to twenty years or life imprisonment with confiscation of property.
However, Article 6.3 of the Constitution of the Kyrgyz Republic, adopted by referendum on 27 June 2010, provides that "International treaties to which the Kyrgyz Republic is a party that have entered into force under the established legal procedure and also the universally recognized principles and norms of international law shall be the constituent part of the legal system of the Kyrgyz Republic", and that "[T]he provisions of international treaties on human rights shall have direct action and be of priority in respect of provisions of other international treaties."
Article 1.1 of the 2017 Criminal Code of Kyrgyzstan provides that "[T]he Criminal Law of the Kyrgyz Republic consists of this Code, based on the Constitution of the Kyrgyz Republic, the universally recognized principles of international law and standards, and also in accordance with international treaties in force to which the Kyrgyz Republic is a party (hereinafter referred to as international treaties)."
In turn, Article 1.1 of the 1997 Criminal Code of Kyrgyzstan provides that "[C]riminal laws of the Kyrgyz Republic include this Code based on the Kyrgyz Republic Constitution and provisions contained in international agreements and other acts ratified by the Kyrgyz Republic Jogorku Kenesh."
Kyrgyzstan is a state party to the 1949 Geneva Conventions and their additional Protocols of 1977, as well as other important International Humanitarian Law treaties and conventions (see "List of International Humanitarian Law Treaties to which Kyrgyzstan is a State party" under the "Resources and Links" section below). See:Criminal Code of the Kyrgyz Republic. 01 October 1997, No. 68. (English version with amendments up to 15 August 2007, No. 152)
(Criminal Code adopted by the Jogorku Kenesh of the Kyrgyz Republic on 18 September 1997 and in force until 01 January 2019 according to Law No. 10 of 24 January 2017 of the Jogorku Kenesh). [ENG].
Jurisdiction and statute of limitations
◼ Articles 13 and 14 of the Criminal Code of 2017 (which will enter into force on 01 january 2019) of Kyrgyzstan provide the following regarding territorial jurisdiction:"Article 13. Effect of the criminal law on crimes committed in the territory of the Kyrgyz Republic [...] 3. The issue of criminal liability of diplomatic representatives of foreign states and other citizens who, according to the laws in force and international treaties, are not subject to jurisdiction by the courts of the Kyrgyz Republic, in the event of the commission of a crime in the territory of the Kyrgyz Republic by these persons, shall be resolved diplomatically on the basis of international law.
"Article 14. Effect of the criminal law on persons who have committed a crime outside the Kyrgyz Republic
◼ Articles 5 and 6 of the Criminal Code of 1997 provide the following regarding territorial jurisdiction:
Citizens of the Kyrgyz Republic, as well as those stateless persons permanently residing in the Kyrgyz Republic who committed a crime outside the Kyrgyz Republic, are liable in accordance with this Code, unless they have been punished by a court of another state."Article 5. Application of the Criminal Law to Persons Committing Crimes within the Kyrgyz Republic
[Wording of Article 5 as amended in accordance with the Law of the Kyrgyz Republic of 31 July 2012, No. 145]
(1) Any person committing a crime within the Kyrgyz Republic shall be held responsible hereunder.
(2) In case of a crime committed outside of the Kyrgyz Republic, responsibility shall take effect hereunder if such crime is accomplished or prevented within the Kyrgyz Republic.
(3) The question of the criminal liability of diplomatic representatives of foreign states and other citizens who, according to the laws in force and the international agreements entered into by the Kyrgyz Republic, are not subject to the jurisdiction of the courts of the Kyrgyz Republic, in the event of the commission of these crimes in the territory of the Kyrgyz Republic, shall be resolved by diplomatic means on the basis of international law." Should a crime be committed within the Kyrgyz Republic by a diplomatic representative of a foreign states or other person outside the competence of the Kyrgyz Republic courts according to current laws and international agreements, such matter shall be resolved diplomatically based on international law provisions.""Article 6. Application of the Criminal Law to Persons who Commit Crimes outside the Kyrgyz Republic
[Wording of Article 6 as amended in accordance with the Law of the Kyrgyz Republic of 31 July 2012, No. 145]
(1) Citizens of the Kyrgyz Republic, and also stateless persons residing permanently in the Kyrgyz Republic who have committed crimes outside the Kyrgyz Republic, shall be liable under this Code provided they have not punished by a court of a foreign state.
(2) Citizens of the Kyrgyz Republic who have committed a crime in the territory of another state shall not be extradited to that state.
(3) Foreign citizens and stateless persons who have committed crimes outside the Kyrgyz Republic and staying within it, may be extradited to a foreign state for criminal prosecution or for the purpose of serving sentence in accordance with the procedures established in the international agreements entered into by the Kyrgyz Republic.
Statute of limitations:◼ 2017 Criminal Code (in force as of 01 January 2019):
Article 62. Exemption from criminal liability in connection with the expiry of the limitation period for criminal prosecution [...]
And
6. No period of limitation shall apply in cases of crimes under Part 2 of Article 130, Article 143, paragraph 1 of Part 3 and Part 4 of Article 161, paragraph 2 of Part 3 and Part 4 of Article 162, Article 239, Article 314, Parts 1 and 2 of Article 319, Part 4 of Article 320, paragraph 1 of Part 2 of Article 323, paragraph 2 of Part 3 of Article 325, paragraph 2 of Part 2 of Article 326, Articles 380-390, 392 and 393 of this Code.Article 92. Limitations on execution of conviction [...]
6. Limitations do not apply in cases of crimes against the peace and security of mankind or war crimes [...]◼ 1997 Criminal Code (in force until 01 January 2019):
"Article 67. Statutes of limitation Regarding Criminal Liability. [...]
And
(6) No period of limitation shall apply to persons who have committed a crime against the peace and security of mankind in the cases specially provided for by the law of the Kyrgyz Republic, as well as to persons who committed crimes under Articles 226-226-6, 227, 232, 292, 294, 295-1, 299-299-3, 303 and part 4 of article 304, 375 of this Code."
[Wording of Article 67 as amended in accordance with the Law of the Kyrgyz Republic of 25 June 2007, No. 91; 29 April 2013, No 64; 01 November 2013, No. 198; 21 April 2014, No. 62; 08 February 2016, No. 162]Article 73. Indemnity Due to Expiration of the Delay for Execution of Penalty: [...]
See:
(4) Prescription shall not be applied to crimes against the peace and security of mankind, as well as to cases specially provided for by the Kyrgyz Republic laws."Criminal Code of the Kyrgyz Republic. 01 October 1997, No. 68. (English version with amendments up to 15 August 2007, No. 152)
(Criminal Code adopted by the Jogorku Kenesh of the Kyrgyz Republic on 18 September 1997 and in force until 01 January 2019 according to Law No. 10 of 24 January 2017 of the Jogorku Kenesh). [ENG].
Common provision about life imprisonment rules applicable to crimes against peace, crimes against humanity, genocide and war crimes:
Article 71 of the 2017 Criminal Code provides the following:Article 71. Life imprisonment
Life imprisonment consists in the compulsory isolation of the convict from society by sending the convicted person to the institutions of the penal enforcement system and is established for the commission of crimes provided for under Part 2 of Article 130, Paragraph 4 of Article 161, Paragraph 4 of Article 162, Part 3 of Article 239 and Articles 380, 381, 383, 384, 386, Part 3 of Article 389 of this Code, if the court does not find it possible to apply deprivation of liberty for a specified term.
2. Life imprisonment shall be imposed only in cases expressly provided for in the relevant article (part of the article) of the Special Part of this Code.
3. Life imprisonment shall not be imposed on women who committed the crimes before the age of eighteen years or men who reached the age of sixty at the time of the commission of the crime.
4. Life imprisonment may be replaced by way of pardon by imprisonment for twenty years.
International Criminal Court
Rome Statute of the International Criminal Court: The Kyrgyz Republic signed the Rome Statute of the International Criminal Court on 08 September 2000. The Kyrgyz Republic is not a state party to the Rome Statute of the International Criminal Court.
Constitution of the the Kyrgyz Republic. (Adopted by referendum on 27 June 2010)
OSCE. [ENG]. [Last accessed 02Jun17]. [External Link to pdf document]
The Criminal Code of the Kyrgyz Republic. 02 February 2017, No. 19 (Criminal Code in force as of 01 January 2019 according to Law No. 10 of 24 January 2017 of the Jogorku Kenesh).
Centralized database of legal information, Ministry of Justice of the Kyrgyz Republic. [RUS]. [Last accessed 04Jun17]. [External Link]
The Criminal Code of the Kyrgyz Republic. 01 October 1997, No. 68 (Updated version of the Criminal Code adopted by the Legislative Assembly of the Kyrgyz Republic Parliament on 18 September 1997. In force until 01 January 2019 according to Law No. 10 of 24 January 2017 of the Jogorku Kenesh).
Paragraph. [RUS]. [Last accessed 04Jun17]. [External Link]
Criminal Procedure Code of the Kyrgyz Republic. (Approved by the Legislative Assembly of the Kyrgyz Republic Parliament on 24 May 1999. With amendments up to 06 February 2006. In force until 01 January 2019 according to Law No. 10 of 24 January 2017)
Organisation for Economic Co-operation and Development. [ENG]. [Last accessed 02Jun17]. [External Link to pdf document]
Resolutions of the Jogorku Kenesh (Parliament).
Official website of the Jogorku Kenesh. [RUS]. [Last accessed 05Jun17]. [External Link]
Centralized database of legal information.
Ministry of Justice of the Kyrgyz Republic. [KIR/RUS]. [Last accessed 04Jun17]. [External Link]
Legal Guide to Kyrgyzstan
(U.S. Law Library of Congress). [ENG]. [Last accessed 06Mar17]. [External Link]
List of International Humanitarian Law Treaties to which Kyrgyzstan is a State party
(International Committee of the Red Cross). [ENG]. [Last accessed 07Mar17]. [External Link]