Japarov’s unconstitutional proposal: President of Kyrgyzstan seeks to restore death penalty after case involving 17-year-old girl

A week ago, on September 27, a tragedy involving 17-year-old Aisuluu Mukasheva from Issyk-Kul shook all of Kyrgyzstan. The 11th-grade student was kidnapped, sexually assaulted, and brutally murdered before her body was dumped in a field.

According to reports, that afternoon, Aisuluu left her home in Barskoon village, saying she was going to visit a friend in Karakol city, but she disappeared. The surveillance footage showed her walking along a roadside. Her body was later found near the Jeti-Oguz district (not Jal-Aryk as initially reported), confirming she had been raped and killed. Based on the surveillance footage, it’s believed she was taken in a passing vehicle. A 41-year-old driver from Bishkek, previously convicted of attempted murder, has been detained as a suspect.

According to Kyrgyz media, the crime took place on September 27 around 13:00 in an apple orchard near the ’’Azamat’’ beach in Jenish village. Aisuluu Mukasheva was laid to rest in her home village on September 30. This tragedy deeply affected people, sparking widespread discussions on social media. The most notable reaction came from President Sadyr Japarov, who proposed introducing the death penalty for serious crimes against children and women in the country.

’’The head of state received the news of this crime, which shocked the public, with deep regret. At the same time, the President instructed Murat Ukushev, head of the Legal Support Department of the Presidential Administration, to work on introducing amendments to the legislation to strengthen accountability for crimes committed against children and women. In particular, he directed efforts to amend and supplement the legal framework to apply the death penalty to those found guilty of murdering women and young children,’’ said Presidential Press Secretary Askat Alagozov.

It cannot be said that Japarov's proposal is unexpected or new. For instance, in 2022, against the backdrop of a rise in violence targeting minors, some Kyrgyz lawmakers proposed draft legislation that would impose the death penalty for such crimes, even raising the possibility of holding a referendum. However, several experts and parliamentarians opposed this initiative. They pointed out the Kyrgyz judicial system’s lack of fairness and independence, warning that innocent people could be executed. Deputy Prime Minister Edil Baisalov also spoke out against the draft law, stating,

’’The government will firmly defend the Constitution against such emotional initiatives.’’

Notably, the death penalty that Japarov intends to reinstate is completely prohibited under the country’s Constitution.

The practical and legal abolition of the death penalty in Kyrgyzstan

The death penalty in Kyrgyzstan was last carried out in 1998. Between 1991 and 1998, executions were conducted by shooting. According to the Criminal Code, executions were not public. The family members of the deceased were informed only after the execution, but the body was not returned, and the burial site remained secret.

Although no longer practiced, until 2005, the Criminal Code still prescribed the death penalty for the following crimes:

• Murder committed under aggravating circumstances;
• Sexual assault of a minor female;
• Genocide.

The death penalty was prohibited for persons under 18, women, and citizens aged 60 or older. It was also not applied to individuals with mental illnesses or other psychological disorders.

On June 25, 2007, then-President of Kyrgyzstan Kurmanbek Bakiyev signed a law amending the Criminal Code, replacing the death penalty with life imprisonment. In this way, life imprisonment became the harshest punishment in the country. In 2010, Kyrgyzstan ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights, committing itself to the complete abolition of the death penalty.

Both during the period when the death penalty existed and after its abolition, Kyrgyzstan’s judicial system has remained under scrutiny. According to Kyrgyz law, human rights and freedoms are to be protected through the courts. In practice, however, the country’s judiciary is repeatedly criticized by human rights defenders and international organizations. For instance, the report ’’Abolition of the death penalty in Central Asia’’ published by the international NGO Penal Reform International states:

’’The judicial systems in the region’s countries are remnants of the Soviet era, and prosecutorial bodies hold disproportionate powers. The pre-trial investigations are primarily aimed at proving guilt, while evidence that could demonstrate innocence is largely neglected. Judges, prosecutors, and investigators fear that issuing acquittals might be perceived by society as engaging in corruption. As a result, acquittal rates are extremely low, and very few individuals are found not guilty.’’

The report also highlighted that state-appointed lawyers are paid very little and often focus not on defending their clients, but on proving the charges brought by investigators. Furthermore, the report criticized the use of torture during the investigative process.

The key is not harshness of punishment, but its inevitability

When it comes to the authority to take a human life, every aspect requires precision. According to human rights activist Ozod Jorabayev, whose comments were shared with QALAMPIR.UZ, the issue of reinstating the death penalty must be assessed in terms of humanitarian principles, international standards, and the practical effectiveness of crime prevention. He emphasized that the most appropriate way to achieve justice is not by making punishments harsher, but by ensuring their certainty.

According to the human rights activist, reinstating the death penalty is unacceptable for the following fundamental reasons:

1. The fundamental rights and the risk of irreversible error. The death penalty is an irreversible form of punishment. No matter how well-designed, the judicial system always carries the risk of error.
2. The death penalty is not an effective deterrent. The global experience shows that the severity of a punishment does not directly determine its effectiveness. For example, although India has introduced the death penalty for sexual crimes against girls under the age of 12, the incidence of such crimes remains high.

’’Japarov’s proposal is a political response to the social outrage sparked by Mukasheva’s death. However, states should be guided not by populism, but by principles and systemic stability. Reinstating the death penalty is a step backward into the past, not forward,’’ the human rights activist said.