A 7-year-old girl was raped in Namangan. A schoolgirl was raped and murdered in Issyk-Kul. What punishment awaits pedophiles?

Although the constant tragedies that have occurred in Kyrgyzstan, Uzbekistan, Tajikistan, and Kazakhstan in recent years - reports of missing, raped, and murdered girls - have been widely circulated on social media, most of them only cause temporary controversy and shock, while in practice the system remains unchanged. The indifference shown by law enforcement agencies, gaps in legislation, patriarchal traditions, and a public opinion inclined to blame the victims only leave these victims even more alone.

In fact, this is not the act of a few individuals - it is a manifestation of deep problems in the general political, legal, and cultural environment of the region. And the most terrible thing is that these acts of violence could have been prevented. But this requires not only changes in the law, but also fundamental reforms in society, especially in its attitude towards women. Today we will talk about one of these incidents.

A month ago, on September 27, the tragedy that befell 17-year-old Aisuluv Mukasheva from Issyk-Kul shocked the whole of Kyrgyzstan. The fact is that this girl, who had just entered the 11th grade, was abducted, sexually assaulted, and then brutally murdered and dumped in a field. This incident once again confirmed the absolute powerlessness of society and the state in protecting young girls and women.

According to reports, that afternoon Aisuluv left her home in the village of Barskaun, saying that she was going to visit a friend in the city of Karakul, and disappeared. The surveillance camera footage that she was caught on camera showed the girl walking along the roadside. Later, her body was found in the Zhal-Arik area near a remote gorge, where it was determined that the girl had been raped and murdered. Now, based on the footage captured on the surveillance camera, it is believed that Aisuluv got into a passing car, and the 41-year-old driver has been detained as a suspect.

The suspect in the murder, 41-year-old Kumarbek Abdirov, gave a detailed account of the incident. On the day of the murder, at around 1:00 p.m., he took the girl to an apple orchard near the village of Darkhon and raped her. After that, Abdirov brought the tied-up girl to his father's house in the village of Zhenish and raped her again. At 3:30 p.m., near the village of Kozhi-Sai in the Ton district, Abdirov strangled Aisuluv to death and threw her phone into Lake Issyk-Kul.

After placing the girl's body in his car, he drove to the Boom Gorge. At around 7 p.m., Abdirov left the body near the village of Chulak in the Kemin district and headed towards Bishkek. Aysuluv was buried in her village on September 30. This crime raises many questions. One of them is the issue of amnesty. That is, do those whose sentences are being commuted, replacing unserved prison sentences with sentences that do not involve deprivation of liberty, really deserve it? Did they sincerely regret it?

The press service of the Kyrgyz Ministry of Internal Affairs reported that Abdirov may be involved in other similar crimes, one of which was the murder of an 18-year-old girl named Kamila in 2014.

He has been held criminally liable twice: in 2006 for a fine for robbery, and in 2016 for attempted murder. In both cases, attacks were committed on women.

In 2006, 22-year-old Abdirov, who was still a student, hit a girl in the head with a stone while she was walking with her mother in the Kok-Jar residential complex. Taking advantage of the opportunity, he stole her phone.

On the same day, Abdirov was detained by police officers. After that, his relatives approached the victim, apologizing, emphasizing that Abdirov was his mother's only son. The young man was pardoned, after which the court issued a non-custodial sentence.

In the interview, the victim said she regretted not giving Abdirov a prison sentence. The next time she found herself in court, it was for a more serious crime. According to sources, Abdirov found the victims by offering taxi services.

On October 13, 2015, a woman got into his Honda Stream, but he never returned. This car was the same Honda Stream that our today's hero, the late Aisuluv, was in.

According to the victim, Abdirov raped her. After that, Abdirov left the girl in a ditch and threw a large stone at her. According to the victim, he aimed at her head and was unaware that the woman was conscious. However, the stone fell into the woman's hands.

Police officers then detained Abdirov. Abdirov was sentenced to 7 years in prison, he is being held in correctional colony No. 32. On April 28, 2018, she was released on parole.

There are many rape victims in Uzbekistan like Mukasheva. For example, on October 14 of this year, a 7-year-old girl was raped by her 38-year-old relative in the Yangikurgan district of the Namangan region. The suspect went to a wedding at his uncle's house, deceived his 7-year-old granddaughter, violated her honor, and hid from the scene. The man was found 2 days later and was arrested as a precautionary measure on October 16 by the Yangikurgan district court for criminal cases. A criminal case was also opened under Part 4 of Article 118 of the Criminal Code (Indecent assault). Interestingly, the person suspected of committing this crime was previously convicted twice for committing similar crimes and was sentenced to certain terms of imprisonment.

The sexual assault and murder of 17-year-old Aisuluv has stirred people's hearts, and social networks have been flooded with various discussions.

The most sensational was the reaction of President Sadyr Japarov. He proposed introducing the death penalty for serious crimes committed against children and women in the country. However, this proposal of the head of state is completely contrary to the country's constitution.

Japarov's proposal cannot be called an unexpected and new initiative. For example, in 2022, against the background of the increasing number of cases of violence against minors, some Kyrgyz deputies put forward draft laws providing for the use of the death penalty for such crimes, and even the issue of holding a referendum was raised. However, some experts and deputies opposed this initiative. They noted that the Kyrgyz judicial system is unfair and independent, and that innocent people may be killed. Deputy Prime Minister Edil Baisalov also opposed the bill, saying, “The government will firmly protect the Constitution from such emotional initiatives.”

President Japarov said he had personally taken control of the investigation into Aisuluv’s case and had instructed his administration to develop a draft law amending the law to toughen penalties. Sadyr Japarov noted that the number of crimes involving the murder and rape of minors and women was increasing, and that “standard” prison sentences were no longer a deterrent for criminals.

He also stressed that corruption crimes should not be punished with death. He said the death penalty should only be used for brutal murders and pedophilia.

Responding to public concerns about the risk of miscarriage of justice, the head of state stressed that the 21st century provides technological opportunities for transparent investigation and trial, including video recording and online broadcasts.

“We will not solve this issue alone. We will consult with the people. This issue can be put to a national referendum. If the majority supports this, it will be necessary to make amendments to the constitution and laws, as well as review international obligations,” said Sadyr Japarov.

The president added that protecting women and children from violence remains a priority, and a decision on such an urgent issue should be made only by the people.

The last time the death penalty was carried out in Kyrgyzstan was in 1998. In the period from 1991 to 1998, this sentence was carried out by firing squad. According to the Criminal Code, executions were not carried out in public. The relatives of the deceased were notified only after the execution, but the body was not returned and the burial place was kept secret.

Although it did not exist in practice, until 2005 the Criminal Code provided for the death penalty for the following crimes:

• Aggravated murder;
• Sexual rape of a minor;
• Genocide.

It was prohibited to apply this punishment to persons under the age of 18, women, and citizens aged 60 and over. Also, persons suffering from mental illness or other mental disorders were exempted from the death penalty.

On June 25, 2007, then-President of Kyrgyzstan Kurmanbek Bakiyev signed a law amending the Criminal Code. According to it, the death penalty was replaced with life imprisonment. Thus, life imprisonment was introduced as the most severe punishment in the country. In 2010, Kyrgyzstan ratified the Second Optional Protocol to the "International Covenant on Civil and Political Rights" and undertook to completely abolish the death penalty.

Both in the era of the death penalty and its abolition, the judicial system remains under challenge. According to Kyrgyz law, human rights and freedoms are protected through the courts. But in practice, the country's judicial system is constantly criticized by human rights defenders and international organizations. For example, the report “Abolition of the Death Penalty in Central Asia” presented by the international NGO Penal Reform International states:

“The judicial system in the countries of the region is a legacy of the Soviet era, and prosecutors have disproportionate powers. Also, pre-trial investigations are mainly focused on proving guilt, while collecting evidence that could prove innocence is neglected. This is because judges, prosecutors, and investigators are afraid of appearing corrupt in the eyes of society by issuing acquittals. As a result, acquittal rates are extremely low and very few people are found innocent.”

In addition, the report noted that state-appointed lawyers are paid very little and that they are not engaged in defending their clients, but rather in proving the accusations made by investigators. In addition, the practice of torture during the investigation process was criticized.

When it comes to the power to end a person’s life, every aspect needs to be clarified. According to Ozod Juraboev, a human rights activist affiliated with QALAMPIR.UZ, the issue of reinstating the death penalty should be assessed from the perspective of humanistic principles, international norms, and practical effectiveness in the fight against crime. He says that the most correct way to achieve justice is not to make punishment too harsh, but to ensure its inevitability.