Kyrgyz Constitutional Court Blocks Bid to Reinstate Death Penalty

On December 10, Kyrgyzstan’s Constitutional Court reviewed a draft constitutional amendment that aimed to restore capital punishment for especially grave crimes, Orda.kz reports, citing Kloop.

Because the death penalty was abolished in 2010, its return would require both a constitutional change and a national referendum — something President Sadyr Japarov had previously said he supported.

But the Court ruled that such an amendment cannot be put to a referendum:

Reinstating the death penalty through a constitutional amendment is unconstitutional,
 the Court’s press release states.

The judges concluded that bringing back capital punishment would undermine the core principles of the constitutional order, which prioritize fundamental rights — including the right to life. They also emphasized Kyrgyzstan’s binding international commitments.

The Court noted that the country is a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which mandates the full and permanent abolition of the death penalty and contains no withdrawal mechanism. Kyrgyzstan made an indefinite commitment never to reintroduce it.

Reinstating executions would put the country in violation of its treaty obligations, contradicting the Constitution’s recognition of the primacy of international law and the requirement to fulfill international commitments in good faith.

President Japarov proposed restoring capital punishment after the widely publicized killing of 17-year-old Aisuluu Mukasheva in September. International human rights organizations condemned the initiative, arguing it would not reduce violence and would breach both the Constitution and international agreements.

Original Author: Raushan Korzhumbekova