2.1 Are there civil and criminal legal remedies for domestic violence victims?
Yes. There are a number of legal remedies for domestic violence[3] victims, as follows:
- Immediate measures are available to eliminate the threat to the life or health of a victim of domestic violence and other family members or persons equated to them. For instance, according to the instructions for organizing the activities of employees of internal affairs bodies to suppress and prevent domestic violence, police officers, if necessary, should isolate the perpetrator of domestic violence from the rest of the family, conduct a personal search of this person to identify weapons, such as stabbing, cutting and other items that can harm health, and investigate the likelihood of weapons being kept in the house.
- The issuance and extension of a temporary security order (TSO) are available.
- The issuance of a restraining order (RO) is available.
- Detention (under the criminal procedure law) of a person who has committed an act of domestic violence is available.
- Criminal prosecution of a person who has committed an act of domestic violence is available.
- The immediate placement of a victim of domestic violence, who faces a threat to their life and health, in a secure place with their consent is also available.
In addition, in case of the criminal prosecution of a person who has committed an act of domestic violence, the following may serve as legal remedies for domestic violence victims:
- granting personal protection, and protection of residence and property
- issuing special personal protective equipment, communications and hazard alerts
- relocating to another place of residence
- replacing documents with changes in personal data
- altering the appearance of the person to be protected
- masking the appearance or additional visual isolation when speaking in court, as well as nondisclosure of personal data and other data during the judicial investigation
- changing the place of work or study
- temporary placement in a safe place
The following legislation is relevant in this regard:
- Article 24 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence"
- Article 6 of Law No. 170 of the Kyrgyz Republic of 16 August 2006 "On the Protection of the Rights of Participants in Criminal Proceedings"
- instructions for organizing the activities of employees of internal affairs bodies to suppress and prevent domestic violence, approved by the Order No. 844 of the Ministry of Internal Affairs of the Kyrgyz Republic of 28 September 2009
2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?
Yes. Kyrgyz legislation identifies protection from domestic violence as a human right, since the national law on domestic violence is based on the principle of compliance with legislation and international standards in the field of human rights and gender equality.
Article 4 of Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence" is relevant in this regard.
2.3 Has your country signed and ratified the conventions?
Yes. Kyrgyzstan has signed and ratified the following conventions:
- Convention on the Elimination of all Forms of Discrimination Against Women of 18 December 1979
- Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women of 6 October 1999
The following legislation is relevant in this regard:
- Resolution No. 320-1 of the Jogorku Kenesh of the Kyrgyz Republic of 25 January 1996 "On Accession of the Kyrgyz Republic to the Convention on the Elimination of all Forms of Discrimination Against Women"
- Resolution No. P 257-1 of the Jogorku Kenesh of the Kyrgyz Republic of 6 March 1996 "On Accession of the Kyrgyz Republic to the Convention on the Elimination of all Forms of Discrimination Against Women of 18 December 1979 (entered into force on 3 September 1981)"
2.4 If it has ratified the Maputo Protocol, how has it been implemented into national law (African Union member states only)?
N/A
2.5 If it has ratified the 1979 Convention (CEDAW), how has the recommendations part of General Comment No. 35 been implemented into national law?
The Kyrgyz Republic has taken a number of measures in line with the recommendations part of General Comment No. 35, as follows:
- The Kyrgyz Republic recognizes its adherence to the principle of the prevention of traditional and religious ceremonies that violate human rights and contribute to domestic violence. Some traditional and religious ceremonies have been criminalized, such as abducting a person for the purpose of marriage, forcing a person to enter into marriage (including de facto marriage), as well as early marriages (entering into marriage at a premarital age) and bigamy/polygamy.
- Sexual assault has been criminalized and it is characterized as a crime against the right to sexual integrity. The definition of a sexual crime is based on the lack of freely given consent and it considers coercive circumstances.
- A law on domestic violence aimed at preventing inequality in the family has been adopted. Under this law, family members and persons equated to family members have a number of legal remedies, and they can report violence and sue the court for protection against domestic violence or any threat thereof.
- A law on state guarantees of equal rights and equal opportunities for men and women has been adopted. This law stipulates the provision of equal rights and opportunities to people of different sexes in the political, social, economic, cultural and other fields of human activity; it is designed to protect men and women from discrimination based on gender and it aims to establish progressive democratic relations between men and women.
However, much remains to be done, as there are no specific provisions aimed at protecting women from gender-based violence in the meaning of the Convention on the Elimination of All Forms of Discrimination against Women and Recommendations No. 19 and No. 35.
The following legislation is relevant in this regard:
- Law No. 63 of the Kyrgyz Republic of 27 April 2017 "On the Guard and Protection Against Domestic Violence"
- Law No. 184 of the Kyrgyz Republic of 4 August 2008 "On State Guarantees of Equal Rights and Equal Opportunities for Men and Women"
- Articles 175-179 of the Criminal Code No. 19 of the Kyrgyz Republic of 2 February 2017
- Convention on the Elimination of all Forms of Discrimination Against Women, 1979
- General Recommendation No. 35 on gender-based violence against women, updating General Recommendation No. 19, 2017
- General Recommendation No. 19: violence against women, 1992