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Attempt to ban Kyrgyzstani with Russian children from entry into country illegal

The Ombudsman of Kyrgyzstan spoke in support of the Khachaturyans, whose children the officials of Kyrgyzstan were planning to deport to Russia. Representative Office of the Ombudsman reported.

According to him, husband of Marina Khachaturyan turned to the Ombudsman with a request for assistance in obtaining permission for his wife and their minor children to enter Kyrgyzstan. The man said that his wife and two minor children left Bishkek for Chelyabinsk to undergo a routine examination of his son at the Federal Center for Cardiovascular Surgery.

«On April 28, 2020, a charter flight from Yekaterinburg with citizens returning to their homeland landed at Manas airport. Marina Khachaturyan with two minor children, who are citizens of Russia, were among the passengers. Children were born in Kyrgyzstan. They have Kyrgyz birth certificates. Upon arrival in Kyrgyzstan, they were denied entry into the country. Later, the woman was allowed to enter the republic, but it was decided to deport minor children,» the statement says.

The Ombudsman Institute believes that such actions violate the rights of citizens of Kyrgyzstan as provided for by the national legislation and the Convention on the Rights of the Child.

«Under the Constitution, foreign citizens and stateless persons enjoy the rights and fulfill duties on a par with citizens of Kyrgyzstan, except for cases established by law or an international treaty to which the Kyrgyz Republic is a party. According to the Children’s Code, every child has the right to live and be raised in a family. Family upbringing is recognized as a priority and corresponding to the interests of the child and can only be terminated on the grounds stipulated by law,» the Institute of Ombudsman reminds.

According to the Convention on the Rights of the Child also ratified by Kyrgyzstan, its member states undertake to respect the child’s right to preserve their individuality, including citizenship, name and family ties, as provided by law, avoiding unlawful interference. The members shall ensure that a child should not be separated from their parents against their will, unless the competent authorities, in accordance with a court decision, determine that such separation is necessary in the interests of the child.

According to the order of the Government of the Kyrgyz Republic dated March 17, 2020 No. 84-r, the temporary restriction on entry into Kyrgyzstan of foreigners and stateless persons is not applied to citizens of foreign states and stateless persons who are members of families of citizens of the Kyrgyz Republic in case of documented evidence of close family ties — spouse, their parents, children, grandparents or those with a permanent residence permit in the Kyrgyz Republic.