The Ministry of Foreign Affairs of Kyrgyzstan (MFA) issued an official statement regarding the Constitutional Court’s decision on the death penalty.
The ministry noted that the recent rise in cases of the murder of children and women under aggravating circumstances has deeply shocked the entire country.
«Deeply concerned about the growing number of violent crimes against women and children, the Head of State has taken personal control of the case involving the murder of a 17-year-old girl from Karakol and instructed the relevant government bodies to propose legislative amendments allowing for the application of the death penalty for the rape of minors and murder committed in connection with rape.
From October 13 to 28, 2025, the draft Law of the Kyrgyz Republic «On Amendments to the Constitution of the Kyrgyz Republic» and the draft Law of the Kyrgyz Republic «On Repealing the Law of the Kyrgyz Republic ‘On the Accession of the Kyrgyz Republic to the Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty, adopted by UN General Assembly Resolution 44/128 of December 15, 1989’ dated March 16, 2010 No. 52» underwent public discussions. Following these public discussions, the majority of participants opposed the introduction of the death penalty,» the statement says.
On December 2, 2025, the President of the Kyrgyz Republic Sadyr Japarov sent the draft Law of the Kyrgyz Republic «On Amendments to the Constitution of the Kyrgyz Republic» to the Constitutional Court of the Kyrgyz Republic for an official conclusion.
On December 10, 2025, the Constitutional Court of the Kyrgyz Republic, based on the entirety of constitutional and international legal arguments, ruled that reinstating the death penalty through a constitutional amendment is incompatible with the Constitution and is therefore impermissible and impossible. Accordingly, the draft Law of the Kyrgyz Republic «On Amendments to the Constitution of the Kyrgyz Republic» cannot be submitted to a referendum, and all procedures aimed at implementing this initiative must be terminated from the moment the Conclusion of the Constitutional Court of the Kyrgyz Republic enters into force.
It should be noted that the Second Optional Protocol to the International Covenant on Civil and Political Rights, to which the Kyrgyz Republic is a party, aims at the complete and final abolition of the death penalty and does not provide for a denunciation mechanism.
This means that by acceding to the Protocol, the state has assumed a permanent obligation not to reintroduce the death penalty or resort to it under any circumstances.
Reintroducing the death penalty into domestic law under such circumstances would inevitably place the Kyrgyz Republic in violation of its treaty obligations, which is incompatible with the constitutionally enshrined recognition of international law and the principle of the good-faith fulfillment of international treaties.
As a rule-of-law state, the Kyrgyz Republic remains committed to fully complying with all its international obligations. At the same time, work on amending national legislation to strengthen penalties for crimes against children and women will proceed within the framework of these obligations.
