No Death Penalty. An Alternative Punishment is Proposed for the Rape and Murder of Children and Women » Gazeta.kg

The administration of the President of Kyrgyzstan has developed a draft amendment to the Criminal Code, which is currently available for public discussion.

Initiators emphasize that according to the Constitution and international norms, every person is guaranteed the right to life, which cannot be arbitrarily taken away.

However, there is a growing incidence of serious crimes against women and children in the country, including rapes and murders, causing deep concern in society and the state.

The statistical data presented to the administration indicates an urgent need to protect children and women from violence. At the same time, official figures do not reflect the full picture of violence against children, as many cases remain unregistered.

Unfortunately, incidents of violence that periodically appear in the media are becoming increasingly commonplace, which is alarming. Society no longer reacts to such cases with shock, which is a serious cause for concern. According to the developers, it is necessary to establish a clear boundary beyond which criminals who commit violent acts should be excluded from society and subjected to strict punishment.

In light of the increasing number of serious crimes against children and women, the draft law proposes amendments to the Criminal Code that stipulate punishment in the form of life imprisonment with confiscation of property for the following crimes:

murder related to rape or violent satisfaction of sexual desire (paragraph 8 of part 2 of Article 122);
rape committed against a minor or a person with a disability (part 4 of Article 154).

Additionally, it is proposed to abolish the statute of limitations for murders:

of two or more persons;
of a pregnant woman;
of a person in a helpless state or a child;
of a person performing official duties;
committed from hooligan motives;
committed in a manner dangerous to the lives of many;
with particular cruelty;
with kidnapping or hostage-taking;
in the course of robbery, extortion, or an act of terrorism;
on grounds of racial, ethnic, or national hatred;
for selfish purposes;
for the extraction of organs or tissues from the victim;
with the aim of concealing another crime;
by a group of persons;
by prior conspiracy;
by an organized group;
within a criminal community;
in connection with rape or another violent act.

It is worth recalling that earlier President Sadyr Japarov proposed the initiative to reinstate the death penalty in the country for particularly serious crimes against women and children after the tragic death of 17-year-old Aysulu Mukasheva, who was kidnapped and raped on September 27 in the Issyk-Kul region. This event caused a wide public outcry. However, in mid-October, a group of international human rights organizations condemned the president's proposal, pointing out its contradiction to the Constitution and international obligations, as well as the lack of evidence that reinstating the death penalty would reduce the level of violence. Later, the Constitutional Court recognized the reinstatement of the death penalty in Kyrgyzstan as unacceptable.

Photo for illustrative purposes.