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Advances in Social Sciences Research Journal – Vol. 10, No. 12
Publication Date: December 25, 2023
DOI:10.14738/assrj.1012.16094
Gabbay, S. M. (2023). Kyrgyzstan at a Crossroads: Democracy and the Struggle for Human Rights. Advances in Social Sciences
Research Journal, 10(12). 296-302.
Services for Science and Education – United Kingdom
Kyrgyzstan at a Crossroads: Democracy and the Struggle for
Human Rights
Shaul M. Gabbay
Global Research Institute,
Posner Center for International Development, Denver, CO USA
ABSTRACT
This paper examines the current human rights situation in Kyrgyzstan, a Central
Asian country with a complex history and a challenging human rights record.
Despite gaining independence in 1991 and making strides towards
democratization, Kyrgyzstan continues to grapple with serious human rights
issues. This analysis focuses on three critical areas: the use of torture by law
enforcement and security services, restrictions on free expression, and
interference with the freedom of association. This paper highlights the gap between
the government's commitments to human rights reforms and the reality of
persistent abuses and systemic challenges. The study finds that these human rights
abuses are not isolated incidents but are indicative of deeper societal and
governmental issues that hinder Kyrgyzstan's democratic development. The paper
concludes by emphasizing the need for comprehensive reforms and continued
domestic and international efforts to address these human rights challenges.
Keywords: Kyrgyzstan, Sadyr Japarov, human rights abuse, democracy, authoritarian,
corruption, torture, censorship.
INTRODUCTION
A Central Asian country of incredible natural beauty, Kyrgyzstan is rife with human rights
abuses that conflict with its proud nomadic and predominantly peaceful history. Having been
annexed more than once by its larger Russian neighbor, Kyrgyz people gained independence in
1991 with the collapse of the Soviet Union. Since then, concerns for Kyrgyzstan include the
uncertain trajectory of democratization, endemic corruption, and at times violent interethnic
relations. [1] Human rights abuses, however, are endemic, and the subject of this paper.
While efforts from foreign governments, internal justice activists and human rights
organizations have all pressured Kyrgyzstan leadership to improve human rights, the
momentum has instead shifted toward fewer rights and increasing abuse. Responding to these
complaints, the government did investigate and prosecute some corrupt officials and some who
were known to have committed human rights abuses. Nevertheless, overall impunity remains
a serious problem. [2]
The list of serious human rights abuses is a long one, and includes the use of torture by law
enforcement and security services; life-threatening prison conditions; restrictions on free
speech including censorship and violence toward the press, extensive serious government
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Gabbay, S. M. (2023). Kyrgyzstan at a Crossroads: Democracy and the Struggle for Human Rights. Advances in Social Sciences Research Journal,
10(12). 296-302.
URL: http://dx.doi.org/10.14738/assrj.1012.16094
corruption; gender-based violence; targeting members of minority groups and LGBTQ
community; documented antisemitism; and some of the worst forms of child labor. [2] Among
these abuses, there are three notable human rights infractions with broad implications and
interconnections with other problems that are the focus of this analysis.
The first of these is the Use of Torture by Law Enforcement and Security Services. This issue is
fundamental, as it directly relates to the rule of law and the basic rights of individuals and is
tied to such infractions as arbitrary arrest and independence of the judicial system.
The second issue mentioned above, and impactful beyond its immediate implications, are
Restrictions on Free Expression, including the press and the internet. These protections are the
core building blocks of a democracy, and their constraint impacts the state of civil liberties
overall.
The third major issue is the Interference with Freedom of Association, which, like the afore
mentioned issues, has a defining influence on the health of a democracy. In effect, this freedom
allows individuals to come together and collectively express, promote, pursue, and defend their
ideas. Its absence hinders or prevents non-government organizations (NGOs) and civil society
organizations, from operating effectively.
We’ll consider these top human rights abuses individually.
USE OF TORTURE BY LAW ENFORCEMENT
Although the law in Kyrgyzstan prohibits the use of torture, human rights concerns have long
been concerned with this issue. That concern has heightened since President Sadyr Japarov
won a snap election in January 2021. (Human Rights Watch, 2023) Since then, physical abuse,
including inhumane and degrading treatment, reportedly increased in jails and prisons. In
addition to mistreating citizens during arrest and initial containment prior to charges being
brought, police abuse reportedly also remains a problem in pretrial detention and inside
detention facilities under the control of the State Committee for National Security (GKNB). [2]
Admission of Abuse Sans Penalties
Every year, Kyrgyzstan registers over 400 complaints about torture used by law-enforcement
officers. [4] Human rights defenders, however, claim the real number exceeds this number by
a factor of five. While the problem has grown markedly since the election in 2021, Kyrgyzstan
officially recognized the reality of torture being used by law enforcement twenty-five years ago.
Nevertheless, in the period since, only ten police officers were sentenced using torture,
according to official data. [4]
Forced Confessions a Common Occurrence
Police and Security Services reportedly torture individuals to elicit confessions during criminal
investigations, a practice known to produce false statements. The courts then knowingly accept
these forced confessions as evidence even though they are induced through torture. According
to Bir Duino, a Kyrgyz human rights movement, courts often dismissed allegations of torture,
claiming that the defendants were lying to weaken the state’s case. Defense lawyers stated that
once prosecutors took a case to trial, a conviction based on forced confessions was nearly
certain to result. [4]
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Services for Science and Education – United Kingdom
One example of such activity is described in the following published account. “On the evening
of September 6, 2020, a 51-year-old resident of Nookat district of Osh region, Kabylzhan
Alidzhanov, came back home with numerous bruises and pain in [his] kidneys and groin area.
Four hours earlier, he was detained and taken to the building of the local police department,
where law-enforcement officers extorted more than 570 thousand som (nearly 6,700 dollars)
from him as a non-existent debt, according to his relatives. Otherwise, they threatened to
incriminate a few crimes in him: fraud, robbery, brigandism, and drug marketing and to
imprison him for many years. When beating Alidzhanov, the police officers, according to him,
threatened to sell his children and his pregnant daughter-in-law to slavery in Chechnya, and
the latter gave birth to a premature child. The local prosecutor’s office, according to the
Alidzhanovs, refused to accept their complaint about the police officers.” [4]
Delayed Trials Erase Evidence
Such accounts of torture are numerous and well documented. According to the US State
Department reports: Through September [of 2022] the “Anti-torture Coalition reported 63
allegations of torture registered by the Prosecutor General’s Office, including 54 by police
officers and one by the GKNB. According to the Antitorture Coalition, 12 of the 63 investigations
into torture were dropped on administrative grounds.” [2]
In most torture cases where police or security forces faced prosecution, the charges were
ultimately dismissed. Frequently, these acquittals were attributed to prolonged delays caused
by numerous procedural objections or other hurdles. NGO’s point out that, persons held in
detention facilities, were often denied visitors, and pre-trial detention periods were reported
to be lengthy. By the time the cases reached a hearing, the evidence had often become outdated,
leading to their dismissal as 'stale,’ meaning the injuries were no longer visible. [5] In a bitter
ironic twist, courts regularly accepted confessions allegedly induced through torture as valid
evidence.
RESTRICTIONS ON FREE EXPRESSION
For a nation to be deemed a true democracy, it must maintain minimal restrictions on free
expression across various mediums, including speech, writing, film, the press, and the internet.
Indeed, free expression is a very cornerstone of democracy. For many years, this foundational
imperative was revered in the region. In fact, Kyrgyzstan’s independent media has long been
considered the most developed and diverse in Central Asia. However, despite the president’s
adamant claim that freedom of expression was an “absolute priority” (24KG, 2023), the Kyrgz
people are facing what journalists, bloggers, and others consider an unprecedented danger. [7]
As we saw with the use of torture, complaints on the restriction on free expression are
increasing at a rapid pace and picking up speed since the election of President Sadyr Japarov in
2021.
Ongoing Efforts to Impose Strict Media Laws
Efforts to silence free expression have been surprisingly blatant. Multiple drafts of new laws
have been introduced into the Kyrgyz parliament in increasingly restrictive verbiage and tone.
The most recent of these calls for media outlets to register with the justice ministry or digital
development ministry as well as with the government directly. Draft laws will, if passed, call for
criminal penalties up to ten years in prison on a formal charge of “propaganda.” [7]