The UN Human Rights Chief, Volker Türk, has urged Kyrgyzstan to immediately halt plans to reintroduce the death penalty, emphasizing that such a move would breach international law. Kyrgyzstan abolished capital punishment in 1998 and permanently prohibited it in 2010 by ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), which requires states to take all necessary measures to eliminate the death penalty.
Following a recent rape and murder case, Kyrgyz authorities proposed amending the Constitution to allow the death penalty for the rape of a child and for cases of rape and murder, and suggested withdrawing from the Protocol. The proposals are expected to be voted on in a referendum and, if approved, submitted to Parliament. Türk stressed that the rights guaranteed by the ICCPR and the Protocol are permanent and cannot be revoked, warning that reintroducing capital punishment could result in the wrongful execution of innocent people.
The UN Human Rights Committee has clarified that the ICCPR and its Protocol cannot be denounced, meaning abolition of the death penalty is legally irrevocable for ratifying states. Kyrgyzstan, as a state party without reservations, is legally barred from reinstating the death penalty, even for the most serious crimes. Türk noted that Kyrgyzstan had been part of the global trend toward universal abolition of capital punishment, and the current proposals contradict both its past commitments and its recent support for a UN Human Rights Council resolution encouraging states to ratify the Protocol.
Türk acknowledged the severity of the crimes cited as justification for reintroducing the death penalty but highlighted that there is no evidence capital punishment effectively deters serious crimes. He called on Kyrgyz authorities to abandon these proposals and instead prioritize a victim-centered approach, focusing on law enforcement, access to justice, and effective measures to prevent and respond to sexual violence.
