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No. 20 (20) December 2005
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12 (12) August 2005
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Elena Dorokhova,
Tumbled humanity
Kyrgyzstan will have its own Kolyma
Rustam Karaev
MPs urge the head of state to shoot criminals without pity. The Ombudsman and other human rights defenders are against.

A group of Kyrgyz politicians proposed to constitutionally consolidate the abolition of the death penalty. In the Kyrgyz parliament, this caused a real “storm”. The desire to show humanity has beaten off the deputies, as it turned out, a series of murders of politicians, among them - three electors. People’s deputies intend to demand an exceptional measure of punishment for performers and customers. The idea of ​​this unpopular, at first glance, proposal did not arise by chance. The deputy commission, which studied the materials on the murder of Tynychbek Akmatbayev, found out: the system of the Main Directorate for the Execution of Sentences (GUIN) was almost ruined, arbitrariness reigned in the colonies.

Some deputies believe that the shooting is more humane than his waiting in crowded prisons. Kyrgyz prisoners live very crowded, tuberculosis and other dangerous diseases are rampant. The maintenance of a special contingent in correctional institutions, according to human rights activists, is akin to sophisticated torture. And the state is in no hurry to provide convicts with even medical assistance. The reason is simple - no money. However, in the republic the death penalty is not carried out. Humanely? By no means ...

The moratorium on the death penalty has existed in Kyrgyzstan for about seven years. It was introduced in 1998 by Askar Akaev, who sought to consolidate the image of the most democratic country in Central Asia for the republic. During this time, Kyrgyz courts sentenced them to 159 people. But some of them can die not from a bullet, but from tuberculosis.

Kyrgyz suicide bombers are held in one of the detention facilities (SIZO). Before the moratorium, the harsh sentence was carried out 15-20 times a year. Basically, the bullet in the head was intended for brutal murderers and gangsters. Women and teenagers are not sentenced to death in Kyrgyzstan.

However, there is practically no personal experience of executing exceptional punishment in Kyrgyzstan. Prior to the adoption of independence, "suicide bombers" were taken to Almaty. But later, when it became expensive, they decided to cope on their own. In the republic appeared their own firing squad. But not for long. A little later, a proposal appeared to replace the penalty with a life sentence. But the question of this hung in the air. The state does not have the funds for the maintenance of ordinary prisoners, and even more so for the construction of a separate prison. However, in 2005, the initiative "bunks for life" was announced again. She was nominated by Kapar Mukeev, Head of the Main Department for the Execution of Punishments of the Ministry of Justice. “Only one God has the right to give and take life from a person,” he says, and suggests creating a special prison for suicide bombers, “in the Naryn region. The climate there is harsh, so it is possible that Kyrgyzstan will have its own “Kolyma”. Again, there is no place to run in the mountains. Around the rocks and wolves. "

Surveys conducted in Kyrgyzstan by independent sociologists show that society is not ready to abolish the death penalty. More than 80 percent of citizens are in favor of the fact that criminals must be deprived of life as mercilessly as they cracked down on their victims. So the idea of ​​the deputies to lift the moratorium fell on fertile ground.

The electors are supported by part of the prosecutors. “The abolition of the death penalty is premature, taking into account not only the latest events in the country, but also the grave crimes committed on the territory of the republic,” said Deputy Prosecutor General Kanat Amanaliev. His opinion is shared by the director of the public center for the legal support of prisoners Dilyaram Nishanova: - “We are for the abolition of the death penalty, but not spontaneous,” she said. - Before getting rid of such a rule, it is necessary to consider the economic and legal framework. In Kyrgyzstan, there are no relevant institutions where those sentenced to life imprisonment could be held. Our death penalty is rarely used, only under the three articles of the Criminal Code. ”

For the preservation of the death penalty are the representatives of Themis. “The state is not ready to provide normal conditions for the detention of such prisoners,” believes Askat Sydykov, chairman of the Sverdlovsk military court. Deputy Iskhak Masaliyev adheres to the same position. He believes that this issue should be submitted to a referendum, let the people of Kyrgyzstan decide for themselves.

However, not all representatives of the legal and power establishment think so. Representatives of the government advocate the preservation of life for suicide bombers. Including the head of Amanaliev - Prosecutor General Kambaraly Kongantiev. He is for the humanization of the system of punishments. Crime, in his opinion, can reduce the inevitability of punishment, but not its cruelty.

The Cabinet of Ministers proposes that the deputies close the topic of the death penalty. In the depths of the Kyrgyz Government House, as it turned out, they are already preparing a bill to replace the exceptional punishment with life imprisonment. In order to humanize the penitentiary system so that the world community “gasp”. But while "gasps" its own.

Ombudsman (akyikatchi) Tursunbai Bakir uulu is considered one of the most ardent opponents of the death penalty. He notes that the execution is contrary to the human rights conventions to which Kyrgyzstan joined in its time. Akyikatchi stated that he had met with all the "suicide bombers" held in Bishkek, Karakol and Osh. Of the 159 such criminals, only two people said they did not want an extension of the moratorium on the execution of capital punishment. One of them, convicted for the murder of his brothers, later hanged himself in jail. Another - died of tuberculosis and muscle atrophy. “He sat without movement for six years because half-hour daily walks were forbidden to such convicts. After our intervention, the walk to the SIZO was again allowed, ”says Bakir uulu.

The ombudsman is supported by the judge of the Supreme Court of Kyrgyzstan Mizamitdin Azimzhanov. “If we declare Kyrgyzstan a legal and democratic state, the death penalty must be abolished,” he says. Roughly the same thing comes from the representatives of the business community. “If we strive to be a civilized country, then the state should not be like a villain who kills,” said Omurbek Abdurakhmanov, a member of the Bishkek business club. - A person can not be deprived of life. You just need to isolate it so that until the end of its existence, he would think about what he had done! For the edification of others. In this we need to set an example for other countries of Central Asia. ”

“I am personally for the abolition of the death penalty,” summarizes Nurlan Sydykov, a member of the Association of Lawyers of Kyrgyzstan. - There are two aspects: personal perception and international standards. But another thing is that there are objective reasons for the opponents of this process. For example, the relatives of the victims of criminals always insist that the culprit suffer the most severe punishment. Therefore, some part of the population will oppose the humane approach.
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