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No. 24 (44) December 2006
№ 23 (43) December 2006
№ 22 (42) November 2006
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№ 20 (40) October 2006
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Elena Dorokhova,
It is impossible to execute, pardon. But how?
Inga Sikorskaya (Bishkek)
For the past 7 years the death penalty has not been applied in Kyrgyzstan. Although some articles of the criminal code provide for the death penalty, since June 1998 the country has imposed a moratorium every year. Now, by decree of President Bakiev, from 1 January 2006, the moratorium has been extended to its full abolition by law. "HSE" is supposed to be replaced by life imprisonment.

To be or not to be the death penalty in Kyrgyzstan? Disputes on this issue still do not subside. The main argument of human rights defenders "against" is possible judicial errors.

- Unfortunately, so far, the judicial system of Kyrgyzstan does not guarantee that an innocent person can be sentenced to death. According to the leader of the Youth Human Rights Group Maria Lisitsyna, the extremely low percentage of acquittals is evidence of this. Therefore, it is necessary to abandon the death penalty.

“We should not treat the murderers humanely,” said the expert, Toktogul Kakchekeyev. Kyrgyzstan has become hostage to the ill-conceived idea of ​​abolishing the death penalty. This is the influence of the wild west and it is completely inapplicable to the Asian mentality. In addition, he resents, put yourself in the place of the victims, from whom the killer took away his loved ones! They must be sure that the punishment for the crime committed will be tough.

- We have a lot of pensioners, orphans. And containing killers is too much luxury. It is better to direct the taxpayers' money to their needs, ”believes Uzbek Chotonov, the head of the Center for Moral Ethics and Culture“ Dil Murogu ”.

Bishkek SIZO No. 1. A gloomy, gray building almost in the center of the capital. This is where the death row is located. 137 prisoners await their fate. Every year, the Kyrgyz courts sentenced to exceptional punishment for 10-11 convicts. They all go to the cells to wait for the execution. Many of them have been sitting since the end of the 90s. The humane steps of the government led only to the replenishment of the chambers. In some of them - five to seven convicts. In reality, the detention facility may, in normal conditions, contain thirty-two people.

Of the 40 soms foreseen (about $ 1) per day per prisoner, only a third is allocated. What can be done with these funds? Although the suicide bombers themselves do not complain, they are said to be satisfied with the conditions.

Convicts have their own view of the death penalty. Some of them talk about their innocence and agree to sit for life. Others crave execution because life is like a punishment for them.

Among analysts and human rights defenders, there is an opinion that a criminal must suffer conscience for his crime. And here, alternative penalties can be applied. According to experts, it can be 20-30 years, given the severity of the crime and the mode of detention. Or provide a delay on the execution of sentences. Perhaps, after a certain period of time, the case regarding the convict may be reconsidered due to newly discovered circumstances.

In the meantime, the death row is supposed to be transferred to a separate prison for life imprisonment. Already developed a corresponding bill. But when the deputies will consider it is unknown. Chairman of the parliamentary committee on constitutional legislation and state structure Marat Sultanov does not name the exact date. In addition, the question of the abolition of the death penalty is proposed to be put up for a nationwide vote if there is a referendum on other issues of the constitutional structure of the country.

The construction of a separate prison requires about 156 million soms ($ 3 million 900 thousand). Life-long apartments are planned to be erected somewhere in the north of the country, for example, in the Naryn region. Each year, the maintenance of such convicts will require 10-15 million soms. But can Kyrgyzstan afford it?

For many years, statements about the need to build additional colonies remain "a voice crying in the desert." The reason is simple - no money. They are not provided in the 2006 budget. Therefore, the authorities hope that the money will be thrown by international organizations that support the liberalization of criminal law.

Chairman of the Supreme Court of the country Kurmanbek Osmonov believes that the GUIN system is not ready for the maintenance of convicts with life imprisonment. But at the same time, he is confident that the abolition of the death penalty should go. A similar position is held by those who are daily with suicide bombers.

“Our republic will not endure life imprisonment,” commented on the situation the colonel of the internal service, the head of the SIZO-1 Asylbek Kydyshev. We still can not keep prisoners in normal conditions.

- This is not an argument in favor of the death penalty. Since we have no money, now to execute everyone? - objected Maria Lisitsyna. Kyrgyzstan should reconsider its priorities and go to maintain people in decent conditions.

Will the parliament or the people risk making an unequivocal decision? Maybe while in society there are serious crimes the death penalty is necessary? Who will put an end to this difficult question? If humanism prevails, then the country's leadership will have to complete the reforms in criminal law and in the entire penitentiary system. And find funds for the construction of the prison. In the meantime, we can only wait.

Kyrgyz President Kurmanbek Bakiyev signed a decree extending a moratorium on the execution of sentences in respect of persons sentenced to the ultimate punishment - the death penalty on December 30 last year. The head of the Kyrgyz state annually extends the moratorium, since the death penalty in Kyrgyzstan is not abolished by law.

According to the press service of the Kyrgyz president, the government of the republic is charged with taking a set of measures aimed at improving the conditions of detention of persons sentenced to death, including finding additional funds for the construction of a special complex for the maintenance of these individuals. The General Prosecutor’s Office of Kyrgyzstan is obliged to carry out monthly activities aimed at strengthening the supervision of the full and proper implementation of the law in places of deprivation of liberty, including issues of medical care, food and other rights. The Ministry of Justice, the Ombudsman of the Republic and the Commission on Human Rights under the President are invited to monitor the observance of the rights of convicts with the involvement of representatives of civil society and human rights organizations. In the decree, Kurmanbek Bakiyev appeals to the deputies of the Zhogorku Kenesh with a request to support initiatives and measures to humanize, liberalize criminal policy and completely abolish the death penalty in Kyrgyzstan.

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