Violence against women on religious grounds

The legal framework for protection against violence

The provisions of the Universal Declaration have been elaborated in the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the UN Convention on the Elimination of All Forms of Discrimination in regarding women.

The Kyrgyz Republic has acceded to all these human rights treaties and has committed itself to implementing appropriate policies to eliminate violence against women, suppressing any manifestation of violence and providing legal means to protect women from such attacks.

Pursuant to the Constitution[1], the rights and freedoms of man and citizen are recognized and guaranteed in the Kyrgyz Republic in conformity with the generally recognised principles and norms of international law, as well as international treaties that have entered into force in accordance with the procedure established by law, to which the Kyrgyz Republic is a party (Article 55). The State shall ensure all persons the protection of their rights and freedoms and no one may be subjected to discrimination on the grounds of sex, race, language, disability, ethnicity, religion, age, political or other opinion, education, origin, property or other status, as well as other circumstances. (Article 24). Everyone has an inalienable right to life (Article 25 Part 1), liberty and personal integrity (Article 59 Part 1), restrictions concerning the physical and moral integrity of a person shall be permitted only on the basis of the law, by a court sentence as a punishment for a crime committed (Article 56 part 3). No one may be subjected to torture or other inhuman, cruel or degrading treatment or punishment (Article 56 Part 4).

The current legislation provides the legal basis for the protection of women from violence in all its manifestations. Thus, the Law “On State Guarantees of Equal Rights and Equal Opportunities for Men and Women” is designed to protect women from gender-based discrimination[2]. The Law “On Freedom of Religion and Religious Organizations in the Kyrgyz Republic” establishes guarantees of the right of everyone to freedom of religion and atheistic belief and prohibits any coercion in determining a citizen’s attitude to religion, to practicing or not practicing religion, to participating or not participating in worship, religious rites and ceremonies, and in teaching religion[3]. The Law “On Safeguarding and Protection from Domestic Violence” defines the legal framework for preventing and suppressing domestic violence, ensuring social and legal safeguarding and protection of victims of domestic violence[4].

[1] The Constitution of the Kyrgyz Republic adopted by referendum (popular vote) on April 11, 2021 (Enacted by the Law of the Kyrgyz Republic of May 5, 2021). http://cbd.minjust.gov.kg/act/view/ru-ru/112213?cl=ru-ru

[2] Law “On State Guarantees of Equal Rights and Equal Opportunities for Men and Women” of August 4, 2008 No. 184. http://cbd.minjust.gov.kg/act/view/ru-ru/202398

[3] Law of the KR “On Freedom of Religion and Religious Organizations in the Kyrgyz Republic” of December 31, 2008 No. 282. http://cbd.minjust.gov.kg/act/view/ru-ru/202498

[4] Law “On Safeguarding and Protection from Domestic Violence” of April 27, 2017 No. 63. http://cbd.minjust.gov.kg/act/view/ru-ru/111570

The political will to resist violence

The leadership of the Kyrgyz Republic expresses its political will to work actively in eradicating violence against women in all its manifestations. The efforts made are demonstrated by the adopted state strategic documents that define the priority goals and objectives of the state in combating violence against women, measures to improve the legal framework and law enforcement practice[1].

Thus, in accordance with the basic principles of the National Development Programme of the Kyrgyz Republic until 2026, every woman in Kyrgyzstan shall be protected from violence and humiliation, danger and arbitrariness[2].

Decree of the Cabinet of Ministers of the Kyrgyz Republic of August 23, 2022 No. 469 approved the Concept of State Policy in the field of crime prevention for 2022-2028, pursuant to which the eradication of violence against women is one of the priority areas of state policy[3]. All state and local self-government bodies shall be guided by the provisions of the Concept in their practical activities and in the development of regulatory legal acts and other documents related to the issues of crime prevention.

Decree of the Cabinet of Ministers of the Kyrgyz Republic of September 16, 2022 No. 513 approved the long-term National Strategy for Achieving Gender Equality until 2030[4]. The National Strategy covers five priority areas, including protection from gender discrimination and fair justice. The National Action Plan for Achieving Gender Equality in the Kyrgyz Republic for 2022-2024, approved together with the Strategy, is the first stage of its implementation[5].

The Ministry of Labour, Social Security and Migration of the Kyrgyz Republic has developed a draft Programme of the Cabinet of Ministers of the Kyrgyz Republic on the protection of children for 2022-2026, which defines the main directions and objectives of the state policy for children and is aimed at improving the system of protection of children in difficult life situations[6].

The interdepartmental working group has developed a draft Action Plan of the Cabinet of Ministers of the Kyrgyz Republic on the eradication of child and forced marriages for 2023-2024.

The Action Plan on Human Rights for 2022-2024 was approved by Order No. 655-r of the Cabinet of Ministers of the Kyrgyz Republic on November 28, 2022. Section 9 of the Plan provides for a package of measures to ensure women's rights, improve mechanisms for protecting women from violence and abuse[7].

It is worth noting that the Kyrgyz Republic has undertaken important legislative and policy reforms aimed at combating violence against women and girls. However, the sheer scale of the problem requires the authorities to keep moving forward and further intensify efforts to fully implement the state's commitments in this area.

[1] National Development Programme of the Kyrgyz Republic until 2026. Annex to the Decree of the President of the Kyrgyz Republic of October 12, 2021 No. 435. http://cbd.minjust.gov.kg/act/view/ru-ru/430700

[2]Centralised Data Bank of Legal Information of the Kyrgyz Republic

http://cbd.minjust.gov.kg/act/view/ru-ru/430700

[3] Centralised Data Bank of Legal Information of the Kyrgyz Republic

http://cbd.minjust.gov.kg/act/view/ru-ru/159464

[4] Centralised Data Bank of Legal Information of the Kyrgyz Republic

http://cbd.minjust.gov.kg/act/view/ru-ru/159450?cl=ru-ru

[5] Centralised Data Bank of Legal Information of the Kyrgyz Republic

http://cbd.minjust.gov.kg/act/view/ru-ru/159488?cl=ru-ru

[6] Unified portal for public discussion of draft regulatory legal acts of the Kyrgyz Republic. http://koomtalkuu.gov.kg/ru/view-npa/1749

[7] The Action Plan on Human Rights for 2022-2024. http://cbd.minjust.gov.kg/act/view/ru-ru/219365

Violence on religious grounds

In 1992, the Committee on the Elimination of Discrimination against Women, in its General Recommendation No. 19, noted that violence against women is a form of discrimination that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty[1].

The subsequent General Recommendation No. 35, which is intended to update General Recommendation No. 19, uses the wording “gender-based violence against women”[2] as a more precise term that makes explicit the gendered causes and impacts of the violence.

The Declaration on the Elimination of Violence against Women, which is the first official set of international standards for the protection of women from violence, defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life” [3].

Based on these definitions, violence against women on religious grounds is the same act of gender-based violence that results in the same harm and suffering to a woman, but in this case, the violent acts are committed for motives in which gender bias intersects with bias on another protected ground, such as religion.

Intolerance and targeted discrimination based on religion or belief, lack of respect for a woman’s choice of religion and forced conversion, persecution for a woman’s non-compliance with religious norms and customs, a lifestyle that the aggressor considers “immoral” from the perspective of certain narrow interpretations of religious codes of conduct, forcing women to pray and wear religious clothing, limited education and forced early marriages based on religious precepts are the main reasons that cause aggression and lead to violence against women on religious grounds.

The same reasons explain the high-profile cases of violence against women on the grounds of religion that have been registered in Kyrgyzstan in recent years.

For example, a story in which villagers in Jalal-Abad region and local imams did not allow the relatives of 76-year-old Kanymgul to bury her body in the local cemetery, explaining this by the fact that “she converted to another faith and became a Baptist”, caused a great stir in society several years ago. The daughters of the deceased, who also adhered to the Baptist beliefs, received threats that they would be stoned to death and that they too would face their mother's fate if they did not “convert back to their faith”. Under threats and psychological pressure, the girls converted to Islam in the presence of local residents, but they were still not allowed to bury their mother's body in the local cemetery[4].

Another case involved a group of individuals who set fire to a Baptist church in a village in Issyk-Kul region. A few hours before the arson attack, three young men threatened women for attending a church service[5].

Another example is the case of Meerbuu and Aisuluu who were beaten as they attempted to stand up for their son and brother Janybek, a 44-year-old resident of a village in Osh region, who had been beaten by a group of people for his atheistic beliefs. They did not like the fact that Janybek did not attend the mosque and did not perform namaz. Janybek and his mother had to undergo medical treatment for several days[6].

[1] UN Committee on the Elimination of Discrimination against Women. General Recommendation No. 19, para. 6.

[2] UN Committee on the Elimination of Discrimination against Women. General Recommendation No. 35 on gender-based violence against women, which is intended to update General Recommendation No. 19, paras. 1 and 9. https://documents-dds-ny.un.org/doc/UNDOC/GEN/N17/231/56/PDF/N1723156.pdf?OpenElement

[3] Declaration on the Elimination of Violence against Women. Adopted by General Assembly resolution 48/104 of December 20, 1993. https://www.un.org/ru/documents/decl_conv/declarations/violence.shtml

[4] https://www.vb.kg/doc/348916_na_uge_kr_jenshiny_baptistky_ne_razreshili_horonit_na_mysylmanskom_kladbishe.html    

[5] https://kg.usembassy.gov/wp-content/uploads/sites/190/KYRGYZ-REPUBLIC-2018-INTERNATIONAL-RELIGIOUS-FREEDOM-REPOT_RU.pdf

[6] Information provided by the Association of NGOs “Human Rights Advocacy Center”.   http://www.advocacy.kg/news/2012/10_8_12_5.htm.

Domestic violence on religious grounds

Practice shows that despite the kinship between people in the family, it is within the family that women are most susceptible to conflicts of various kinds, from minor offenses to crimes committed by family members against the life and health of a woman, including those on religious grounds.

Article 1, paragraph 14 of the Law “On Safeguarding and Protection from Domestic Violence” defines the list of persons who are considered family members. In addition to spouses and their children, grandparents and siblings, this list includes a wide range of other persons.

A monitoring of freedom of religion and belief in Kyrgyzstan, conducted by the Research Center for Religious Studies, has revealed that one of the causes of domestic violence is a discrepancy in the religious beliefs of a woman and her husband as well as other members of her family.

“Persecution can sometimes happen at home, women can be beaten in the family, wives can be refused even to go out and attend church, they can be beaten and sometimes it can lead to divorce, we have such cases. Many women have left their families. Women who are afraid of their husbands suffer, do not come, and tell us not to come. And those who are not afraid of their husbands, come to pray and fight to the end”. Zamira from Karakol town

“When she came to church, her husband threatened that he would take the children away, and wanted us to take her in. But we cannot destroy the family, as there are children there, and of course we were looking for a neutral position to keep the family together. There are certain nuances that can put so much pressure on women, on this basis she began to feel depressed, since the whole family of her husband put pressure on her. We tried our best to help her and get her out of this depression”. Gulsara from Karakol town[1]

The same monitoring results show that violence against a woman can be perpetrated by her spouse and other family members who adhere to the same religion as the woman.

“We were approached for help by relatives of a young girl who committed suicide by hanging herself. She had been repeatedly subjected to domestic violence by her husband and his brother's wife. The deceased girl was a believer and had observed all religious precepts, she was 5 months pregnant, her son died in the womb with her. Later, Then the exhumation proved the presence of haematomas even on the foetus”[2].

There was a high-profile case of violence in a religious family, in which the spiritual leader of the local community played a significant role.

“An imam of one of the mosques of ayil aimak (rural area) in Kara-Suu district was involved in beating of his first wife. According to her lawyer, the bodily injuries were inflicted by the imam’s last wife.”

 

[1] Ensuring Freedom of Religion and Belief in Kyrgyzstan: Needs Assessment Results - 2022, p.23

[2] https://www.turmush.kg/ru/news:1807907

Religious is against violence

The Special Rapporteur on freedom of religion or belief, Heiner Bielefeldt, in his report noted that it is important to avoid “essentialist” views that falsely ascribe violence to the essence of certain religions or to religion in general and that the perpetrators of violent crimes are always human beings, not religions as such. It is human beings — individuals, groups, community leaders, State representatives, non-State actors and others — who invoke religion or specific religious tenets for the purposes of legitimising, stoking, spreading or escalating violence. In other words, the relationship between religion and violence can never be an immediate one; it always presupposes human agency, that is, individuals or groups who actively bring about that connection — or who challenge that connection[1].

It is rightly noted that no one beats without having their own desire to do that, just being guided by what is said, for example, in a hadith or in an ayat, “but they beat to satisfy their passions and only then they refer to certain sources”[2].

About the sources. The examples of righteous Muslims and the Sunnah prove that Islam under no circumstances tolerates or encourages violence, especially against women and children, in whatever form it manifests itself[3]. The Prophet constantly condemned those who raised their hands against their wives, as evidenced by the hadiths that categorically forbid the beating of wives: “Do not beat the female slaves of Allah!”[4]; “O Allah, I declare strictly inviolable the rights of the two weak ones: the orphan and the woman!”[5]; “The best of you are those who are best to their wives” [6]. “The most perfect believer in his faith is the one who has the most excellent manners, and the best of you are those who are best to their wives”[7]. 

When the Scriptures speak of the subordination of a wife, there is a special guidance against spousal violence: in Ephesians, Paul tells husbands to “love their wives as their own bodies; he who loves his wife loves himself” (5:28-29)[8].

The Old Testament has the commandment “Thou shalt not kill”, while the New Testament offers absolute love. In any case, it is impossible, in no way should domestic violence be condoned or encouraged - neither physical, nor psychological, nor economic, nor sexual”[9].

[1] https://www.ohchr.org › A_HRC_28_66_RUS, para. 15

[2] https://islam-today.ru/blogi/asya_gagieva/pocemu-islam-zapresaet-domasnee-nasilie/

[3] https://islam-today.ru/blogi/asya_gagieva/pocemu-islam-zapresaet-domasnee-nasilie/

[4] Abu Dawud 2146, Ibn Majah 1985, al-Nasai in Sunan al-Kubra 9167. The hadith is authentic. See Sahih al-Jami' as-Saghir 5137.

[5] Ahmad 2/439, Ibn Majah 3678, Ibn Hibban 5565, al-Hakim 1/63, 4/128. The hadith is good. See Sahih al-Jami’ as-Saghir 2447, as-Silsila as-Sahiha 1015

[6] Ibn Majah 1978. The hadith is authentic. See Sahih al-Jami' as-Saghir 3265.

[7] Ahmad 2/250, Abu Dawud 4682, at-Tirmizi 1162, Ibn Hibban 4176. The hadith is authentic. See as-Silsila as-Sahiha 284.

[8] See also: Colossians 3:18-19 and 1 Peter 3:7

[9] https://kloop.kg/t/religionvsabuse/#rec278585335

Classification of violence

Violence against women encompasses a fairly wide range of acts that make it possible to distinguish its most common forms as follows:

Physical violence:

  • direct or indirect intentional physical impact on the body of another person, carried out against his/her will;

By its nature, it can be expressed in the form of blows, beatings, wounds and other effects on the outer covering of the human body by the use of physical force, cold or firearms or other objects, liquids, substances, as well as in the form of effects on the internal organs of a person without damaging the external tissues.

  • deprivation of the ability to perform vital functions;
  • deprivation or restriction of freedom of movement, housing, food, clothing;
  • coercion to hard physical labour.

Psychological violence:

  • threat of physical, sexual, economic violence;
  • intentional humiliation of honour and dignity;
  • coercion to commit offenses or acts that pose a threat to life or lead to a violation of mental or physical health.

This type of violence affects a woman through suggestion, manipulation, blackmail, threats, harassment, control over activities and control of her social circle. Often, the aggressor uses children as a means of controlling the woman, which can manifest itself in the form of physical and sexual violence against children, holding children as hostages, restricting freedom, and using children to spy on the woman.

Sexual violence:

  • coercion to unwanted sexual intercourse;
  • coercion to sexual intercourse with other persons;
  • coercion to sexual intercourse by threats or intimidation, or by the use of physical force (rape).

Economic violence:

  • deliberate non-compliance with maintenance obligations, refusal to provide funds;
  • deliberate deprivation or restriction of a person’s right to receive or dispose of property or income intended by law;
  • the use of funds and property by an authorised person to the detriment of the trustee.

Classification of violence

Violent acts against women on religious grounds can be qualified as:

  • an offence with a purely “religious” element:

- incitement of racial, ethnic, national, religious inter-regional hatred (enmity) with the use or threat of the use of violence that does not endanger life and health (Article 330, para 1, part 2, of the Criminal Code of the KR).

  • ordinary criminal offenses with a qualified corpus delicti, in which the presence of a religious motive is recognized as an aggravating circumstance:

- murder on the grounds of religious hatred (enmity) (Article 122, para 11, part 2, of the Criminal Code of the KR);

- infliction of serious harm to health on the grounds of religious hatred (enmity) (Article 130, para. 6, part 2, of the Criminal Code of the KR)

- torture on the grounds of religious hatred or enmity (Article 138, para. 3, part 3, of the Criminal Code of the KR).

  • other ordinary criminal offences against a person (with possibly a number of non-mutually exclusive motives) in which the religious motive is a real and true motive force for committing a crime

This group may include the crimes provided for in Section VII of the Special Part of the Criminal Code of the Kyrgyz Republic[1], which establish liability for crimes against a person:

- Chapter 19. Crimes against life: murder (Article 122); murder in the heat of passion (Article 123); murder of a new-born child by the mother (Article 125); causing death by negligence (Article 127); incitement to suicide (Article 128); inducement to suicide (Article 129);

- Chapter 20. Crimes against health: infliction of serious harm to health (Article 130); infliction of less serious harm to health (Article 131); infliction of serious harm to health in the heat of passion (Article 133); infliction of serious harm to health by negligence (Article 134); infliction of less serious harm to health by negligence (Article 135); infliction of minor harm to health (Article 136); torture (Article 137); torment (Article 138); threat to use violence that endangers life and health (Article 139);

- Chapter 23. Crimes against sexual inviolability and sexual freedom: rape (Article 154); violent acts of a sexual nature (Article 155); coercion to act of a sexual nature (Article 156);

- Chapter 24. Crimes against the spiritual and moral health of a person: acts of a sexual nature with a child under the age of sixteen (Article 157); indecent assault (Article 158); enticement into prostitution (Article 159);

- Chapter 25. Crimes against personal freedom: kidnapping (Article 165); human trafficking (Article 166); trafficking in children (Article 167); unlawful deprivation of liberty (Article 169);

- Chapter 26. Crimes against family relations and the interests of children: kidnapping of a person for the purpose of marriage (Article 172); coercion to enter into de facto marital relations (Article 173); coercion of a person to enter into marriage (Article 174); domestic violence (Article 177).

This may also include certain acts provided for in Section VIII “Crimes against public safety and public order”, in particular, hooliganism (Article 280); inducement to use narcotic drugs and psychotropic substances with the use or threat of physical violence that does not endanger life and health (Article 287).

  • offenses against a person, in which the religious motive is a real and true motive force for their commission

This group may include the offenses provided for in Section IV of the Code of Offenses of the Kyrgyz Republic[1], which establish liability for offenses against a person:

- Chapter 10. Offenses against health: beatings (Article 56); deliberate infliction of minor harm to health (Article 57)

- Chapter 12. Offenses against the interests of children and family relations: domestic violence (Article 70).

This may also include the offense of disorderly conduct in the maintenance of public order, the handling of weapons, other dangerous objects and substances, as well as ensuring public and fire safety: disorderly conduct (Article 126).

[1] Code of Offenses of the Kyrgyz Republic of October 28, 2021 No. 128. Enacted by the Law of the KR of October 28, 2021 No. 126. As amended by the Laws of the KR of January 18, 2022 No. 4, April 1, 2022 No. 22, April 14, 2022 No. 26, June 16, 2022 No. 45, June 30, 2022 No. 51. http://cbd.minjust.gov.kg/act/view/ru-ru/112306

[1] Criminal Code of the KR of October 28, 2021 No. 127. Enacted by the Law of the KR of October 28, 2021 No. 126. As amended by the Laws of the KR of January 18, 2022 No. 4, April 1, 2022 No. 22, June 16, 2022 No. 45, June 30, 2022 No. 51, August 9, 2022 No. 89. http://cbd.minjust.gov.kg/act/view/ru-ru/112309

Gender-based violence statistics

Statistical data on violence against women are generated from various administrative and operational information systems, and some of these data are published on the websites of state bodies.

For example, statistical data published on the website of the National Statistical Committee of the Kyrgyz Republic show that 16,647 women were affected by domestic violence in 2020-2021[1].

Table 1. Persons affected by domestic violence

2020

2021

total

women

men

total

women

men

8 577

8 060

517

9 038

8 587

451

 

According to the internal analytical reporting of the Ministry of Internal Affairs of the Kyrgyz Republic, published on the information portal of the Ministry, temporary protection orders were issued by the internal affairs agencies to 7,558 women and 116 girls who were victims of domestic violence during the first 11 months of 2022[2]. 

328 women and 27 children were injured as part of 387 criminal cases initiated for crimes of domestic violence in the first 9 months of 2022[3].

According to the analysis of statistical data of the Supreme Court of the Kyrgyz Republic, 201 women were recognised as victims in cases related domestic violence heard by the courts of first instance for the period 2019-2021[4].

Table 2. Women recognised as victims in criminal cases related to domestic violence

Female victims:

2019

2020

2021

murder

7

6

8

infliction of serious and less serious harm to health

16

31

23

torment

9

8

9

rape

7

9

4

coercion to act of a sexual nature

-

3

-

violent acts of a sexual nature

3

4

-

indecent assault

-

3

-

hooliganism

5

10

5

 

According to the data of the General Prosecutor’s Office of the Kyrgyz Republic, 126 statements and reports of rape and 17 statements and reports of abduction for the purpose of marriage were registered in the Automated Information System “Unified Register of Crimes” during the first 9 months of 2022[5].   

The above examples show that it is possible to find the necessary information in open official sources and assess the extent of women's exposure to violence. However, these sources do not provide information on the proportion of incidents of violence against women on religious grounds, since the authorised state bodies keep only a general record of the cases and nature of gender-based violence, but it does not include disaggregated data on the motives behind such violence.

[1] Website of the National Statistical Committee of the Kyrgyz Republic.  http://www.stat.kg/ru/statistics/prestupnost/

[2] Information portal of the Ministry of Internal Affairs of the KR. https://mvd.gov.kg/domesticViolence/reports/16

[3] Information portal of the Ministry of Internal Affairs of the KR https://mvd.gov.kg/domesticViolence/reports/14

[4] Website of the Supreme Court of the Kyrgyz Republic. http://sot.kg/statistics/main/index.php

[5] Website of the General Prosecutor's Office of the Kyrgyz Republic. https://prokuror.kg./ru

Violence is not the norm

It is very difficult to identify a religious motive in cases of violence against women, because women are often reluctant to talk about it, as well as about violence itself, for fear of exacerbating the conflict with the aggressor, without giving up hope of improving relations with him. The concealment of the fact of violence may also be influenced by the woman's financial dependence on the aggressor, pressure from his or even her relatives, the risk of being left homeless, lack of support, lack of trust to law enforcement agencies, etc.

In many cases, women, especially those from religious families, consider violence as the norm, and therefore do not seek redress, assuming that “this is their cross to bear” and that they have to live with it and continue to endure, hide and cover up. This attitude is wrong.

For example, Muslim women are led to believe that if a wife speaks out about abuse, Allah will curse her for disobedience. But in Surah An-Nisa it is said that Allah does not like speaking evil publicly unless one has been wronged (Quran, 4:148). The implication of this verse is that if a woman was treated unfairly, then she is allowed to complain about the offender and speak about it publicly, provided that she does not slander him[1]. This means that Islam is on the side of a woman victim of violence, who decided to file a complaint, regardless of the fact that the aggressor would prefer to keep his crime a secret.

The Bishkek and Kyrgyzstan Diocese of the Russian Orthodox Church explains that domestic violence “is not the bearing of the cross, and it is bad if you endure beatings from your husband, or silently watch your husband beat your children”[2].

Representatives of the Catalytic Church also take the position that if they “cannot in any way influence the abuser to stop his violence, then the victim should turn to the law enforcement agencies”[3].

Religious or cultural practices should not be allowed to prevent any woman from receiving full protection from violence. Any concealment of violence is perceived by the abuser as an endorsement or encouragement of violence. Therefore, it is essential to explain to the victim the importance and necessity of seeking protection from the relevant authorities[4].

[1] https://quran-online.ru/4:148

[2] https://kloop.kg/t/religionvsabuse/#rec278585335

[3] https://kloop.kg/t/religionvsabuse/#rec278586377

[4]  Ensuring Freedom of Religion and Belief in Kyrgyzstan: Needs Assessment Results 2022, p.24

Access to legal aid

Most of the articles of the Criminal Code of the Kyrgyz Republic that establish liability for crimes against women, in accordance with Article 24 part 2 of the Criminal Procedure Code of the Kyrgyz Republic, are classified as cases of private-public prosecution. This means that the investigation in such cases is initiated only at the request of the victim or her legal representative.

The victim must be aware that no one will investigate the fact of violence against her, prosecute and punish the aggressor, compensate her for pecuniary and non-pecuniary damage unless she files a complaint with a law enforcement agency. Moreover, this must be done immediately so that law enforcement officers can respond in a timely manner, stop the violence and take measures to ensure the safety of the victim.

According to the Ministry of Internal Affairs of the Kyrgyz Republic, 73% of women victims of domestic violence across the country, whereas in Osh (90%), Batken (88%), Naryn (85%) regions - almost every victim of domestic violence has only incomplete secondary, secondary or vocational secondary education. This suggests that it is likely to be difficult for affected women to understand on their own the procedures for filing complaints about violence with law enforcement agencies and to uphold their rights and legitimate interests within the framework of pre-investigation and pre-trial proceedings by themselves.

Recognising the seriousness of this problem, the authorities take measures to strengthen grievance mechanisms for women victims of violence and to ensure their access to free legal advice and qualified legal assistance.

Currently, 33 centres have been established and are functioning throughout the country to provide free legal advice to the population, whose addresses and contact details are published on the website of the Legal Aid Service under the Ministry of Justice of the Kyrgyz Republic.[1]

In these centres, highly qualified jurists and defence lawyers, in accordance with the Procedure for rendering legal advice, shall provide women victims of violence with legal advice, legal information and counselling free of charge, in addition they shall offer assistance in preparing applications, appeals, complaints. Legal advice shall be provided on the basis of oral, written and electronic appeals from both citizens of the Kyrgyz Republic and foreign citizens, stateless persons and refugees[2].

With a view to ensuring access to free legal aid to women victims of domestic violence, in August 2022, the Jogorku Kenesh of the Kyrgyz Republic adopted a new law “On Free Legal Aid”, which expanded the circle of persons entitled to receive qualified legal assistance in criminal, civil, administrative cases and in cases of minor offenses at all stages of legal proceedings - at the expense of the state, by including victims of domestic violence.

Women victims of domestic violence can apply for qualified legal assistance addressed to the coordinator of the Legal Aid Service, whose full name, position and contact details are published on the website of the Service.

In 2022, a new single hotline for the provision of free legal aid – “114”[3] was put into operation. This socially significant service of the Legal Aid Service will ensure quick and direct access to information or services for the provision of free legal aid to the population and, if necessary, referral to the relevant services. By the end of 2022, the Service plans to introduce an electronic form of rendering legal advice using modern means of communication, in particular, a chatbot that will help in obtaining free legal advice.

With a view to ensuring greater efficiency and accessibility of the mechanism for filing complaints by women victims of violence, the Ministry of Internal Affairs has stepped up the work of mobile police reception unit, specifically established to receive citizens residing far from state administrative institutions and organizations. Crews of mobile police reception units receive complaints from citizens and provide legal advice.

For 9 months of 2022, mobile police stations organised 4962 field visits, during which they received and provided legal advice to 15513 citizens on various issues, including domestic violence.

[1] Website of the Ministry of Labour, Social Security and Migration of the KR. http://ukuk-jardam.gov.kg/ru/p/contacts/centers

[2] The procedure for rendering legal advice by a Free Legal Aid Centre to the population in the territorial departments of the Ministry of Justice of the Kyrgyz Republic. Annex No. 1 to Order No. 2 of the Free Legal Aid Coordination Centre under the Ministry of Justice of the Kyrgyz Republic of March 19, 2018

http://ukuk-jardam.gov.kg/ru/p/legal-assistance/how-to-get  

[3] Decree of the Cabinet of Ministers of the Kyrgyz Republic of July 8, 2021 No. 61 “On Amendments to the Decree of the Government of the Kyrgyz Republic “On Approval of the Regulations on the Permanent “Single Hotline Service”, the List of Emergency Operational Services and State Bodies of the Kyrgyz Republic and Approval of the Concept for Creating a System of Calling Emergency Services of the Single State Duty and Dispatch Service - 112 on the basis of the Crisis Management Centre under the Ministry of Emergency of the Kyrgyz Republic” of October 6, 2011 No. 618”. http://cbd.minjust.gov.kg/act/view/ru-ru/158340 

Algorithm of actions for the protection of the victims of violence

Defence lawyers or the victim’s representative who intervenes to protect the rights and legitimate interests of a woman victim of violence can follow the recommendations set out in the algorithm of actions outlined in the material “Responding to violence or threats of violence”[1].   

The algorithm of actions consists of eight main steps:

Step 1.

Interviewing the victim and collecting primary data

Step 2.

Filing a complaint with law enforcement agencies

Step 3.

Intervening in the case as a representative of the victim

Step 4.

Effective documenting the consequences of the violence or the threat of violence

Step 5.

Taking measures to ensure the safety of the victim

Step 6.

Participation in criminal and/or misdemeanour proceedings

Step 7.

Appealing against actions (omissions) and decisions affecting the interests of the victim

Step 8.

Compensation for pecuniary and/or non-pecuniary damage

At the same time, it is important for a defence lawyer or other representative of the victim to pay attention to the following specific issues that are important in protecting the rights and legitimate interests of victims of violence:

  • With a view to effective documenting the consequences of violence or the threat of violence (Step 4), it should be ensured that the results of the medical examination of the victim woman are recorded in a special Medical Examination Form No. 003-3/u, in accordance with the Order of the Ministry of Health of the Kyrgyz Republic of 07.12.2015 No.680 “On Approval of the Practical Manual on Effective Documentation of Violence, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in the Kyrgyz Republic”.

Monitoring of compliance by healthcare professionals with the requirements of the Practical Manual has revealed a widespread practice of refusal to fill out and issue the required form due to the lack of special forms in the healthcare organization, which is unacceptable.

The absence of forms does not exempt healthcare professionals from the obligation to fill out medical documentation of the approved form. In this case, the defence lawyer or the victim’s representative should draw the attention of the heads to the instructional letter of the Ministry of Health of the Kyrgyz Republic, which gives clear instructions to the heads of healthcare organizations on independent replication and keeping of personal intra-hospital records using the TIN and the number of medical history / outpatient card.

  • With a view to ensuring appropriate safety measures for the victim (Step 5), in cases of domestic violence, one should:
  • request the issuance of a temporary protection order by the internal affairs body in accordance with Article 25, para. 6, part 1 of the Law “On Safeguarding and Protection from Domestic Violence”, as well as monitoring the implementation of the conditions contained therein, as stipulated in Article 29 of the Law.

During the first 11 months of 2022, according to the internal analytical reporting of the Ministry of Internal Affairs of the Kyrgyz Republic, published on the information portal of the Ministry, the internal affairs bodies issued 7623 and 415 temporary protection orders to men and women who committed domestic violence, respectively, of which 190 were renewed. In addition, during the said period, 7,558 and 116 temporary protection orders were issued to women and girls who were victims of domestic violence, respectively[2].  

  • request the placement of a woman victim of domestic violence in a state or municipal shelter for safe temporary accommodation in accordance with Article 35 of the Law “On Safeguarding and Protection from Domestic Violence”. The telephone numbers and contact details of crisis centres can be found on the website of the Ministry of Labour, Social Security and Migration of the Kyrgyz Republic[3].

During the first 9 months of 2022, 146 women turned to crisis centres, of whom: 141 were victims of domestic violence and 5 were victims of rape. All the women who turned to the centres received a full range of services depending on the situation and needs.

  • In accordance with Article 32 of the Law “On Safeguarding and Protection from Domestic Violence”, on initiating appeals by female victims to the court to seek temporary eviction of the perpetrator of domestic violence from the place of joint residence; on restricting his parental rights with regard to communicating with minor children; on recognising him as having limited legal capacity under civil law; with other requirements provided for by civil and family law, aimed at ensuring the victim’s safety.

[1] https://defendingforb.org/ru/kyrgyzstan/nasiliya/

[2] Information portal of the Ministry of Internal Affairs of the KR. https://mvd.gov.kg/domesticViolence/reports/16

[3] Website of the Ministry of Labour, Social Security and Migration of the KR. https://mlsp.gov.kg/telefony-i-kontakty-krizisnyh-czentrov/