Kyrgyzstan: What to Do and Where to Go in Case of Domestic Violence?

In Kyrgyzstan, women’s rights are protected by law. They are set forth in the Constitution, Code of Criminal Procedure and Criminal Code, as well as in the Offences Code.

Article 24 of the Constitution reads clearly that no one may restrict the rights and freedom of the citizens of Kyrgyzstan, and women as such. Gender discrimination is prohibited, as well.

Also, the basic law explicitly reads that men and women in Kyrgyzstan have equal rights and liberties and equal opportunities for their implementation. However, in fact, women’s rights are often violated.

A woman who was subjected to domestic violence can call the police, go to authorities and judicial bodies. Her rights may be protected by the Ombudsman Institute or court of the elders, as well.

Moreover, Kyrgyzstan joined the UN Convention on the Elimination of All Forms of Discrimination against Women in 1996. It means that the country committed itself to pursuing the policy of the elimination of discrimination against women, including domestic violence.

There are four types of violence – physical, psychological, economic and sexual (according to the course “Gender-sensitive reporting. How to cover violence in media”).

Physical violence includes:

• Hitting or pushing;
• Locking inside or out of the house;
• Threatening to take life, intentionally creating situations that are threatening to health, security or life;
• Forcing to drink alcohol or drugs;
• Depriving of food, hindering relaxation or sleep;
• Relocating within the country or abroad using force, threats, deception.

Psychological violence includes:

• Systematic humiliation or manipulation;
• Insulting by words, gestures, body language;
• Persecution, control, threats;
• Unreasonable criticism, ignoring feelings, thoughts, desires;
• Blackmailing.

Economic violence includes:

• Intentional deprivation of house, clothing, other property or money you are entitled to;
• Restriction of access to money;
• Forcing to beg;
• Not allowing to work or study;
• Blackmailing with money or property.

See also: Hidden Violence: What is Economic Abuse and How to Recognise It?

Sexual violence includes:

• Raping;
• Touching private parts against will;
• Forcing to perform an abortion or to become pregnant;
• Forcing to prostitution;
• Forcing to having sex with other people;
• Forcing to watch the rapist’s sexual intercourse.

In Kyrgyzstan, the classification of crime gravity is set forth in the Offences Code and Criminal Code.

For example, offences are specified in articles 65 “Bodily blows”, 66 “Light harm to health”, 67 “Causing severe harm to health negligently”, 68 “Communicating sexual diseases”, 84 “Obstruction of the right to freedom of conscience and religious freedom” etc.

Liability for more severe family crimes is set forth in the Criminal Code. Causing grievous harm to health, torture, torment and other offences are differentiated here (in articles 138 thru 149, Criminal Code of the Kyrgyz Republic).

Physical violence cases are frequently registered in families. 

Psychological and economic violence are usually less visible.

Director of “Sezim” crisis centre Byubyusara Ryskulova said that a woman can feel if she is subjected to violence.

“Every person must experience what it is like to feel uncomfortable. Unfortunately, our people think that only harsh treatment means violence. However, there is psychological violence, as well. Sometimes, we have people who say that they’d better be hit a few times than feel constant psychological pressure,” she said.

Physical violence can be easily detected. If a husband beats a wife, it means violence. Psychological violence means that a woman is constantly prohibited and restricted from doing something, she is not allowed to see her relatives. Economic violence means that a woman is not provided with expense money and is always rebuked. Sexual harassment is also considered violence if wife does not give her consent.

If a person hits someone in the family, exerts psychological pressure, in other words, yells all the time, complains, and curbs the freedom of action and movement, that person is the abuser. People who do not give money and rebuke their partner for not having money are also considered abusers.   

If you were subjected to violence from your husband, you should call the police at 102. Further, the operator will connect you to the police station nearest to your location. You can either ask police officers to come to your place, or go to the nearest police station and file a report. In any case, the law enforcement agencies must accept your report in whatever form.

To make sure your report was accepted, ask the police officer to give you a special coupon that proves the fact of registration of your case with the Unified Register of Crimes and Offences (ERPP).

According to the police, whenever the fact of domestic violence is reported, it is registered with the ERPP under article 75 of the Offences Code “Domestic violence”. Thereafter, the investigator schedules all necessary examinations and if the violence is confirmed, he diverts the case. If the applicant said that the violence is systematic, and the interrogating officer has all facts in hand, the article will be diverted accordingly.

Medical or psychological examination is conducted in territorial hospitals by order of the interrogating officer.

Lawyer Aizhan Orozakunova said that law enforcement bodies must register every applicant’s report, even if it was verbal, for example, by phone. If the police failed to respond to the report, you may apply to the General Prosecutor’s Office and the Ombudsman Institute.

General Prosecutor’s Office – 0(312) 54 24 63, 54 28 18 

Ombudsman Institute – hotline 115, 0(312) 66 32 80. Address: 120 Tynystanov Street, Bishkek.

You may file a report to the president or the head of the Cabinet of Ministers, as well.

However, according to the study held by the Centre for Democratic Processes Studies Fund, one-third of 70 female respondents said that police officers failed to provide protection to the victims and ping-ponged them from room to room. Two-thirds of women said they were questioned in the presence of the abuser who was listening to what they were saying, which is the violation.

Moreover, according to the study, only about 70 per cent of police officers informed female victims of their rights, and only 57 per cent informed them of ensuring their security from domestic violence. 

If you fear to leave your husband because you are in terror of your life, you should immediately call the police. Law enforcement bodies must issue a restraining order to you.

Byubyusara Ryskulova suggests that women must decide to leave because they should not suffer.

“They should think of those people who can help. In case of violent outburst, they should immediately run away and call 102. If they cannot live like that anymore, they should think about future life. They should think about themselves first, and then about children. They should contact rehabilitation centres or go to their relatives not to stay outside,” she said.

According to Ryskulova, women may go to crisis centres, where they will get help and shelter. However, according to her, husbands often find their wives even if they call the police.

“There were cases when police officers failed to take any measures because they knew the abuser very well,” she said.

Here is the list of addresses and contact details of such centres in Kyrgyzstan.

Moreover, Kyrgyzstan has hotline 117 that helps the victims of domestic violence or those who faced difficult situations.

A restraining order is granted by police officers to those who suffered violence in case of a life-threatening situation.

If you were issued a restraining order, it means that a police officer, often a local police officer, will constantly visit you and check your situation. If husband continues to abuse or persecute his wife, the case will be considered under the Criminal Code. According to the police, every case is considered separately.

According to the General Prosecutor’s Office, 2 facts of violation of a temporary restraining order were registered in 5 months of 2021, and 1 case was registered in 2020, whereas no cases were registered in 2019.

According to the current law, low-income people, PWDs, as well as suspects in crimes are entitled to a free lawyer.

Female victims who are not low-income or persons with disabilities are not entitled to a free lawyer. However, according to Aizhan Orozakunova, the parliament considers the draft law on free legal aid for the victims of gender-based violence.

Now you can get free legal aid at Pro Bono Centre. Their lawyers can help the victims throughout Kyrgyzstan.

Phones of the Centre:  0555 66 96 59 (Alika), 0777 66 96 59 (Mira)

email: office@centradvokatov.kg

Address: 96 Toktogul Street, Bishkek. Office hours: Monday thru Saturday, 09.00 am to 6.00 pm.

You can contact them from any region of the country. The lawyers will contact their colleagues from the regions and you will get legal aid.

First, you should apply for a restraining order. Also, you should go to police again and ask them to take necessary measures.

If the abuser continues to harass you, you can ask the court to prevent the abuser from approaching you for more than 100 metres. This practice is widely spread in Kyrgyzstan.

The victims of domestic violence find it difficult to recover, especially psychologically. Close family members or psychologists help overcome the difficulties. Free help can be provided at crisis and rehabilitation centres to those who cannot afford a psychologist.

They are available in almost all regions of the country, where women can get psychological and financial aid. Here is the list of addresses and contact details of such centres.

The state does not have procedures for providing free psychological aid to the victims of domestic violence.

If you have become a witness to violence, you should call the police at 102. Moreover, you should talk to the victim of violence and advise her the ways to feel secure. First, you should tell her about her rights, and share contacts of organisations that can help her.