A demonstration against domestic violence and gender inequality in Bishkek. Photo from Kloop.kg
Jogorku Kenesh (Kyrgyz parliament) deputy Aisuluu Mamashova has proposed once again allowing the detention of domestic abuse suspects for 48 hours. The MP placed her proposal for a draft law on the parliament’s website on 3 February (in Russian).
Problems with carrying out the arrest of perpetrators of domestic violence in Kyrgyzstan began following the application of a new criminal procedure code (as well as a new criminal code and other legal codes) on 1 January 2019. In theory, the new criminal procedure code, like the old one, allows the detention of violent family members for 48 hours, but it only permits this “in exceptional cases”. On a number of occasions, Kyrgyz media have reported that police officers do not understand which cases should be treated as “exceptional” and so have simply stopped arresting individuals who have mistreated members of their own family.
The issuing of a restraining order is now seen as the normal course of procedure in cases of domestic violence. Such orders are initially issued for a period of 72 hours and can then be extended if the victim requests this from the police. According to Mamashova, however, the perpetrators violate the order in 16% of cases, and when this happens, victims often sustain more serious injuries than before police intervention. In addition, restraining orders are almost never extended: only 8% of victims apply to do so. In 2019, only 295 orders were extended out of a total of 3932.
Mamashova proposes to determine three clear grounds for the arrest of domestic violence suspects: where there is a credible threat to the life and health of the victim and other members of the family; where the suspect is in a state of intoxication and there is a consequent threat of a continuation of violent behaviour; and where there are other grounds to suspect that the accused individual will continue to act violently. This will allow police to arrest perpetrators of intrafamilial violence whenever they perceive any threat of further aggression, without having to worry that they could later be accused of abusing their powers.
Kyrgyzstan’s new criminal legislation divides criminal acts into three different categories, rather than two as previously. Now such acts are no longer divided simply into infractions and crimes, but into infractions, misdemeanours and crimes. In the first case, it is considered that it is merely the letter of the law that has been violated and no harm has been inflicted on another individual. In the second case, the harm caused is considered insignificant. Only where significant harm is inflicted on another person will criminal charges be brought against the perpetrator. In the majority of cases, instances of domestic violence fall into the category of misdemeanours.
During the course of 2019, 8159 charges of domestic abuse were filed in Kyrgyzstan, but only 554 of them went to court. Domestic abuse is currently a widely-discussed topic in the country, following the deaths of two women at the hands of their husbands over the New Year holidays. Radio Liberty’s Kyrgyz website Azattyk recently published an investigation in which it attempted to get to the bottom of the reasons for the ineffectiveness of the country’s legislation in the sphere of domestic violence. It found that, where cases do finally go to court, the perpetrators are generally sentenced to community service or fined. And since the majority of perpetrators of domestic violence are unemployed men, the fine normally ends up being paid by the battered women themselves. Women also fear that if they file a report to police, they will be subjected to even more severe violence at home.
