Kyrgyzstan's Constitutional Court has ruled that President Sadyr Japarov’s proposal to reinstate the death penalty for especially grave crimes, including the murder and rape of children, is unconstitutional.
The decision was announced on December 10, following a review of the draft law.
In an official statement, the court concluded that the initiative “does not comply with the Constitution, is inadmissible, and legally impossible.”
“The draft law ‘On amending the Constitution of the Kyrgyz Republic’ cannot be submitted to a referendum. All procedures related to its implementation must be terminated upon the entry into force of this ruling,” the statement said.
Japarov's initiative was prompted by the brutal murder of 17‑year‑old Aisuluu Mukasheva in September 2025 — a case that sparked national outrage.
Death penalty ban is a core Constitutional and international principle
The court emphasized that the right to life and the abolition of the death penalty are fundamental values enshrined in the Constitution and reflect Kyrgyzstan’s commitment to a legal system that excludes capital punishment.
“The ban on the death penalty is not just a legal norm — it reflects the nation’s moral and legal direction,” the ruling noted.
The court also reminded that Kyrgyzstan is a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which mandates total and permanent abolition of the death penalty and offers no withdrawal mechanism.
Reinstating capital punishment, the court warned, would put Kyrgyzstan in breach of its international obligations and undermine the constitutional principle of adherence to international law.
