On February 19, 2026, a draft law (Project ID 5783) was published on the Unified Portal for Public Discussion of Draft Normative Legal Acts of the Kyrgyz Republic. The draft proposes introducing life imprisonment as the sole punishment for murder committed in conjunction with rape, as well as for rape committed against a child under the age of 14 or a person with a disability.

Human rights organizations Equality Now and Bir Duino Kyrgyzstan acknowledge the state’s attention to the problem of sexualized violence and its willingness to take steps to strengthen the protection of women and children. At the same time, we emphasize that harsher punishment alone will not solve the problem or ensure effective protection for survivors. Many such crimes remain underreported due to fear of reporting, stigma, barriers to access to justice, and ineffective investigations.

To achieve a real reduction in sexualized violence, a comprehensive approach is needed. This includes prevention measures, early identification and response mechanisms, improvements to criminal and criminal procedure legislation, strengthening the effectiveness of investigations, and ensuring accessible and safe support services for survivors—particularly for children and women with disabilities.

Statement by Equality Now and Bir Duino (Kyrgyzstan)  

Kyrgyzstan must take comprehensive measures to protect women and children from sexual violence

Assessment of the draft law and the need for a comprehensive approach towards ending sexual violence

On 19 February 2026, a draft law was published on the Unified Portal for Public Discussion of Draft Normative Legal Acts of the Kyrgyz Republic. The draft proposes introducing a punishment exclusively in the form of life imprisonment for murder committed in conjunction with rape, as well as for rape committed against a child under 14 years of age or against a person with a disability (Project ID 5783).

We welcome the Head of State’s attention to the problem of sexual violence and the willingness to take steps to strengthen the protection of women and children. It is important that the State recognises the scale and gravity of these crimes and declares its intention to seek solutions.

At the same time, we are convinced that harsher punishment on its own will not reduce violence or ensure effective protection for survivors. The explanatory note to the draft states that “to date, most such crimes in Kyrgyzstan remain latent (unreported)”. However, introducing life imprisonment does not address the reasons why cases remain unreported and, in itself, does not increase the likelihood of reporting or detection.

To bring such crimes out of the “shadows” and achieve a real reduction in sexual violence, a comprehensive approach is needed: prevention measures, early identification and timely response, as well as amendments to the Criminal Code and the Criminal Procedure Code of the Kyrgyz Republic to eliminate gaps that hinder effective investigation and the prosecution of perpetrators. It is equally important to ensure accessible and safe mechanisms for seeking help and receiving support—especially for children and women with disabilities, who face additional barriers.

The problem lies not so much in the severity of the punishment prescribed by law, but in the fact that in practice this severity is often not implemented: due to ineffective investigations, barriers to access to justice, a lack of specialised services, and the absence of systematic prevention, perpetrators often avoid accountability.

Sexual violence is linked to abuse of power, gender inequality, stigma, silence and taboo around the topic, as well as insufficiently effective mechanisms for identification and response. Unless these factors are addressed, even formally strict sanctions in legislation will not ensure the inevitability of accountability or create a real deterrent effect.

International human rights bodies have repeatedly recommended that the Kyrgyz Republic focus on improving legislation and its implementation, enhancing the quality of investigations, and ensuring survivors have real access to justice and the support they need.

What is truly needed

To effectively combat sexual violence, a comprehensive, systemic approach is required. Tightening penalties without addressing the causes of underreporting, barriers to justice, and investigative shortcomings will not lead to increased detection or a real reduction in violence. Below are the key measures the State should take.

1. Reform of legislation (Criminal Code and Criminal Procedure Code) in line with international standards

1.1. A definition of rape based on the absence of freely given consent

Kyrgyzstan needs to bring the definition of rape into line with international standards by establishing the absence of freely given consent as the core element of the offence (primarily in Articles 154–156 of the Criminal Code of the Kyrgyz Republic), and by removing discriminatory and outdated provisions. The need for such changes has previously been highlighted by the UN Committee on the Elimination of Discrimination against Women in its recommendations to Kyrgyzstan.

The Kyrgyz Republic accepted (supported) such a recommendation in the framework of the most recent Universal Periodic Review. In particular, recommendation 140.69 calls on Kyrgyzstan to “amend the Criminal Code by clearly defining rape as an act committed in the absence of freely expressed consent” (recommendation of Iceland), which Kyrgyzstan supported (August 2025, A/HRC/60/4/Add.1).

1.2. Why this matters

The current provision, focused on defining rape in the context of physical violence or threats of its use, narrows the scope of the offence and allows many perpetrators to evade responsibility. In practice, lack of consent often occurs without “classic” physical coercion—for example, through psychological pressure, abuse of dependency, authority or trust, or the use of age, social or professional advantage. This is especially characteristic of situations involving a pronounced power imbalance (including “teacher–student”, “doctor–patient”, domestic violence, and others).

A definition based on the absence of freely given consent, taking coercive circumstances into account, would provide more complete protection, improve the predictability of law enforcement, and bring the Kyrgyz Republic’s legislation closer to standards reflected in the CEDAW Committee’s recommendations and other international mechanisms.

1.3. A realistic sequence of reforms

We understand that amendments to the Criminal Code and Criminal Procedure Code are time-consuming. As a first step, it is also possible to begin by clarifying law-enforcement practice through changes in the Supreme Court’s interpretative guidance (a Plenum resolution). We previously proposed this route and are ready to return to discussions.

2. Effective identification, safe reporting mechanisms and prevention

For the system to function not only after the fact, but to prevent violence and ensure timely assistance to survivors (including children and women with disabilities), a comprehensive set of measures is needed, including:

• accessible, safe and confidential channels for seeking help;
• guarantees of protection from pressure, intimidation, stigma and re-victimisation;
• clear referral pathways and inter-agency protocols (schools, social services, medical institutions, crisis centres, law-enforcement bodies);
• mandatory early identification of risks and response to “signals” (including from the healthcare and education systems), including proactive mechanisms for detecting violence in closed institutions (for example, neuropsychiatric residential facilities), isolated households and rural areas;
• systematic prevention, including education and community work on equality and the inadmissibility of violence; programmes for young people and men to change norms that sustain violence; and measures to reduce stigma and break taboos around sexual violence so that seeking help becomes more feasible and safer.

3. Effective investigation and justice

3.1. Specialisation and training

Training for investigators, prosecutors and judges in cases of sexual violence must be strengthened, and survivor-centred practices introduced. Otherwise, survivors who seek protection continue to face disbelief, stigmatising attitudes and unprofessional treatment, reducing willingness to report and undermining trust in the system. This is reflected, among other things, in the significant gap between the number of registered rape reports and the number of cases in which criminal proceedings are initiated in Kyrgyzstan—and even more so, the number of cases that end with a conviction.

3.2. Methodological standards

Special methodological guidelines for investigations should be developed and implemented (including evidence handling, risk assessment, and preventing secondary traumatisation).

3.3. Equality Now’s joint work with partners in the Kyrgyz Republic

At the end of 2025, Equality Now, together with the Council of Advocates of the Kyrgyz Republic, conducted a series of trainings for lawyers representing women in cases of crimes against sexual integrity, with a specific focus on working with survivors with disabilities. A training of trainers was first held in Bishkek, followed by regional trainings for lawyers in Jalal-Abad, Balykchy, Bishkek and Osh. We are currently finalising a guidance manual for lawyers on this topic together with the Council of Advocates.  

In addition, we have prepared a draft manual for law-enforcement bodies. We are ready to discuss its content, possible steps for implementation, and the organisation of joint trainings with State bodies.

4. Access to justice and comprehensive assistance, including for women and girls with disabilities

Legal, medical and psychological assistance must be ensured, and mechanisms established for individual needs assessments for survivors, including women and girls with disabilities.  

At the end of 2025, the report “Seeking justice: Sexual violence against women with disabilities in Kazakhstan, Kyrgyzstan and Uzbekistan” was published, showing the number of barriers faced in Kyrgyzstan by women with disabilities who have survived violence. The report also sets out legal and policy measures needed to ensure survivors’ rights to access to justice in the Kyrgyz Republic.

Our call

We share the State’s aspiration to strengthen the protection of women and girls and thank the President for attention to this issue. We urge the authorities to focus efforts on comprehensive reforms that will genuinely increase the safety of women and children, ensure implementation of international recommendations, and strengthen public trust in the justice system.

We are ready to cooperate with State bodies and to support the development and implementation of the necessary reforms, the fulfilment of international recommendations, and improvements to the system of prevention, identification and response to sexual violence, so that survivors receive effective protection and access to justice.

Website: www.equalitynow.org | Email: info@equalitynow.org | Phone: +1 (212) 586-0906

Registered Office: Church Street Station, PO Box 7160, New York, NY 10008-7160, USA

Website:www.birduino.kg/email:birduinokyrgyzstan@gmail.com

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