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Kyrgyzstan

Executive Summary

The Kyrgyz Republic has a parliamentary form of government designed to limit presidential power and enhance the role of parliament and the prime minister. October 2 parliamentary elections were marred by accusations of vote buying and voter intimidation; opposition parties protested the results. After two nights of violence, the Central Election Commission annulled the elections and parliament approved an interim government led by Sadyr Japarov. On October 15, President Jeenbekov resigned and Japarov became acting president. A new presidential election was scheduled for January 10, 2021 along with a referendum on whether the country should transfer to a presidential system or government or keep its parliamentary system.

The investigation of general and local crimes falls under the authority of the Ministry of Internal Affairs, while certain crimes such as terrorism and corruption fall under the authority of the State Committee on National Security, which also controls the presidential security service. The Prosecutor General’s Office prosecutes both local and national crimes. Law enforcement falls under the authority of the Ministry of Interior, which falls under presidential jurisdiction. Civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included: use of torture by law enforcement and security services; harsh and life-threatening prison conditions; arbitrary arrest; political prisoners; problems with the independence of the judiciary; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, unjustified arrests or prosecutions against journalists, censorship, and site blocking; refoulement of refugees to a country where they would face a threat to their life or freedom; significant acts of corruption; lack of investigation of and accountability for violence against women; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, and intersex persons and impunity for gender based violence; significant restrictions on workers’ freedom of association; and the existence of the worst forms of child labor.

While the government took steps to investigate and prosecute or punish officials known to have committed human rights abuses, especially those involved in corrupt activities, official impunity remained a problem.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

According to the law, wiretaps, home searches, mail interception, and similar acts, including in cases relating to national security, are permitted only with the approval of the prosecutor and based on a court decision. Such actions are permitted exclusively to combat crime. There were reports that the government failed to respect these restrictions, including reports of police planting evidence in cases of extremism investigations. Seven government agencies have legal authority to monitor citizens’ telephone and internet communications.

Section 2. Respect for Civil Liberties, Including:

Internet Freedom

The government generally allowed access to the internet, including social media sites. There were no public credible reports the government monitored private online communications without appropriate legal authority. The Civic Initiative on Internet Policy reported on 371 internet resources that are blocked by the government, including archive.org, soundcloud.com, and numerous links to Facebook and YouTube. The Civic Initiative for Internet Policy noted there were some sites the government blocked without a court order, including Change.org, which was blocked after a petition appeared calling for the impeachment of the president.

NGOs reported that security services have shifted to online monitoring of social media accounts, and media reported that the government targeted bloggers and social media users for critical internet posts. On July 15, the GKNB interrogated comedian Nazgul Alymkulova over satirical posts about the president and the government. Two days later, police detained Argen Baktybek uulu, an administrator of the Facebook group Memestan, over posts critical of the government. Baktybek was detained due to “the dissemination of information that demeans the authorities.” On July 28, the GKNB interrogated Eldiyar Zholdoshev after he posted a video online that criticized the government’s response to COVID-19 and called President Jeenbekov the worst president in the history of the country. The GKNB claimed that Zholdoshev had violated the law against incitement of racial, ethnic, religious, or interregional hatred.

Members of the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community reported that authorities regularly monitored chatrooms and dating sites in an effort to punish and extort those who were seeking homosexual sex through online venues.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Numerous domestic and international human rights organizations operated actively in the country, although government officials at times were uncooperative and unresponsive to their views.

Government actions at times appeared to impede the ability of NGOs to operate freely.

The United Nations or Other International Bodies: The government permitted visits by representatives of the United Nations and other organizations in connection with the investigation of abuses or monitoring of human rights problems in the country, including those of the OSCE, ICRC, Norwegian Helsinki Committee, and International Organization for Migration. The government provided international bodies largely unfettered access to civil society activists, detention facilities and detainees, and government officials.

Government Human Rights Bodies: The Office of the Ombudsman acts as an independent advocate for human rights on behalf of private citizens and NGOs and has the authority to recommend cases for court review. Observers noted the atmosphere of impunity surrounding the security forces and their ability to act independently against citizens, factors that limited the number and type of complaints submitted to the Ombudsman’s Office.

Although the Ombudsman’s Office exists in part to receive complaints of human rights abuses and pass the complaints to relevant agencies for investigation, both domestic and international observers questioned the office’s efficiency and political independence.

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