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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. During presidential elections in 2017, the nation elected former prime minister and member of the Social Democratic Party of Kyrgyzstan, Sooronbai Jeenbekov, to succeed outgoing President Almazbek Atambaev. The Organization for Security and Cooperation in Europe (OSCE) described the elections as competitive and well administered, but it noted room for improvement in the legal framework to prevent misuse of public resources in election campaigns and to deter vote buying more effectively.

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 (GKNB), which also controls the presidential security service. The Prosecutor General’s Office (PGO) prosecutes both local and national crimes. Civilian authorities at times did not maintain effective control over the security forces.

Significant human rights issues included: law enforcement and security services’ use of torture and arbitrary arrest; harsh and life-threatening prison conditions; political prisoners; significant problems with the independence of the judiciary; severe restrictions on free expression, the press, and the internet, including site blocking and criminal libel in practice; significant acts of corruption; trafficking in persons; crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, and intersex persons (LGBTI); and use of forced 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 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. NGO leaders and media rights advocates acknowledged a more relaxed press environment under the Jeenbekov administration, noting a clear drop in libel lawsuits against independent media outlets and the withdrawal of existing cases launched under the previous administration. Self-censorship continued to be prevalent, and pressure reportedly existed from editors and political figures to bias reporting.

Freedom of Expression: Multiple civil society groups noted an increase in the application of Article 299 of the criminal code on the “incitement of interethnic, racial, religious, and interregional hatred.” Observers stated in some cases authorities broadly interpreted Article 299 to sanction speech, which tended to affect ethnic minorities and human rights defenders. According to NGOs, virtually all arrests under Article 299 resulted in convictions in 2018. Civil society organizations called the process to confirm violations of Article 299 arbitrary, politicized, and unprofessional. Article 314 of the penal code that came into force in January requires an intent to distribute extremist materials be proven in order to convict of a crime. Article 314 replaces the provisions found previously in Article 299.

Press and Media, Including Online Media: As in earlier years, some journalists reported intimidation related to coverage of sensitive topics, such as interethnic relations, “religious extremism,” or the rise of nationalism. The trend was particularly salient against Uzbek-language media outlets.

In recent years the government, security services, and oligarchs attempted to prevent independent media from operating freely in the country. The government continued its tight controls over news content on state television.

On August 14, OSCE Representative on Freedom of the Media Harlem Desir expressed his concern over the closure of the television channel April TV in Bishkek and called for respect for diversity in media. On August 9, the security services sealed off channel April TV’s headquarters in Bishkek as part of a security operation, shutting it down. “I am concerned by the seizure of assets of the television channel April and the suspension of its operations,” the representative said. “While I am fully aware of the exceptional circumstances under which this decision was taken, I call on the relevant authorities to review this decision.” The representative also said the safety of journalists who cover political events must be respected by all actors, after media worker Aida Djumashova was injured during the raid on former president Atambaev’s home on August 7 and protesters attacked reporters with Vesti.kg, April and Kloop.kg in Bishkek on August 8. On November 21, April TV received permission to resume broadcasting, but on December 7, the Military Prosecutor’s Office filed a lawsuit to prevent April TV from broadcasting further. The Media Policy Institute appealed to the court, asking that the ban on broadcasting be reversed. The institute released a statement asserting the Military Prosecutor’s Office did not have the authority to ban April TV from broadcasting.

Violence and Harassment: Journalists, especially those who are ethnic Uzbeks, reported harassment by police, and continuing pressure by local and national authorities to avoid reporting on sensitive issues, including ethnic conflicts, corruption, and political figures. Media members also reported that nonstate actors, particularly politically well connected and wealthy individuals, harassed them for reporting on those individuals’ alleged corruption and other kinds of wrongdoing. Journalists sometimes practiced self-censorship to avoid reprisals for their reporting.

Censorship or Content Restrictions: As in previous years, journalists and NGO leaders alleged some news outlets instructed their reporters not to report critically on certain politicians or government officials. The sources also reported some news outlets received requests from offices of the government to report in a particular way or to ignore specific news stories.

NGO leaders and media sources reported state-owned broadcasters remained under pressure to transmit stories promoting government policies and initiatives and develop narratives critical of NGOs, opposition figures, and civil society activists.

As the government transitions from an analog to a digital broadcasting system starting this year, individuals and news organizations can submit requests to the government to get a license for a television channel. The government controlled the licensing process, and civil society reported the government abused the licensing process by revoking licenses to individuals or organizations which broadcast content the government disagrees with. The government’s revocation of a license to operate a television channel can financially decimate a news outlet and shutter their operations.

Libel/Slander Laws: While libel is not a criminal offense except in narrowly prescribed instances, NGO leaders described the False Accusations Amendments, passed in 2014 as a practical “recriminalizing of libel.” Journalists noted the law exposed media to libel suits in civil courts that could bankrupt the outlets or journalists in their defense attempts. In 2015 the Constitutional Chamber narrowed the reach of the law, holding that henceforth it would apply only in cases of knowingly making false statements in a police report but not to statements in media, although subsequent decisions appeared to contradict that ruling. While slander and libel are not criminal offenses, civil lawsuits can result in defendants paying compensation for moral harm, which the law does not limit in size. Observers stated courts arbitrarily ruled on the amount of compensation and that failure to pay compensation could serve as a basis for criminal prosecution.

In the first half of the year, press reported that, despite the improvements in press freedom, attacks on media continued through the use of libel laws. The Supreme Court upheld a decision in the suit of Social Democratic Party of Kyrgyzstan Member of Parliament (MP) Kozhobek Ryspaev against the newspaper Achyk Sayasat. The newspaper had to pay Ryspaev 300,000 soms ($4,300) in compensation. The newspaper editor in chief Nazgul Mamytova said the newspaper was likely to close. MP Ryspaev sued the newspaper due to an article that was published in August 2018, which stated Ryspaev was moving from one political party to another, and the author called him a “chameleon.”

The Adilet Legal Clinic reported the organization defended journalists and media outlets charged with libel and slander and that members of media regularly feared the threat of lawsuits.

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. In practice authorities and party officials responsible for administering elections engaged in some procedural irregularities.

Section 4. Corruption and Lack of Transparency in Government

While the law provides criminal penalties for public officials convicted of corruption, the government did not implement the law effectively, and officials frequently engaged in corrupt practices with impunity. Civil society and media reported numerous incidents of government corruption during the year. According to Transparency International, the government appears to selectively investigate and prosecute corruption cases. The practice of officials in all levels of law enforcement accepting the payment of bribes to avoid investigation or prosecution is a major problem. Law enforcement officers, particularly in the southern part of the country, frequently employed arbitrary arrest, torture, and the threat of criminal prosecution as a means of extorting cash payments from citizens (see section 1.d.).

Corruption: The GKNB’s anticorruption branch is the only government body formally empowered to investigate corruption. It is not an independent government entity; the branch’s work is funded from the GKNB’s operating budget. The branch limits its cooperation with civil society. The State Service to Combat Economic Crimes, also known as the Financial Police, investigates economic crimes, which sometimes includes corruption-related crimes.

On August 9, the government charged former president Atambaev with corruption for his alleged actions related to the modernization of the Bishkek Combined Heating and Power Plant and the ownership of property using a front person. Prior to his arrest, Atambaev refused to be interrogated by authorities about his role in a number of criminal cases. Atambaev’s arrest followed a GKNB raid on his compound that resulted in the death of one member of the Special Forces and injuries to more than 170 people. The government accused Atambaev of using violence against representatives of the authorities, organizing mass unrest, hostage taking, and murder in the wake of the raid.

Atambaev’s arrest followed the 2018 arrests of several high-profile political figures in connection to the Combined Heating and Power Plant, including two former prime ministers, the mayor of Bishkek, and the chief of the State Customs Service. On December 6, the Sverdlov District Court of Bishkek sentenced the two former prime ministers Sapar Isakov and Jantoro Satybaldiev to 15 and 7.5 years in prison, respectively, for corruption and abuse of power related to the modernization of the Bishkek Combined Heating and Power Plant. The prosecution argued that Isakov and Satybaldiev knew the proposal to modernize the facility was contrary to the interests of the Kyrgyz Republic due to technical and technological shortcomings. Some Atambaev supporters alleged the two former prime ministers might have been prosecuted due to their connections with the former president.

Financial Disclosure: The law requires all public officials to publish their income and assets. The State Personnel Service is responsible for making this information public. Officials who do not disclose required information may be dismissed from office, although the government did not regularly enforce this punishment.

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.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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