National frameworks to address hate crime in Kyrgyzstan
This page provides information on the national frameworks to address hate crime in Kyrgyzstan. The information provided here should be viewed alongside data presented on Kyrgyzstan's hate crime report page.
Hate crime recording and data collection
There is no dedicated recording and collecting data on hate crime in Kyrgyzstan.
Crimes are registered by law enforcement agencies based on a report from the victim, their representative, or any citizen about the commission of a crime. The report must contain information about the crime and its circumstances. If government agencies or officials learn of a crime within their authority, they are required to notify the relevant law enforcement agencies to initiate pre-trial proceedings. This is also the case when information about a crime is uncovered during operational and investigative activities. This procedure is regulated by the Criminal Procedure Code.
Each crime is registered in the Unified Crime Register, which allows the results and progress of the investigation to be tracked. Typically, such crimes are investigated by the internal affairs agencies. The General Prosecutor's Office maintains the Unified Crime Register, which also ensures oversight of the legality of actions within this system by investigators.
Prosecutors are also authorized to register any crimes in this system, including hate crimes. However, further investigation is transferred to the internal affairs or national security agencies, with a note made in the Unified Register.
According to the Criminal Procedure Code and the Law "On the Prosecutor's Office," prosecutors supervise the legality of the actions taken by internal affairs investigators during the investigation of hate crimes. They also represent the state in court when the case is brought to trial.
There are general orders from the General Prosecutor regarding work in the Unified Crime Register and instructions on how prosecutors should oversee investigations, including those involving hate crimes.
General information about the number of crimes is available both at the General Prosecutor's Office and the Ministry of Internal Affairs. Monthly reports are prepared on all types of crimes. It is unclear whether other agencies participate.
Separate statistics on hate crime cases are not available; only general information on all crime types is published. Such data can be found on the official websites of the National Statistical Committee and the General Prosecutor's Office.
The General Prosecutor's Office does not conduct victimization surveys.
Hate crime victim support
In Kyrgyzstan's legislation, hate crime victims are not defined as a specific category of crime victim. Victims of hate crime have the same legal status as victims of other crime types.
The status of victim in the criminal process grants victims certain rights:
• the right to receive information about the progress of the investigation and the court proceedings;
• the right to protection and representation in court;
• the right to compensation for damages caused by the crime; and
• the right to ensure the safety of the victim and their family.
In Kyrgyzstan, there are civil society organizations, including charitable and non-profit organizations, working to support crime victims.
Specialized services supporting victims of hate crimes encompass various aspects, including protection, medical aid, psychosocial counseling, legal assistance, and translation services. Organizations that provide such support often collaborate with government institutions to deliver these services.
There is no specific guidance supporting victims of hate crime. However, general standards and procedures for assisting crime victims are regulated at the national level through laws and secondary legislation related to the criminal and criminal procedure codes.
Victims of hate crimes have the right to access case materials when acting as an injured party. The prosecution is obliged to inform the victim about the decision not to pursue a hate crime case or about the charges brought based on the primary crime. Victims can present information in court about the consequences of the crime, including the emotional harm. The amount of compensation can consider the emotional harm caused to the victim.
Mechanisms for restorative justice are available, which may include mediation and reconciliation between the victim and perpetrator.
Hate crime capacity building
Trainings are routinely conducted for law enforcement personnel on various aspects of the criminal process, including investigation techniques, oversight of investigations, judicial proceedings, and victim protection mechanisms. Such trainings encompass all crime victims, and are not focused on hate crime victims.