Hate crime legislation in Kyrgyzstan

Criminal Code adopted in 2021 (Law No. 127 of the Kyrgyz Republic dated October 28, 2021), last amended on 25 January 2024 (Law No. 27/2024).

(unofficial translation) (emphasis added)

Excerpts related to Hate crimes

Article 74. Aggravating Circumstances

1. When assigning a punishment, the following shall be recognized as aggravating circumstances:

[…]

2) committing a crime on the basis of racial, ethnic, national, religious or interregional enmity (dissension);

[…]

The court has the right, depending on the nature of the crime, not to recognize this circumstance as an aggravating circumstance.

2. When sentencing, the court may not recognize circumstances as aggravating that are not provided for in this article.

Article 122. Murder

(1) Murder – taking the life of another person – shall be punished by deprivation of liberty for a period of eight to twelve years.

(2) Murder: (…)

11) committed on the grounds of racial, ethnic, national, religious or interregional enmity (conflict); (...)

shall be punished by deprivation of liberty for a term of twelve to fifteen years with or without confiscation of property or life imprisonment with or without confiscation of property.

Article 130. Severe damage to health

(1) Serious damage to health in the form of life-threatening physical damage at the time of injury or loss of vision, speech, hearing or any organ, or health damage that leads to loss of executive functions of an organ, permanent loss of at least one third of working capacity, or knowingly causing a mental illness or other health disorder associated with complete loss of ability to work professionally, or causing an indelible mark on a person's face, shall be punished by deprivation of liberty for five to seven years.

(2) The same action, committed: (...)

6) on the grounds of racial, ethnic, national, religious or interregional enmity (conflict); (...)

shall be punished by imprisonment for six to eight years.

Article 137. Torture

(1) Causing physical or mental suffering to any person, for the purpose of obtaining information or confession from them or another person; punishing them for an act they or another person has committed or is suspected of having committed; at the same time, threatening or forcing them or another person to commit certain acts, or for any reason based on discrimination of any nature, committed by an official or at his instigation, with his knowledge or acquiescence, shall be punished by deprivation of liberty for a period of five to eight years with deprivation of the right to hold a certain position or engage in certain activities for a period of up to three years.

[…]

Article 138. Repeated beating [Torture]

(1) If two or more beatings or other violent actions lead to physical or mental suffering, if it does not lead to the consequences provided for in Articles 130 [Severe damage to health] and 131 [Minor damage to health] of this Code, shall be punished by correctional labor for a term of one to three years or a fine of 500 to 1000 units or imprisonment for a term of up to three years.

[…]

(3) The same action, committed: (...)

3) on the grounds of social, national, racial, religious hatred or enmity; (...)

shall be punished by deprivation of liberty for five to eight years with or without confiscation of property.

Excerpts related to Hate speech offences

Article 330. Incitement to racial, ethnic, national, religious or interregional hatred (discord)

1. Actions aimed at inciting racial, ethnic, national, religious or interregional hatred (discord), humiliation of national dignity, as well as propaganda of exclusivity, superiority or inferiority of citizens on the basis of their attitude to religion, national or racial affiliation, committed publicly or using the media, as well as via the Internet, -

shall be punishable by a fine of 1,000 to 2,000 calculation indices or imprisonment for up to five years.

2. The same acts committed:

1) with the use of violence that is not dangerous to life and health, or the threat of its use;

2) using one's official position;

3) by a group of persons;

4) by a group of persons by prior agreement;

5) by an organized group;

6) as part of a criminal community, - shall be punishable by imprisonment for a term of five to seven years.