New Tactics | Rezolution of the Round table in KGZ

Rezolution of the Round table in KGZ

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Dear friends, partners and colleagues,On June 29, 2007 the President of Kyrgyzstan Kurmanek Bakiev signed the Law “On amending the Criminal Code, Criminal Procedural Code, Administrative Code and Criminal Punishment Code” and “On putting into effect the Criminal Code” and “On putting into effect the Criminal Procedural Code” adopted by the Jogorku Kenesh on April 26, 2007.  The given Law abolished death penalty and replaced it with life imprisonment.  Since December 2006, citizens have been guaranteed their right to life by the Constitution. From December 1998, a moratorium was announced on death penalty in Kyrgyzstan, prolonged annually till the right of citizens to life has been guaranteed constitutionally. At present 174 inmates convicted to capital punishment are held in underground facilities of various preliminary isolator-prisons in inhumane conditions.  However, if previously a person was convicted to capital punishment only for three types of crimes (murder – article 97, rape – article 129 and genocide – article 373), today a person is convicted to life imprisonment for six types of crimes (murder – art. 97, rape – art. 129, genocide – art. 373, murder of a person executing justice or investigation – art. 319 – death penalty was given for this crime, which was later replaced by the proposal of the parliament, murder of a representative of law enforcement structures and Supreme Court – art. 340 and murder of a statesman or public person – art. 294).  Human Rights Center “Citizens against Corruption” and network of partners “People changing the World” lobbied the President for two months to convince him to replace life imprisonment with fixed term of imprisonment.  We are attaching the Resolution of the roundtable “The status of persons convicted to capital punishment in Kyrgyzstan, further steps to humanizing criminal legislation and penitentiary system after amendments to the Constitution of the KR which guarantees citizens’ rights to life”, which was adopted on the International Day to support victims of torture on June 26, 2007.  We think that the Government of the Kyrgyz Republic should take measures for further humanization and liberalization of criminal legislation at both national and international levels.    

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 Resolution of the roundtable “Status of persons convicted to capital punishment and further steps to humanizing criminal legislation and penitentiary system after amendments to the Constitution guaranteeing citizens’ right to life” Bishkek, June 26, 2007. We, the participants of the roundtable “Status of the persons convicted to capital punishment, further steps to humanizing criminal legislation and penitentiary system after amendments to the Constitution guaranteeing citizens’ right to life” organized by the Human Rights Center “Citizens Against corruption”, in cooperation with partner organizations from Osh, Jalal-Abad, Batken, Balykchi, Cholpon Ata and Bishkek, international organizations and representatives of appropriate administration offices, as well as members of the Public Council on issues of humanization of criminal legislation and penitentiary system under the Ministry of Justice of the KR,  Considering universal international fundamental values of protecting human rights and freedoms, obligations of Kyrgyzstan to the OSCE and the UN regarding the promotion of human rights, and international standards on persons convicted to capital punishment and cheering the constitutionally guaranteed right of citizens to life,   Supporting the efforts of the KR towards further humanization and liberalization of criminal punishment and juridical elimination of death penalty with alternative replacement of it with fixed term of imprisonment from 20 to 25 years, with the right to review each 5 years and amnesty rights to persons convicted for the first time (further reform proposals send to the President, the Government and the Parliament of the Kyrgyz Republic)      Urge the President of the Kyrgyz Republic, the Government of the Kyrgyz Republic and the Parliament of the Kyrgyz Republic  ·        To recommend to bring national legislation in accordance to the Constitution.  ·        Immediately eliminate all capital punishment sentences (more than 174 persons), review and define their status and provide them access to fair and open court hearings with the participation of the public and lawyers.   §        Take measures towards guaranteeing rights of persons convicted to capital punishment to the maintenance of family ties, contacts with the outside world, as well as access to newspapers, TV, Radio; education and labor.  §        Provide for normal food, living conditions, medical service to persons convicted to capital punishment §        Reform the Commission on pardon under the President of the Kyrgyz Republic to make it more open and transparent, providing victims and members of their families with access to information, allow relatives to information about the place of burial and allow access to the database of citizens who were executed before the announcement of moratorium in December 1998.  §        Pay several visits to preliminary detention centers, where citizens convicted to capital punishment are held, together with members of the Public council under the Ministry of Justice of the KR and staff of the Office of the Ombudsman to work out cooperative measures on protecting their constitutional rights and liberties and promote penitentiary reform in Kyrgyzstan in accordance with international standards.  §        Ask the Government of the KR to participate in drafting of the Resolution on world moratorium on capital punishment at the 62nd session of the General Assembly of the UN, which will take place this autumn §        Expedite the ratification of the Second Optional Protocol to International Covenant on Civil and Political rights §        Ratify the Optional Protocol to the UN Convention against torture and Other Cruel, Inhuman or Degrading Treatment or Punishment §        Expedite the recognition by the Kyrgyz Republic of the competence of the UN Committee against Torture to review complaints in accordance with the Article 22 of the UN Convention Against torture and Other Cruel, Inhuman or Degrading Treatment or Punishment  Members of the roundtableThe list of members attached

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