On December 10, 2025, the Constitutional Court of the Kyrgyz Republic ruled the reinstatement of the death penalty through a constitutional amendment unacceptable, citing its inconsistency with the Constitution and the country's international obligations, Fergana.ru reports.
According to a press release from the Constitutional Court, the court reviewed an appeal by the administration of President Sadyr Japarov regarding draft amendments introducing the death penalty for child rape and murder involving rape. In analyzing the amendments, the Constitutional Court considered the consistency of the proposed provisions with the Basic Law as a holistic system, taking into account their impact on the foundations of the constitutional order, which centers on fundamental human rights and freedoms and the democratic nature of the state.
Following its review, the court found that reinstating the death penalty was inconsistent with the Constitution. The decision emphasized that human rights and freedoms are enshrined in the Constitution as the highest value. The court emphasized the principle of non-regression, as stability and consistency of guarantees express the priority of the individual and their dignity. Specifically, the prohibition of the death penalty and recognition of the right to life have not only a normative but also a value-based dimension.
The Constitutional Court also noted the international legal aspect. The Constitution of the Kyrgyz Republic stipulates that generally recognized principles and norms of international law are part of the national legal system. The Court cited the Vienna Convention on the Law of Treaties, emphasizing that a state cannot justify non-compliance with an international agreement by domestic law, and that termination of a treaty is possible only in strict accordance with the terms of the agreement.
Based on an analysis of constitutional and international legal norms, the court ruled that reinstating the death penalty through a constitutional amendment is unacceptable and legally impossible. Therefore, the draft law amending the Constitution cannot be submitted to a referendum, and all procedures for its promotion cease upon the entry into force of the Constitutional Court's ruling.






































