Not many around the world would be familiar with the country of Kyrgyzstan, not be able to recognise it on a map. However there are huge issues that rage within the region, where it’s people are continuing to be convicted of crimes that are no longer criminal, coupled with the rights of women that remain a core problem.

Possession of Islamic extremism material was criminalised up until January 2019, when Kyrgyzstan then overturned its criminal code to now legalise possession of material including pamphlets, videos, songs and other materials considered extreme. Previously, those found guilty of possessing these materials for non-violent purposes would be incarcerated, however that has since been overturned unless proven to be used for violent activities.

The question posed is does the possession of extremist material constitute an intent to carry out harmful activities or incite violence? It could be said that it may influence, spread ideology or inspire individuals. In my view, the possession is just as dangerous based on its power to influence others, as it is to incite violence. However, the degree of persons incarcerated based on possession of non-extremist materials remains a core issue.

These changes were designed to restrict the hundreds of incarcerations for possession of materials that did not contain ideological or politically motivated violence based on the broad interpretation of “extremism”, which included “hooliganism” and “vandalism”.

A young single mother convicted in 2017 for possessing a single video containing extremist material still awaits her sentence; the regional court declared that once her youngest son (aged 8) turns 14, they will then determine this.

Another young man who works as a shoe salesman loses a day of work to travel to the open prison daily to serve his three year sentence wrote a letter to a judge for leniency following the legislative changes, and promised to be assigned to a state lawyer. He was only told six months following this once seeking help from an independent lawyer that this request was denied by the judge, despite the possession of materials no longer considered a crime. The right to a fair trial does not exist in this nation.

Open prisons in Kyrgyzstan require inmates to spend at least 4 hours to a day weekly, and roughly pay US$28 monthly to the prisons. Not only does the average family earn $120 per month, but those convicted of terrorism or extremist related charges can have their assets frozen, restrict access to visitors and limit employment for years.

Given the lack of access to legal assistance and the broad interpretation of what is considered extremist material, a desperate overhaul of the system is required. Conviction for a crime that does not exist serves no purpose amongst the community and serves no purpose to enacting the intended legislation.

Human Rights Watch on Kyrgyzstan