On October 30, the Karakol City Court in Kyrgyzstan’s Issyk-Kul Region upheld an 11-year sentence meted out in February 2023 to a 66-year-old man for the crime of raping a minor. The crime had only been revealed when the girl became pregnant and the rapist’s culpability was confirmed with a DNA test after the child’s child was stillborn at five months. The case took two and half years to wend its way through trial and appeal before the final verdict, an illustration of the arduous path to justice for victims of sexual violence in Kyrgyzstan.
Complicating the case further, and deepening the horror of it, the minor – who was 16 at the time – lives with cerebral palsy and epilepsy. “The lack of specialized services for people with disabilities… created additional difficulties in protecting the rights of the victim,” says Lira Ismailova, a gender expert with Kyrgyz NGO Bir Duino. And this was on top of challenges faced by all victims in accessing justice in Kyrgyzstan, from embedded patriarchal norms to weak enforcement mechanisms and social pressure to protect the family’s honor and just make peace.
While Kyrgyzstan, like its neighbors Kazakhstan and Uzbekistan, has made some progress in terms of legal reforms in regard to sexual violence, “critical gaps remain,” says Janette Akhilgova, a Eurasia consultant at Equality Now.
In the following interview with The Diplomat’s Managing Editor Catherine Putz, Ismailova and Akhilgova discuss this recent horrific case of child sexual abuse, existing barriers to justice, and the pathways forward.
Note: Ismailova’s responses were translated from Russian and edited for clarity.
On October 30, a court in Karakol sentenced a man to 11 years for the sexual assault of a minor with disabilities. Can you explain how the case came to court?
Ismailova: The case of a disabled girl, born in 2005, with cerebral palsy and epilepsy, came to the attention of law enforcement agencies after it was discovered that she had been subjected to sexual violence, which resulted in a five-month pregnancy. The case also caused a wide public outcry, which attracted civil society organizations to help the girl and her family, together with local authorities, to conduct a forensic genetic examination. That established the biological paternity of a resident of the Tyup district, born in 1958. Based on the evidence, he was charged with committing a crime under Article 154, Part 3, paragraphs 1 and 2 of the Criminal Code of the Kyrgyz Republic (rape of a minor).
In February 2023, the Tyup District Court found him guilty and sentenced him to 11 years in prison.
However, the accused filed an appeal, which led to a review of the case in the second instance (in an appellate court) and then in the Supreme Court of the Kyrgyz Republic, which sent the case back to the district court for reconsideration. The entire process was accompanied by postponements of court hearings, but thanks to public oversight from the Commissioner for Children’s Rights of the Kyrgyz Republic, who constantly monitored the case and interacted with various agencies, the case was brought to a final verdict. The trial lasted 2.5 years. As a result, on October 30, 2024, the Karakol City Court of the Issyk-Kul Region again found him guilty and sentenced him to 11 years of imprisonment.
What obstacles did the victim’s family face in pursuing justice?
Ismailova: The victim’s family faced numerous and serious obstacles on the path to justice. The trial was accompanied by constant postponements and delays of court hearings, which not only delayed the proceedings, but also had a significant negative impact on the emotional and physical state of both the victim and her loved ones. This increased their psychological burden and undermined their confidence in the justice system, making it difficult to access timely assistance and protection.
One of the key problems was the lack of coordination between various agencies. The interaction between law enforcement agencies, the judicial system, and social protection services was not well-coordinated, which led to a slowdown in the process and the creation of additional administrative barriers.
Conducting DNA testing in cases of rape and pregnancy requires additional financial costs, which is an expensive process for people with disabilities. The need to send biological material abroad leads to significant delays and complications in the investigation, and makes justice more dependent on external factors (Kazakhstan, Russia).
Additional difficulties arose due to constant pressure on the family from the relatives of the accused, who tried to influence the outcome of the case. In a patriarchal society, where traditional ideas about “family honor” often prevail, the accused’s side tried to shift emphasis to public opinion, which put psychological pressure on the victim’s family. As a result, the family faced not only administrative but also social barriers, which further complicated their path to justice.
In addition, the lack of specialized services for people with disabilities, such as accessible legal services and adapted interrogation methods, created additional difficulties in protecting the rights of the victim. Conducting interrogations without taking into account the characteristics and needs of victims with disabilities causes additional trauma to the victims.
The investigation of a crime of this nature often requires the intervention of different commissions and responsible persons in order for the case to move forward and reach the court. Thus, the path to justice for the victim’s family was extremely difficult and was affected by both structural deficiencies in the justice system and social prejudices.
The 11-year prison sentence appears significant. But in other sexual assault cases, perpetrators have been released early. Do you anticipate that in this case?
Ismailova: In this particular case, the likelihood of the accused being released early, given the strict control exercised by the Prosecutor General’s Office, seems unlikely.
In response to the disciplinary violations identified, the Prosecutor General’s Office has taken steps to ensure that all procedures are followed and that similar cases do not occur in the future. Disciplinary sanctions have been imposed on the prosecutors responsible for this case, indicating the prosecutor’s intention to ensure that justice is properly carried out. In addition, a special supervision system has been implemented in this case, which should minimize the possibility of the offender being released early.
In this regard, it can be expected that justice will be served in this particular case and that the accused will receive the full penalty of 11 years’ imprisonment.
What is the legal landscape regarding sexual assault in Kyrgyzstan currently like?
Ismailova: In Kyrgyzstan, the problem of sexualized and gender-based violence is deeply rooted and systemic, rooted in traditional patriarchal norms that are part of the country’s cultural code. Society views gender-based violence through the lens of “family honor,” which places significant restrictions on women and reinforces their subordination. Women are often economically dependent, have limited employment opportunities, and play secondary roles in decision-making, making them vulnerable to violence. In these contexts, cases of violence often go unreported due to societal pressure, a lack of accessible crisis centers, and a lack of resources, especially in rural and remote areas.
The legal system faces significant challenges in combating gender-based violence. Despite existing legislation punishing sexualized violence, there is often no effective mechanism to break this vicious cycle, and many cases are not brought to court or are dealt with superficially. The situation is exacerbated by a lack of political will and leadership, which limits the implementation of reforms and makes law enforcement inconsistent and insufficiently rigorous.
For women and girls with disabilities, the situation is even more complex. Although Kyrgyzstan has ratified the U.N. Convention on the Rights of Persons with Disabilities and adopted national programs to implement its principles, there are still no comprehensive support programs for people with disabilities in the country. These individuals face significant barriers to their autonomy and access to justice, making them even more vulnerable to violence. Many public buildings, including hospitals and courts, are not equipped with the necessary accessibility tools. People with disabilities have difficulty obtaining legal assistance due to the lack of adapted services, materials in Braille or other accessible formats.
Social and cultural stereotypes also play a negative role, increasing isolation and social barriers for women and girls with disabilities. In rural and remote areas, prejudices are so strong that having a family member with a disability can be perceived as a shame, which often leaves women and girls with disabilities completely isolated. They are prohibited from communicating with people outside the family, which leads to a withdrawn lifestyle and limited mobility. In addition, prevailing prejudices deprive them of the right to education and participation in public life, despite the provisions of the national Law on Education, which guarantees inclusive education.
To truly improve the situation with sexualized and gender-based violence, Kyrgyzstan must amend national legislation to ensure that it complies with the standards of international conventions. This involves introducing the principles of “reasonable accommodation” and moving toward a social model of disability. It is also important to ensure the availability of services and facilities, including crisis centers, adapted to the needs of persons with disabilities. Strengthening measures to prevent violence and access to justice for women and girls with disabilities should be priorities in order to break the vicious cycle of violence and ensure equal rights for all citizens.
How does Kyrgyzstan measure up regionally and globally when it comes to confronting sexual violence, particularly against women and girls?
Akhilgova: While sexual violence can be committed against individuals of any sex, deep-rooted inequality and widespread misogyny mean it is women and girls who are far more likely to experience this form of abuse. Sexual violence, like other types of gender-based violence, is both a manifestation of discrimination against women and a significant barrier to achieving gender equality.
In recent years, Kyrgyzstan has made some progress with legal reforms aimed at improving access to justice for women and girls affected by sexual violence. However, critical gaps remain as the country’s current definitions of sexual violence still violate regional and international human rights standards by not appropriately criminalizing and punishing all sexual violence acts.
Notably, Kyrgyzstan’s criminal code lacks a consent-based definition of rape and instead requires evidence of violence in order to prove rape. This places an unfair burden on survivors, who have to show they have physically resisted an assault, and it fails to take into account how individual responses to sexual violence can vary considerably. Nor does it consider factors such as coercion, intimidation, deception, intoxication, and power imbalances.
The way sexual violence crimes are defined, investigated, and prosecuted provides opportunities for perpetrators to escape criminal liability, perpetuating a culture of impunity that denies justice for sexual violence survivors and fails to deter future violence. When other forms of vulnerability such as disability or migrant status are factored in, it becomes even more difficult for women and girls to access justice.
Child, early, and forced marriage is also a problem closely tied to violence against women and girls. A recent report by Equality Now, “Breaking Barriers: Addressing Child, Early And Forced Marriage In Eurasia,” found that Kyrgyzstan has a high rate of child marriage, with approximately 13 percent of women aged 20 to 24 marrying below 18. While the government has introduced comprehensive measures to address the problem, in order to have a positive impact, greater action is needed to effectively implement these measures.
Child marriage greatly heightens girls’ risk of exploitation and violence and limits their future opportunities. Girls in early marriages are far more likely to leave school, often due to pregnancy or to perform unpaid domestic work. This loss of education curtails their potential for financial independence and traps many in cycles of poverty and dependency. There is also a direct link between child marriage and increased vulnerability to domestic violence, as younger brides are often in unequal relationships, leaving them more susceptible to abuse and less able to seek help or escape harmful situations.
Why does Kyrgyzstan have low rates of reporting rape? What can be done at the government level to address these conditions?
Akhilgova: Kyrgyzstan has low reporting and conviction rates for sexual violence and this is related to legal, procedural, and socio-cultural barriers that women and girls face in seeking justice in Kyrgyzstan. Not all acts of sexual violence are properly criminalized and gender discriminatory social attitudes often place the blame on victims. This culture of shame and the insensitivity of law enforcement agencies makes the investigation stage extremely challenging for the victim and her family, often leading to further trauma and victimization.
Victims are also left vulnerable to pressure from the perpetrator and his family, often without protection. Many cases of sexual violence against women and girls, particularly minors and persons with disabilities, reach the courts only when social services, NGOs, or media intervene. Intentional misclassification of sexual crimes where the perpetrator is charged with a lesser crime, leads to inadequate punishment. All these leave little to no incentive and resources for a victim to seek justice.
Effective solutions require comprehensive legislative and policy measures that ensure existing laws align with the regional and international human rights standards. The definition of rape should only be based on a lack of voluntary consent, taking into account the wide range of coercive circumstances. Education and training need to be provided for investigators, prosecutors, judges, lawyers, and psychologists based on a gender-sensitive and child-sensitive lens for investigating and prosecuting cases of sexual violence. Awareness-raising campaigns are also needed to address harmful stereotypes related to sexual violence.