Growth of non-custodial sanctions in the Kyrgyz Republic since 2020

The Kyrgyz Republic reports a decrease of its prison population, backing the ongoing humanization of its criminal justice system. The prison population amounted to 7728 in 2023, a 20% decrease compared to 2020 (9658 prisoners).  

Despite the increased number of convictions by 22% from 2020 (5 074) to 2023 (6 202), the number of non-custodial sentences – alternatives to imprisonment – has risen by 55 %. This was reported at a roundtable discussion organized by the Ministry of Justice and UNODC Programme Office in the Kyrgyz Republic on 17 April 2024.

In the framework of the EU-co-funded project ‘JUST4ALL’ focusing on the establishment of a probation system and criminal justice information management systems, UNODC conducted an analytical review on the judicial practice on custodial and non-custodial sentences between 202 and 2023. This research aimed at analysing court decisions on alternatives to incarceration and collecting data to inform evidence-based technical assistance within the mentioned project.

An interagency Working Group, formed by the Ministry of Justice’s order #172, was tasked to conduct an analytical review by representatives from the Supreme Court, the General Prosecutor's Office, Prison Service and Probation Department.

Mr. Zarylbek uulu Almazbek, Deputy Minister of Justice of the Kyrgyz Republic emphasized that this analysis would help to identify positive aspects and shortcomings in the current system. "This work is necessary and relevant, and we are convinced that it will contribute, among others, to the harmonization of regulatory legal acts, as well as improved cooperation and interaction with government agencies."

“The EU-funded “JUST4ALL” project plays a key role in promoting the humanization of the criminal justice system in Kyrgyzstan through strengthening the probation system. The collection and analysis of data on criminal justice is key to inform evidence-based sustainable policies and decision making”, said Mr. Cosimo Lamberti-Fossati, Project Manager from the Delegation of the EU in the Kyrgyz Republic. 

Highlighting the steady decline of the prison population, a positive trend, the multi-stakeholder roundtable discussion allowed participants – judiciary, government entities, technical experts, civil society organisations, and international partners – to express their views and exchange on several ongoing challenges.

The participants highlighted the positive role of the Probation service, and the need for tailored approaches when it comes to the probation clients’ social reintegration and rehabilitation. Further challenges include ensuring probation staff are well equipped to address the needs of probation clients by creating appropriate working conditions and tackling the high turnover rate of probation officers, to ensure the trainings’ sustainability, including those conducted within the project.

Participants also agreed on the need to strengthen multistakeholder synergies when implementing alternatives to detention. UNODC International Project Coordinator, Mr. George Abadjian, underlined that ‘the EU-funded JUST4ALL creates a platform to exchange on relevant topics in the criminal justice system, also going beyond the project main outcomes”. This is a significant result of the project – bringing stakeholders around a table and allowing them to exchange in an open and trustworthy environment.

Participants also pointed out to the JUST4ALL interventions supporting the Probation system, including the support to the draft State Programme on Development of Penitentiary and Probation System for 2024-2028 and the development of the risk and needs assessment tool that will be the cornerstone for tailored programs for probation clients.

JUST4ALL builds on the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), encouraging Member States to develop non-custodial measures within their legal systems to provide alternatives, thus reducing the use of imprisonment, as well as to rationalize criminal justice policies, considering human rights, the requirements of social justice and the rehabilitation needs of the offender.