Guidance

Kyrgyzstan: legal and prison systems

Updated 9 October 2023

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer.  Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. You can also request a paper copy from consular staff.        

This information pack aims to give you, and your family and friends, information about the local system in Kyrgyzstan and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made. 

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas. 

British Embassy Bishkek
21 Erkindik Boulevard
Orion business centre
Office 404
Bishkek
720040
Kyrgyzstan

Tel: +996 (312) 30 36 37 (Option 1 for English, then Option 2 for Consular)

Online contact form.

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Kyrgyzstan, notification by the authorities to the consulate can take place several days after arrest and up to a week. Sometimes local police will call the Embassy directly, but sometimes the written notification will go via the Ministry of Foreign Affairs. We may be informed quicker by your friends, spouse or relatives who should be informed about the case within 3 days as per local Criminal Penal Code.

We can also:

• provide a list of local English-speaking lawyers and interpreters
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)

What we cannot do:

• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing. 

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Kyrgyzstan.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local English-speaking lawyers.

You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Kyrgyzstan

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Kyrgyzstan for the latest information on safety and security, entry requirements and travel warnings.

Usually close family members (parents, spouses, children and siblings or persons with whom the imprisoned has a joint child) are allowed to visit when you are in a pre-trial detention centre or prison.

During detention in a pre-trial detention centre visits of relatives are limited to a maximum of 2 visits per month. Each visit is allowed only with a preliminary written permit from the investigator or the public prosecutor and approval of the administration of the pre-trial detention centre. This depends of the availability of visit time slots.

The frequency of prison visits depends on the specific rules of the prison, your sentence, and your behaviour in prison.

Visitors are required to apply in person (or through your lawyer) to the prison administration in advance of the visit.

What to expect when you visit

At the pre-trial detention centres there are ‘closed’ and ‘open’ visits. Closed visits are where you and your visitor sit either side of a glass window and speak to each other on a phone. Open visits are held in the lawyers’ rooms where you and your visitor can sit on opposite sides of a table. Your appointed lawyer can organise family visits.

When visitors arrive at the detention centre, they must provide their passport and the prosecutor’s visit permit. Passports will be returned at the end of the visit. Visitors will be searched by the guards of their gender, their ID will be checked as well as proof of relationship before entering the detention centre. Visitors will need to leave mobile phones, wallets, and watches with the guards at the entrance. They will be returned at the end of the visit.

Guards will be present during visits, only lawyers, accompanied by an interpreter if required, are allowed to have private and confidential conversations with the prisoner.

Prison visits can be short term (up to 4 hours) and long term (up to 3 days). Short-term visits are held with the permission of the prison administration and in the presence of the prison guards. 

Long-term visits are held at special visitation facilities located within the prison. You will be charged a fee to use these facilities.

What you can take on your visit

Visitors can bring only clothes, books and magazines to prisoners. You should check what other items, such as food or tobacco, as every prison has its own list of permitted and prohibited items. All bags and parcels will be searched before entry and authorities have the right to withhold items they deem to be unacceptable.

Visits: consular staff

We aim to visit you every 6 months. We may be able to visit you earlier if we are concerned about your health or welfare, including mistreatment.

You will be called to the prison’s lawyers’ rooms for our Consular visit and will  have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise. Guards are normally present during the visit and consular staff may be asked to provide a broad interpretation of what is being said.

At each Consular visit, our staff will complete a visit report form. If there is any information that you would prefer not to disclose to a next of kin you should let us know during the visit.

You can write to us at any time on matters of concern at the following address, but if it is urgent it may be quicker to ask prison authorities to contact us, or ask your lawyer to pass a message to Consular staff. It is also sometimes possible to arrange an urgent phone call with the embassy depending on the prison conditions.

Our postal address:

Consular Section
21 Erkindik Boulevard,
Orion business centre
Office 404
Bishkek
720040
Kyrgyzstan

Emergency trips outside of prison

Depending on the security regime of the prison and your conviction, it might be possible to make a trip outside of prison for up to 7 days if an urgent situation arises (eg funerals, critical illness of a prisoner’s next-of-kin involving visit to an external medical facility).  This will require the consent of the prison administration, who will require documentary proof of the urgent situation.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

When you are arrested you will be taken to a police station, held in custody in a cell and questioned. Police officers must inform you why you have been arrested and explain your rights. This is often not done verbally and may be given to you on paper to confirm  that you have been informed. You should request the rights to be explained to you if this hasn’t been done with assistance of translator/interpreter if required. You should not sign anything that you do not understand.

In accordance with the Criminal Procedure Code of Kyrgyzstan, you have a right to:

• a phone call to inform your family or lawyer of your arrest
• appoint a lawyer
• have a private meeting with your lawyer before being interviewed
• not make a statement before the arrival of your lawyer

If these are not complied with you should demand to speak to a lawyer, insist on a call to the embassy or ask police to call the embassy.

Article 36 of the Vienna Convention on Consular Relations requires those foreign nationals who are arrested or detained be given notice ‘without delay’ of their right to have their embassy or consulate notified of that arrest.

When a British citizen is arrested or detained in Kyrgyzstan, the Kyrgyz authorities must inform the British Embassy immediately (within 24 hours). However, in practice the notification is done in writing and may take up to 7 days or more to reach us. It is essential therefore that you ask for the embassy to be informed as soon as possible after your arrest. We may be informed of your arrest quicker by your friends or relatives.

For reasons of confidentiality we are not permitted to tell anyone that you have been detained or what the charges are without your permission. The internet and press may make it possible for family and friends to know where you are and the reasons why you are detained. However, if you wish to inform your family, we can make contact with them through our colleagues in the FCDO in London.

We can give your family or next-of-kin advice on prison procedures, regulations, and how you are doing. We can also pass on any messages from you.

We aim to contact you as soon as possible and within 24 hours after we learn of your arrest, and visit you within 72 hours while you are in a police station. After this we aim to visit you every 6 months.

It can take a considerable amount of time for a pre-detention facility or a prison visit permit to be given. We will make sure you understand the charges against you. We will check that you have legal representation by giving you a list of English-speaking lawyers, or ensuring a state lawyer has been appointed.

If appropriate, we will consider approaching the local authorities if you are not treated in line with internationally-accepted standards.

Police officers in Kyrgyzstan rarely speak English and all documentation will be in Kyrgyz or Russian. You can ask the police officer to provide an interpreter or you may appoint an interpreter yourself.

At the end of the interview you will be required to sign a custody record (‘protocol’) to confirm you understand and agree with the contents. You should refuse to sign if you do not understand the contents and request to see a lawyer or ask for interpreter. A state appointed lawyer will be provided alternatively you can appoint a lawyer yourself.

If you are arrested at the airport you will initially spend some time in a police cell at the airport. Whilst you are there, the police will usually gather evidence and interview you in the presence of a translator. You will be taken from the airport to a remand facility at a police station.

Whether arrested at the airport or elsewhere, you will usually remain in a police cell for a day or 2 without a charge. The period of detention could vary if you are suspected of committing a serious offence.

While remanded in custody you will be searched, you may be required to undergo medical examination and be tested for alcohol and drugs. You will have access to food and water, and a bed. You can request to see a doctor if you require medical assistance. Prisons should have washing facilities, but it may not be possible to have a daily shower.

When on remand you may share a cell with several people. You may have access to some of your belongings, but this depends on whether the police consider them as evidence. If considered as evidence you will not be allowed to keep your possessions, they are usually retained at the police or court during the investigation and trial, and later kept by the prison authorities in your file. Other belongings will be returned to your family or stored at the detention centre. It is unfortunately not unusual for some things to go missing immediately after arrest or during prison transfers.

The British Embassy cannot store your personal belongings on your behalf.

Within 48 hours you will appear before a judge who will decide to either release you, release you on bail or keep you in detention for the duration of the investigation. Initial arrest is normally sanctioned for two months, but can be extended further if there are substantive reasons to continue investigation.

On arrival at the pre-trial detention centre medical checks will be carried out by the health department in order to assess if you need any treatment for ongoing medical conditions (for example, blood pressure, diabetes, HIV). You are allowed to receive parcels and your family or friends can send you clothes, bedding, stationery and ready-to-eat food.

You should be allowed to have religious books and practice your religion in your cell. You have a right to a minimum 15 minutes shower once a week. If you have missed your shower for any reason, you should request to have it on another day.

You are entitled to daily exercise for up to one hour, but the schedule and duration is determined by the administration of the detention centre.

When police finalise their investigation you and your lawyer should be allowed to familiarise yourselves with all the case materials, translated into English by the translator appointed by you if required. After that, the investigator will submit the case to the public prosecutor for approval of the charging paper – this can take up to 10 days.

The prosecutor may order a trial by approving the charges, return the file to investigator for further investigation or close the case if there is no substantial evidence for trial. The prosecutor must provide you with the charging paper with an English translation if required.  The case will then be submitted to the court.

Appearing at court

The format of the hearing is defined by the judge or based on the request of the participants.

All criminal cases are conducted in open court. However, the publicity of the criminal court proceedings may be restricted when it contradicts the interests of the state or other legally protected interests such as crimes against children, sexual offences, etc. You may request  a closed hearing. This will be considered on a case-by-case basis by the judge.

In an open hearing journalists may take photographs/videos in the courtroom. Case materials should not be made public, however p the prosecutor’s office or court press service may reply to questions from the media will provide some general information about the case.

You have to attend the hearing, and if you refuse to participate the court hearing will be conducted without your presence. 

When you arrive at the prison

If you are sentenced to imprisonment you will be moved to a prison. The category of security regime will depend on your conviction. There is normally a short delay of 3 days before you are  moved to the prison. During this time you will be allowed to meet your lawyer and family.

If you rely on medication that you have brought with you (for example, insulin) you should notify the prison doctor. You may receive necessary medication from your family while in prison but parcels with medication will be directly delivered to the prison medical facility which distribute them to you according to a doctor’s prescription. 

Passport and other personal possessions, that you are not allowed to have in your cell, will be stored by the prison and will be returned when you are released.

You will be allowed to keep and use your own clothing if it complies with prison rules.

Prison: conditions and daily life

Conditions in prisons vary depending on the security regime, location and climate. Prisons are located throughout but the majority are in or around Bishkek.

Violence and ranking systems between prisoners is common. There have also been reports of violence from the guards and extortion of bribes.

Accommodation

Prison cells are shared and overcrowding is a common problem. The number of inmates to a cell depends on the size of the cell and prison population. As a standard no less than 2 and half square metres should be allocated to a male prisoner, 3 square metres to females, 3 and half square metres to juveniles.

Prisons may have cells for up to 10 inmates or barracks, similar to military camps, with 50 to 80 inmates in each group. Cells have a toilet and washbasin with running water for daily washing. Barracks have a large bedroom with bunk beds, a kitchen where food supplies can be stored, toilets and washing facilities. Mattresses, blankets and bedding will be provided by the prison.

Each prison has its own internal regime which normally allows at least eight hours of uninterrupted sleep. Prisoners wake up at 6am, have breakfast, then work or study until 6pm. After dinner there is a free time until bedtime at 10pm.

Any activity between 10pm and 6am is considered a violation of prison regime. On weekends and depending on the internal rules of the prison prisoners may be allowed to rise 1 hour later.

Most of the cells have a window with bars but allow in natural light. Standards require that temperatures must be appropriate for the season, it should be not lower than 18 degrees centigrade in winter and should be maintained with fresh air ventilation.

Other services that are available to prisoners on a payment basis: shoe and clothes repair and tailor’s services, clothes cleaning, photo and video recording, hairdressers, photocopying services, notarial and translation services, additional paid medical services. To use these services you need to submit a request in writing to the prison administration.

Food and diet

Depending on the security regime meals will be brought to your cell or you will be escorted in groups to a shared dining room.

Prisoners are entitled to 3 meals a day. Prison food is free but very basic. You will need funds to pay to supplement your diet with tea, coffee, sugar, fruits, sweets, which can be bought from the prison shop or sent to you by family or friends.

Hygiene

Toilets and showers are mostly shared. Hot water is supplied. You will be allowed to wash in a bath/shower once a week for about 15 to 30 minutes and to change your bed linen.

Razors are kept by the prison. You will need to request use of them.

Laundry facilities are available but rudimentary. You are responsible for the cleaning of your cell.

You should be provided with a set of clothes, underwear and footwear appropriate for the season.

Work and study

Opportunities to work and study in detention are limited.

Contact and languages

Contact with other prisoners is permitted within the cell or group if living in barracks. Other contacts are restricted. Prisoners are allocated cells in accordance with the gravity of the crimes and their general psychological profile. If an English-speaking inmate corresponds to these criteria it is likely that they would be put in the same cell to help you communicate with the guards and management. Prison staff rarely speak English.

You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

You can have daily walks for up to one hour, but in practice this is often limited to 15 to 20 minutes. Depending on the security regime of the prison, inmates can be allowed outdoors or to a small inner yard often located on the roof of the prison. Some prisons may have exercise facilities but very rudimentary. Group morning exercises may be organised.

Climate

The climate is very different to that of the UK. Summer can be hot and dry with temperatures between 30 and 45 degrees centigrade. Winters are extremely cold with temperatures between minus 20 and minus 25 degrees.

Kyrgyzstan mainly uses central heating to heat buildings. In summer it may be hot in cells as there is no air conditioning.

The clothing provided is very basic but should be appropriate for the weather conditions. You will be provided with a coat, hat and boots for winter.

Your family can also send you clothes, however it is better to check in advance what is allowed in that particular prison and in which colours.

Religion

You have a right to practise any religion. You are allowed to perform religious rites, as well as to use religious objects and literature in the prison or detention centre. Individual performance of religious rites is allowed in your cell near your bed. The performance of religious rites is voluntary and should not conflict with the internal rules of the detention facility, or infringe the rights of other prisoners.

Religious books must be approved by the religious experts to ensure they do not contain illegal or extremist materials. The prisons are not staffed by religious ministers.

Rules and regulations including drugs

Prison rules and regulations must be explained to prisoners during the ‘quarantine’ period shortly after arrival in prison. This, however, is not always done or is delivered in the local language. If you do not understand the internal rules, it is important that you request an English translation of what is authorised and prohibited, as well as the daily routine and schedule. The internal rules and schedule should also be visible in cells and other places.

All arriving prisoners are seen by the prison doctor. Any prisoners that have a drug addiction are monitored by the psychologist to ensure they are able to recover.

If you are caught with any kind of illegal drugs (for example, marijuana, cocaine) you will be punished and prosecuted.

Cigarettes are allowed only in specified areas inside the prison. Cigarettes are often used as an unofficial internal currency.

The tuberculosis rate in prisons is 40 times higher than is reported among the wider population. There is no statistics available on other infectious diseases such as HIV and Hepatitis.

Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends
• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every 3 months for essentials (enough for one hot meal a day)

Cash is not allowed in some prisons in Kyrgyzstan. The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. You cannot have cash sent to you in the post.

The FCDO operates a ‘prison comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this. We cannot receive payment by credit or debit card, or by cash.

In Kyrgyz prisons you pay for everything other than the basics. However, we strongly advise prisoners not to make it evident if they have access to regular funds (advise your family not to send or deliver expensive gifts or large parcels). Foreign prisoners may be presumed rich and targeted by other inmates.

Any bank commissions for money transfers will be charged from your funds. Inmates of prisons of minimal security regime, as well as certain categories of prisoners (for example, pregnant women) can receive money transfers and purchase necessities without any limits. In prisons of a higher security regime you there are monthly limits on funds and it may be as low as the equivalent of £18.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources. You might be eligible for one of the 3 Prisoners Abroad Funds – the Craig Feehan Fund, the Vitamin Fund and/or the Medical Fund.

Medical and dental treatment

While you are detained, Kyrgyzstan is responsible for your basic medical needs. Medical facilities in Kyrgyzstan are not as developed as those in the UK.

In the prisons, there is a health service under the authority of a medical practitioner. This service has an infirmary for basic medical treatment and a dental treatment unit. Medical examinations, vaccinations and urgent dental care of the prisoners as well as assessment of newly arrived prisoners in the detention facility are carried out by this service.

If you need medical or dental treatment you should ask for an appointment to see the prison doctor or dentist. Basic medical attention is free of charge. It is unlikely that you will be treated by an English-speaking doctor.

It can be difficult to get an appointment, especially with the language barrier, but if the situation is urgent you should contact your prison guard, who may be able to get you an appointment more quickly than through the normal channels.

In rare circumstances, with the permission of the prison administration, you may access external medical facilities to get medical consultation and treatment. You will have to pay for the treatment.

If you need eye glasses, you should ask the prison medical staff to help with the assessment. You can have them sent to you by your family.

If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful to have your medical records, or at least a report, sent from your doctor in the UK. Your UK doctor can send the report to the UK embassy, addressed to you.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of prison doctor. We can also contact your GP in the UK, if the police or prison doctor request your medical records.

Letters and parcels

Friends and family can bring or post mail to you. There is no limit on correspondence that you can send or receive in prison. In practice some pre-trial detention facilities will only allow post to be delivered by a lawyer.

The prison authorities are obliged to deliver letters with the minimum delay and within 3 days, but in some prisons it can take longer. All letters are opened and checked by prison staff before they are given to prisoners or sent to the recipient.

If you are told you are not permitted to receive letters in English, you should notify a Consular officer and we will contact the prison director. The official postal service to Kyrgyzstan can take months to arrive.

All letters sent by family to the embassy are opened before they are given to prisoners to check for prohibited items. Consular officers will not read the contents.

You can receive parcels from your family. The amount of parcels, presents or remittances you can receive depends on the type of detention facility that you are in.

Parcels must have the full name and contact details of the sender, and full name and individual number of the prisoner, otherwise it will be refused. If the parcel contains any prohibited items, they will be confiscated. The sender should enclose a list of items to ensure the parcel is delivered in full. You will be required to sign a receipt form.

Parcels should be delivered directly to the prison. Parcels sent to the UK embassy will not be forwarded to you.

You are allowed to receive literature and stationery by post. You can keep books and magazines in your cell.

The Sentence Execution Code states that you cannot obtain, or keep publications propagandising war, violence and brutality, or rousing national and religious hatred, as well as publications of a pornographic character, or to subscribe and disseminate them.

Medications may be allowed if prescribed and should be forwarded to the medical centre within the prison for you to use.

Items that are not allowed will be retained by the prison. You should check the internal rules of your prison.

Telephone calls

Depending on the charges and type of prison facility, there are permitted amount of telephone calls per month. All calls will be monitored by the prison staff, except for the calls with your lawyer.

Prisoners are not allowed access to mobile phones. If you are caught with a mobile phone or trying to use a mobile phone inside the prison you will be punished according to the prison’s regulations.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider.

With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

According to the Constitution of Kyrgyzstan, any citizen has the right to a safe life. In case of a threat to your life or health, or an attempt on your life, or in the event of a crime against you, you can inform the officers of your detention facility in writing or verbally. They are required to ensure your safety and move you to a safe place if required. You may request the guards to speak to the prison director or their deputy.

Incidences of harassment, threats or violence do occur, and if you do experience such treatment, you should report this to your Consular representative as soon as possible. It is our responsibility to take up allegations of mistreatment against a British national. We will only raise concerns with the prison administration if you request that we do so.

Chapter 3: The Kyrgyzstani judicial system

Overview

The Kyrgyzstani judicial system is not the same as the UK, although there are many similarities. For example, accused persons are presumed innocent until proven guilty: they have a right to legal representation, interpreter, fair trial and appeal. However, there are fundamental differences. For example, unlike the UK, which is a common law country, Kyrgyzstan has a civil law system (Romano-Germanic) and legal precedents are not the primary source of law. The legal system has a unified hierarchy of written legal acts (Constitution, codes, laws, other legislative acts and international treaties ratified by Kyrgyzstan).

Kyrgyzstan’s judicial system consists of local courts (district), city and oblast courts, and the Supreme Court of the Kyrgyz Republic. The local courts can be specialised on particular cases such as criminal, administrative, military, and economic courts.

The majority of cases are examined in the first instance by lower-level district city courts.

Depending on the complexity of the case, it can take 3 to 6 months until the case reaches the trial stage. The trial itself can also be a lengthy process. Prisoners can remain in pre-trial detention centres without sentence for over one year.

If the defendant refuses to participate in a court hearing, it will be conducted in the defendant’s absence. Participation is mandatory when a defendant is accused of a particularly serious crime.

The defendant is not required to prove their innocence and is not expected to enter a plea.

Under the Criminal Code crimes are classified depending on the level of seriousness and social danger:

• minor crimes: are deliberate offences, or offences committed by negligence which does not entail an imprisonment
• crimes of medium gravity: are deliberate offences for which imprisonment not exceeding 5 years is provided and negligent offences for which more than 10 years of imprisonment is provided
• serious crimes: are deliberate offences for which the Criminal Code provides imprisonment from 5 to 10 years
• particularly grave crimes: are deliberate offences for which more than 10 years of imprisonment is provided, life sentence

The following factors may be considered as mitigating circumstances by the court: pregnancy, childcare responsibilities, voluntary and full compensation for the damage, sincere remorse, acknowledgement of guilt and active contribution to the investigation.

The following may be recognised by the court as aggravating circumstances: reoffending, participation in a gang , crimes against children, pregnant women and persons with disabilities, crimes with particular cruelty or being in a state of alcoholic or drug intoxication.

The rights of prisoners are guaranteed throughout the legal process under the Constitution, Offences/Criminal Codes, Administrative/Criminal Procedure, Criminal Penal Codes and other legislative acts and international treaties ratified by Kyrgyzstan.

Judicial processes are not always correctly followed. You should never sign anything you cannot read or understand. If you are put under pressure to sign, ask to speak to the British Embassy or your lawyer.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

First steps

What should happen after you are arrested

An arresting officer will verbally communicate to a detainee the fact that they are detained, explain why they are detained, the right to call a defence counsel, the right to remain silent and that anything the detainee says may be used against them in court.

The first interview of the detainee has to be conducted within 24 hours from the time a custody record is created. The detainee must be allowed a confidential meeting with their lawyer (hired or appointed by state) before the first interview. The detainee has a right to immediately notify by phone their family or employer about their arrest.

If the detained person does not speak Kyrgyz and/or Russian languages or is not able to adequately understand an explanation of their rights at the moment of detention due to alcohol, drug, intoxication, or painful psychosomatic condition, the rights of the suspect shall be explained in the presence of an interpreter (if necessary) and/or the defence counsel before being interrogated as a suspect. This must be specified in the record of interview.

If you wish the British Embassy/Consulate to be informed of your arrest, you should inform the authorities at this point.

The police should notify your relatives of your arrest within 12 hours. If the detainee is, a foreign citizen police shall write a notification letter and send it to the Ministry of Foreign Affairs of the Republic of Kyrgyzstan. The Ministry of Foreign Affairs shall notify the embassy immediately, or within 24 hours if immediate notification is not possible at the time of detention.

A detainee has the right to testify in their native language or in the language they speak and to use the assistance of an interpreter. The costs associated with the interpreter are borne by the state. An interpreter will be appointed from the Centre of Free Legal Support and will be confirmed by a Court resolution.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See a list of local English-speaking lawyers.

How long you can be remanded in custody

During initial arrest a police officer should create a custody record. They cannot hold you for more than 3 hours unless you are suspected of having committed a criminal offence for which imprisonment is the punishment. In this case, you may be detained in a temporary detention facility of the police department for a period not exceeding 48 hours. Within 48 hours you must appear before the court,which shall determine whether or not you were lawfully detained.

The period of detention in the course of pre-trial proceedings is 2 months. However, the law provides for the term of detention to be extended in certain circumstances by court order and may, as a maximum, last for 12 months. A further extension of detention before trial is not permitted.

Detainees remain in pre-trial detention facility throughout the investigation and trial process. If you are  found guilty and sentenced, you will be transferred to a prison after the sentence comes into legal force.

An appeal regarding the judge’s order on detention or extending the detention period may be filed with the higher court within 5 days from the date of the order.

Prisoners on remand and sentenced prisoners: differences

Basic rights are the same for prisoners on remand (a suspect or accused being detained in pre-trial detention facility while investigation or court hearings are taking place) and prisoners, but depend on the conviction and security regime of a prison.

After you are convicted

If convicted and sentenced to prison the judge’s verdict provides the type of penal institution where you will serve your sentence and a special penitentiary commission decides which (location) penal facility you will be sent to.

Prisoners serve their sentences in the following types of facilities:

• penal settlements (колония-поселение)
• correctional colony (исправительные колонии)
• correctional-educational camps (воспитательные колонии)
• prisons (тюрьма)

Each facility is also subdivided into standard, special and\or strict regime.

If you believe the charges are incorrect, and you have been unlawfully detained, and\or determined as a suspect, a relevant decision of the investigator and/or prosecutor may be challenged in court or by  the prosecutor’s office. A decision of the court may be appealed in a higher court.

A verdict of the court of the first instance may be appealed at the appellate court and further at the Supreme Court.

You may enter into a plea agreement recognising guilt at the investigation stage with the investigator but with the approval of the prosecutor, as well as at the trial stage (when court hearings are ongoing) with the prosecutor but with the approval of the court. It should be noted that plea agreements are not permitted for crimes which fall under serious\grave crimes category.  

Bail

The legislation contains a provision for bail as one of the ‘preventive measures’. Bail may be financial. Bail can be imposed by the court while determining the preventive measures. The amount of bail is determined by the court based on the amount of damage, the severity of the crime and the identity of the accused.

If you fail to adhere to bail conditions (escape from the investigation or the court or commit acts aimed at prevention of determination of the truth on the criminal case) the preventive measure may be changed to detention and any deposited funds will be transferred to the state.

There is a list of crimes which prohibit granting of bail, for example, intentional crimes that resulted in death of the victim, or if a detainee is accused of other particularly grave crimes, such as extremism, terrorism, or crimes committed in an emergency situation.

The bail payment will shall be returned if the criminal case has been terminated at the pre-trial stage, or bail has been changed into detention (provided that such change did not result from violation of the bail terms by the suspect). At the trial stage the decision about the bail amount and whether or not it shall be returned/ transferred to the state is made by the judge.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see for a list of English-speaking lawyers. Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

You can hire a lawyer for yourself at any time after your arrest. Normally, if you hire a private lawyer they will ask for a cash advance for their estimated legal fees before they will take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them. Consular staff cannot give legal advice.

According to the Kyrgyz Criminal Procedure Law a foreign national has a right to a guaranteed legal aid in cases provided by law.

According to the Law on Guaranteed Legal Aid, the legal aid is available to people, including foreigners if their annual income does not exceed 60 times the minimum index rate set by the government.

However, this income threshold does not apply if amongst other things a foreign national:

• is detained
• has  the status of a suspect, convicted or defendant charged with particularly grave crimes (особо тяжкие преступления , felonies which provide for imprisonment for a term exceeding 10 years or life imprisonment (for example murder, rape or other sexual crimes, committed with the use of violence)
• if he/she suffers mental disease

Based on our understanding of the criminal proceedings, at the moment of detention a foreign national the investigator should inform you that you have a right to the state-guaranteed legal aid and conduct the interrogation in their presence if the detainee does not have access to a private licensed attorney.

If you do not have access to a private licensed attorney a state advocate will be appointed from the Center of Coordination of state-guaranteed legal aid (the “Center”) at the request of the Court.  

If a foreign national is charged with particularly grave crimes they can directly contact the Centre of Coordination of state-guaranteed legal aid for assistance.

As in any country, some lawyers are better than others and paying a large fee does not guarantee that you will get a good lawyer. If you decide to pay for a lawyer, it may be possible to agree a flat fee for the whole case before they begin work so that you do not find yourself facing ‘extra expenses’.

Meetings with the lawyers are not included in the visit limits established by law and can be held face-to-face at your or at your lawyer’s request. Such meetings are allowed with the prisoner within the framework of the rules of the detention facility at any time, except for the resting and working hours.

While the costs for a state appointed lawyer and translator have to be paid by the state, you may still be obliged to pay for the trial costs. Trial procedural costs accumulate from sums paid to witnesses, victims and their representatives, experts and others if they lost their usual pay due to participating in investigation or trial, money spent for transportation of evidence materials and various expertise or search operations.

The court decides whether trial costs are to be paid for by the defendant or the state and in what amount. If the case is terminated or the defendant is acquitted by the court, the costs are normally paid by the state or in some cases the court can make the claimant partially responsible for the costs. Depending on the financial situation and family circumstances, the court may exempt the defendant from paying the costs.

Trial

The trial process usually goes through the following stages:

• preliminary hearing
• opening of the main trial
• verification of the attendance of parties
• informing the parties about their rights and obligations
• prosecutor’s opening speech
• examination of evidence
• interrogation of the defendant
• interrogation of the victim
• interrogation of the witnesses
• interrogation of the experts
• end of examination of evidence
• pleadings
• the last word of the defendant
• sentencing

Criminal cases are examined by a single judge or panel of judges (collegial review).  Hearings before jurors are provided for by the law however its application has been postponed until 2025.

During the trial process, a court investigation is carried out, at which the court hears the views of all participants in the process (prosecution, defence, person on trial, person affected, witnesses), examines expert evidence, material evidence, pronounces records and other documents.

After that, the court passes to judicial pleadings. These are speeches by the prosecuting attorney, the person affected (the victim), the person on trial and the defence attorney. The court then calls for the last plea of the person on trial.

At the close, the judge(s) leave for deliberation after which a sentence is signed and announced. The court explains to the convicted (or acquitted) person and other participants in the trial the procedure and timing for appeal against the sentence and also other rights.

It must be explained to the acquitted person that he/she has the right to recovery for harm caused by illegal detention, holding him/her as accused person, application of a measure of restraint, illegal bringing to trial, and also it must be explained the procedure for exercising such right. If a person on trial is sentenced to the death penalty, the chairperson must explain to him/her that he/she has the right to intercede for mercy.

The length of court trials differ, depending on a number of factors including:

• volume of case materials
• crime(s) committed
• number of trial participants
• availability of third parties participating in the court hearings.

According to the Criminal Procedural Court, the courts of first instance should complete the hearings within 1 to 3 months depending on the category of the committed crime. However, this period can be extended for 2 months if the court decides that it is not possible to complete the trial within the timelines established by law.

Court trials in the Kyrgyz Republic are conducted in person. In certain cases, the judge may decide to conduct online hearings including interrogation of witnesses, if due to health, security or other reasons in person participation of the parties, including the accused is not possible.

The court verdict is announced by the judges in Russian or Kyrgyz languages and simultaneous translation shall be provided if necessary. The full text of the verdict in writing is issued by the judges within 3 days of its announcement.

No later than 5 days after the announcement of a sentence, a copy must be served to a convicted or acquitted person, the defence attorney and the prosecuting attorney. Within the same deadline, a copy of the sentence must be served to the person affected, civil claimant, civil defendant and their attorneys, if a request was received by the court.

The court should also explain the trial procedure and timing for appeal against the sentence. If you are acquitted the judge must explain your right to apply for compensation for illegal detention.

Sentences

Sentences can be accusatory (when the defendant is found guilty) or absolutory (when the defendant is found innocent). The sentence is pronounced on the final court hearing by the judge in the language of the trial (Russian or Kyrgyz) but should be simultaneously translated to the language that defendant speaks. The sentence consists of introduction, descriptive-motivation and operative parts.

People who are found guilty may be subject to the following types of punishment:

• public works
• restriction of freedom
• deprivation of the right to hold certain positions or engage in certain activities
• correctional work
• fine
• detention in a disciplinary military unit
• deprivation of liberty for a certain period
• life imprisonment

Additional types of penalties include:

• deprivation of a special, military, honorary title, diplomatic rank or class rank
• deprivation of state awards
• confiscation of property
• deportation

The sentence ordering imprisonment should have an explanation of when the count starts, normally it’s the day of initial arrest. Time spent under arrest until the sentence comes into legal force counts as 1 day for 1 day in prison of maximum security, 1.5 days in prison of regular security, and 2 days in prison of minimal security.

In most cases, after release from prison British nationals will be automatically deported to the UK as country of citizenship, even if this was not their place of residence before imprisonment.

Appeals

You or your lawyers, on your behalf, have a right to appeal the actions/inactions, decisions of the investigation authorities as well as court actions/inactions, decisions including the verdict.

Each action/inaction or a decision must be appealed within the established time limits. You or your lawyer need to ensure that the appeal is filed on time and in the correct manner.

Complaints against decisions, actions (inaction) of the investigators, prosecutor may be filed within 10 days from the date of familiarisation with the results of these actions or receipt of a copy of the decision.  

The operative part of the verdict must contain explanations on the procedure and terms for appealing the verdict.

Appeals of the verdict of the court of first instance must be filed within 30 days from the date of the verdict. Appeals are reviewed by a panel consisting of 3 judges within 3 months with a possibility of extension for a month. The court of appeal decision enters into effect immediately.

Decisions of the court of appeal may be further appealed at the ‘cassation’ (appeal to the higher court) proceeding of the Supreme Court. The decision of the Supreme Court is considered final and not subject to further appeal. 

Although there are timelines established by the criminal procedure legislation for accepting and considering appeals in practice due to heavy workload of the judges, prosecutors and other parties involved in the criminal case the appeal process is slow and can lead to delays in finalising the sentence. Prisoners have a right to withdraw their appeals if they wish.

Reaching the end of your sentence

Reduction of sentence (remission)

The court may consider a petition from you or the prison administration on reduction of sentence, its termination or replacement with a milder punishment, due to a severe health condition (physical or mental) which does not allow you to serve the sentence in prison. Compulsory medical treatment may be imposed as an alternative.

In some cases pregnant women, single mothers or fathers caring for minor children, elderly men and women, who have committed a crime for the first time and when it doesn’t involve harm to health or life of another person, can come to an agreement with the victim and be released from serving a sentence.

A prisoner can be released through an act of amnesty by Parliament or President’s pardon.

You should get legal advice from your lawyer.

Early release

In Kyrgyzstan, the law makes a provision for the early release of prisoners serving a sentence. To benefit from this provision it is important that your conduct whilst in prison is good.

Releasing on parole, the court shall have the right to impose certain obligations upon the convict: not to change the place of permanent residence, to abstain from visiting certain places, as well as other obligations that are to facilitate his/her correction.

You should get legal advice from your lawyer.

Clemency or pardon

In Kyrgyzstan, pardon/clemency can only be given by the President and on the basis of a petition from a prisoner.

If pardoned, a life sentence may be replaced by 20 years’ prison time. Prison time can be reduced, except in cases where the court imposed a sentence with probationary supervision or suspended sentence.

The convicted person has the right to apply for pardon from the moment the sentence comes into force.

Financial penalties

Financial penalties form part of the sentence given and may include a fine or confiscation of property.

A fine is a punishment imposed by a court in the form of money. The amount of the fine is determined by the court depending on the nature and severity of the crime, taking into account the property status of the convicted from 200 to 25,000 monthly calculation index (about from 18 to 23000 pounds). If a convicted person fails to voluntarily pay a fine within 3 months, the court has the right to replace the fine with imprisonment.

The court may also impose with a guilty verdict a confiscation of property. Confiscation is a gratuitous seizure with subsequent transfer to the victor and or state, ownership the following property:

• money, valuables and other property obtained as a result of committing a crime and income received from such property
• money, valuables and other property used or intended to finance the commission of a crime
• tools, equipment or other means of committing a crime

In the absence of sufficient money, valuables and other property specified above, may be confiscated.

When considering the confiscation of property, the compensation for damage caused to the victim is resolved by the court.

Transfer to another prison within Kyrgyzstan

While the Court must specify the type of prison with certain security regime, the decision of which prison (location) you will be sent is taken by the special penal commission. However, the law provides, depending on the committed crime, for the opportunity to apply for transfer to a certain region of Kyrgyzstan due to family connections to maintain socially important contacts.

A request for this can be submitted either by you or your relatives. The main criteria for eligibility are:

• good behaviour
• proof of relationship, for example, marriage certificate
• capacity of another prison to accept additional prisoner
• evidence of the social connections, for example, correspondence, meetings, frequent telephone calls, transfer of parcels
• your relatives must be registered at that address for the last 6 months

Transfer to a prison in the UK

There is no Prison Transfer Agreement signed between Kyrgyzstan and the United Kingdom.

Release and deportation

You can be released after you have served your sentence, annulation of sentence by the court, clemency or amnesty, severe disease or other grounds. It is common practice for foreigners who have committed offences to be deported after they have completed their sentence.

You must leave the country after your release.

If you do not have a valid travel document, the embassy can issue a travel document. You will have to pay a fee for the travel document, as well as for the flight. If you do not have sufficient funds for the required documents, Consular representatives can contact your family/friends in the UK to ask for a money transfer.

Unless there are legal grounds for stay in the Kyrgyz Republic, foreign nationals are deported after serving their sentence.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help in the UK are:

The Salvation Army

UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to  your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

After you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays to Fridays 9:30am to 4:30pm (UK time)

89 to 93 Fonthill Road
London N4 3JH
UK

Glossary of terms

Useful legal terms

English	Russian
Criminal Code	Уголовный кодекс Ugolovny Kodeks
Criminal Procedures Code	Уголовно-процессуальный кодекс Ugolovno-protsessualny Kodeks
Detention	Задержание Zaderzhaniye
Detainee	Задержанный Zaderzhanny
Search	Обыск Obysk
Arrest	Арест Arest
Arrestee	Арестованный Arestovanny
Suspect	Подозреваемый Podozrevayemy
Accused person, defendant	Обвиняемый Obvinyayemy
Transcript	Протокол Protocol
Case	Дело Delo
Criminal case	Уголовное дело Ugolovnoye delo
Administrative case	Административное дело Administrativnoye delo
Fine, penalty	Штраф Shtraf
Police	Милиция Militsiya
Customs	Таможня Tamozhnya
Prosecutor	Прокурор Procuror
Custodian of legal records	Секретарь суда Secretar suda
Attorney, lawyer	Защитник, адвокат Zashchitnik, advokat
Witness	Свидетель Svidetel’
Translator, interpreter	Переводчик Perevodchik
Defendant	Ответчик Otvetchik
Plaintiff	Истец Istets
Accused, defendant	Подсудимый podsudimyy
Victim, the aggrieved party	Потерпевший Poterpevshiy
Judge	Судья Sud’ya
Court chairman	Председатель Суда Predsedatel’ suda
Court, trial	Суд Sud
Trial session	Судебное заседание Sudebnoye zasedaniye
Investigator	Следователь Sledovatel’
Investigation	Расследование, следствие Rasledovaniye, sledstviye
Court’s decision	Приговор суда Prigovor suda
Convict	Осужденный Osuzhdenyi
Prison	Тюрьма Tyurma
Pre-trial detention facility	Следственный изолятор (СИЗО) Sledstvenyi izolyator (SIZO)
Temporary remand facility	Изолятор временного содержания (ИВС) Izolyator vremenogo soderzhaniya (IVS)
Facility Institution	Учреждение Uchrezhdeniye
Release on parole	Условно-досрочное освобождение (УДО) Usslovno-dosrochnoye osvobozhdeniye (UDO)

Key phrases – English into Russian

English	Russian
Hello	Здравствуйте Zdrastvooitye
Good bye	До свидания Do svidaniya
Yes	Да Da
No	Нет Nyet
Thank you	Спасибо Spasibo
1. Please 2. You’re welcome	Пожалуйста Pozhalooista
1. Excuse me 2. Sorry	Извините Izvinitye
May I…?	Можно …? Mozhno…?
Food	Еда Eda
Water	Вода Voda
I need help	Мне нужна помощь Mne nuzhna pomosh
I need to speak with …	Мне нужно поговорить с … Mne nuzhno pogovorit’ s …

Annex A

FCDO guidance: Support for British nationals abroad

https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide

FCDO guidance: Arrested abroad: advice for British nationals

https://www.gov.uk/government/publications/arrest-or-detention/arrested-abroad-advice-for-british-nationals

List of English-Speaking Lawyers

https://find-a-professional-service-abroad.service.csd.fcdo.gov.uk/find/lawyers?country=Kyrgyzstan

List of Private Translators/Interpreters

https://www.gov.uk/government/publications/kyrgyzstan-list-of-lawyers-translators/list-of-translators-and-interpreters-in-kyrgyzstan

FCDO Travel Advice for Kyrgyzstan

https://www.gov.uk/foreign-travel-advice/kyrgyzstan/health

Contact British Embassy Bishkek

https://www.contact-embassy.service.gov.uk/?country=Kyrgyzstan&post=British%20Embassy%20Bishkek

Prisoners Abroad Forms

https://www.prisonersabroad.org.uk/arrest-and-imprisonment