Kyrgyzstan: reject the bill on “extremist” documents

(Berlin, October 2, 2024) – The government of Kyrgyzstan has proposed problematic amendments to the criminal code and other legislation that would restore criminal prosecution for the simple possession of materials considered “extremist,” Human Rights Watch said today. ‘today. The move threatens to reverse crucial progress made in 2019 when authorities decriminalized possession without intent to distribute such materials.

The bill, put out for public consultation on September 3, 2024 by the Ministry of the Interior, would amend article 332 of the penal code to include a provision punishing people who possess “extremist” material with penalties of up to three years in prison. if they have already received a written warning. Research by Human Rights Watch in 2018 found that when possession of “extremist” material was criminalized, it led to hundreds of convictions, often for possessing religious content that did not contain calls for violence.

“Criminalizing the simple possession of content vaguely defined as “extremist” opens the door to targeting dissenting voices, whether political opponents, journalists, human rights defenders or members of faiths minorities,” said Syinat Sultanalieva, Central Asia researcher at Human Rights. Watch. “This bill is intended to be a tool to silence legitimate speech and peaceful religious practice. »

Human Rights Watch has previously documented the misuse of accusations of extremism in Kyrgyzstan, particularly against nonviolent followers of minority religions and critics of the government. In 2019, the penal code was reformed to decriminalize the possession of “extremist” material, including videos, pamphlets and songs, making possession a criminal offense only if the accused person had distributed it or intended to do it. However, implementation proved problematic and many convicted persons did not receive a fair review of their cases.

The draft amendments also expand the definition of “extremist activity” to include “public calls to commit extremist activities or forcible seizure of power.” Kyrgyz law enforcement agencies have already applied the concept of extremist activity too broadly, often using provisions of the criminal code as a weapon against journalists, human rights defenders and citizens who simply to oppose or criticize government officials, legislation, policies or their implementation.

The amendments would also increase penalties for existing offenses related to extremism and calls for the seizure of power. The production or distribution of “extremist” material could be punishable by 5 to 7 years in prison, compared to the current maximum of 5 years. The bill introduces a new offense of using the Internet or media to make public calls for “extremist activities,” punishable by 3 to 5 years in prison.

Another concern is that, according to the penal code, those convicted under the proposed articles would not be eligible for early release, probation or alternative non-custodial sentences, as they fall under the category of crimes against the security of the State.

The bill also includes amendments to the civil procedure code that would allow prosecutors to quickly request a court ruling, within three to five days, declaring organizations or informational materials as “extremist” or “terrorist.” . This could lead to the rapid liquidation of civil society organizations and media.

The Kyrgyz government should withdraw these proposed amendments in Parliament and ensure that any laws aimed at combating extremism are carefully crafted and narrowly drafted to target real criminal behavior and do not threaten fundamental rights.

“Kyrgyzstan should work to strengthen protections for freedom of expression and religious freedom, without returning to failed policies that have been rightly criticized and eliminated,” Sultanalieva said. “The government must recognize that overbroad laws on extremism do more to undermine security and human rights than to protect them. »