The Ombudsman of Kyrgyzstan stood up for a convicted woman whose eligibility for amnesty was violated by employees of the State Penal Correction Service.
“The woman was sentenced by the Pervomaisky District Court of Bishkek to 7 years of imprisonment with serving a term in the female correctional colony No. 2 for committing a crime under paragraphs 4, 5, 10 of part 2 of article 104“ Intentional infliction of grievous bodily harm by a group of individuals, out of mercenary or hooligan motives, ”the Ombudsman’s office informs.
The appeal of her lawyer stated that on June 23, 2015, by the decision of the Judicial Collegium for Criminal Cases and Cases of Administrative Violations, the execution of the judgment of the Pervomaisky District Court was postponed until her child reaches the age of 14, that is, until September 23, 2019. Control over the further behavior of the convict was entrusted to the relevant unit of the criminal executive inspection of the State Penitentiary Service, whose employees, in violation of their official duties, did not initiate the procedure for applying to her the acts of amnesties announced in 2015 and 2016.
“When studying the statement of this convict, the employees of the Ombudsman’s Office of the Kyrgyz Republic found that the provisions of the amnesty act of June 24, 2015, were not applied, according to which the unserved term of punishment for women convicted of intentional crimes to imprisonment for up to 10 years (inclusive ) are to be reduced by one third. Besides, under paragraph 2 of Article 3 of the Law “On Amnesty in Connection with the 25th Anniversary of the Independence of the Kyrgyz Republic and the 100th Anniversary of the National Liberation Uprising of 1916,” her sentence was also subject to reduction by one third, “the office emphasizes.
Having considered the above facts, the Ombudsman of Kyrgyzstan, Tokon Mamytov, sent a corresponding appeal to the chairman of the State Penitentiary Service about the need to take disciplinary measures against employees who, by their actions, violated the right of a convicted woman to be released under an amnesty.
“If the courts and officers of the State Penitentiary Service are not enough to release the convicted person from serving the remaining sentence, then there is also the Law“ On Amnesty in Connection with the 75th Anniversary of Victory in the Great Patriotic War of 1941-1945 and the 10th Anniversary of the People’s April Revolution of 2010”, according to which the term is also reduced by one third. Moreover, the woman is a single mother, with two minor children and an elderly mother dependant on her, ”concluded Tokon Mamytov.
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