Kyrgyzstan: authorities don’t give passports to those released from prison

In the midst of the spread of coronavirus infection in Kyrgyzstan, authorities release prisoners without passports, violating the rights of those released and depriving them of the possibility of more or less normal socialization outside the prison system.

On the official website of the State Penitentiary Service of the Kyrgyz Republic, it is reported that “one of the priorities of social work with convicts is the restoration, execution of identity documents”. The Department reports on how it successfully returns passports, military IDs, birth certificates and driver’s licenses to their wards.

“The issue of passports to convicts in the penitentiary system plays an important role, because having passports, convicts will have the opportunity to get a job, apply for various benefits, get a marriage certificate. They also need the passport to receive a pension, etc.,” write the representatives of the State Penitentiary Service.

In reality, not all prisoners receive documents, as well as a chance to return to normal life, when they get out of prison.

A resident of Osh, Maxim Chebotarenko, was among such people. He was convicted in 2009 for committing a serious crime. He was released due to the expiration of the sentence on May 25. He was released from the colony with the only official paper on hand – the certificate of release.

The lawyer Arsen Ambaryan told ACCA that this is not Chebotarenko’s only problem.

“Now he just has nowhere to go, he lives wherever he has to. Prior to conviction, Chebotarenko lived with his elderly mother in the center of Osh. They lived in a good apartment, inherited by the man from his grandmother’s will. When the mother died, he sold this apartment. With the proceeds he purchased other housing and a car. Later, all of his movable and immovable property was confiscated by the sentence,” the lawyer explained.

According to Ambaryan, Chebotarenko is now completely confused and disoriented. He has nothing of his own, and he has no opportunity to get a job.

“For former convicts, it is difficult to find a job. And here the situation is really bad. As a result of the COVID-19 pandemic, economic activity and workplaces, even low-paid ones, are hardly found. In addition, the man was not given the documents, that also deprives him of the opportunity to try to arrange the life of a law-abiding citizen,” says Arsen Ambaryan.

He emphasizes that state bodies, that didn’t issue the passport to Maxim Chebotarenko, violated the legislation of the Kyrgyz Republic.

“According to the decree No.716 of the government dated December 27, 2019, every citizen who has served his sentence in the system of the State Penitentiary Service of the Kyrgyz Republic must be released with a passport. As long as there is no passport, a person is not a person with all the ensuing consequences. Therefore, we will try to make the passport for Maxim Chebotarenko on our own. Fortunately, there is such a legislative opportunity,” says Ambaryan.

Then, according to the lawyer, he will prepare an appeal to the Prosecutor’s office to initiate criminal proceedings against the bailiff who arrested and sold Chebotarenko’s only apartment.

“In accordance with the legislation in force at that time, it could not be seized and sold. The Criminal Executive Code clearly defines a list of property that is not subject to confiscation,” Ambaryan notes.

Arsen Ambaryan says this is a rather typical situation for Kyrgyzstan.

“It resembles a black business scheme in the judicial-executive system – a person sits for a long time, meanwhile, his property is being sold out. The court must control the execution of the sentence, but it doesn’t pay attention to this part of its work. The colony, for its part, is not involved in the issue of passports to convicts. And it’s favorable for the investigating authorities that the person doesn’t have documents, because it’s easier to convince the judge of the need for arrest,” he said.

The lawyer Arsen Ambaryan emphasizes that the old Code of Criminal Procedure, which has expired in January 2019, contained a norm according to which, before the end of the investigation, the investigator had to produce an identity document to the detainee, and the prosecutor had to check this before confirming the indictment. The court also required to confirm the identity of the defendant, and the State Penitentiary Service should not accept an arrested person who doesn’t have a passport, in fact, an unidentified person.