Guidance

Kyrgyzstan: information for victims of rape and sexual assault

Updated 28 September 2023

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention
• report to local police
• engage with foreign legal authorities following a rape or other form of sexual assault overseas.

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can: * contact the Consular Assistance team on +44 20 7008 5000 * contact your tour operator if you are travelling with one * contact the British Embassy Bishkek. Embassy staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

• contact the international emergency number on 151 (private ambulance), 103 (public ambulance) or 102 (police). 111 is a helpline aimed at underage victims of sexual violence, 112 be used by adults and has trained psychologists available who can offer support in Russian or Kyrgyz. You should be aware that the psychologists have to report the incident to the local police
• contact your tour operator if you are travelling with one
• contact your nearest British embassy, high commission or consulate. In Kyrgyzstan this will be the British Embassy Bishkek. Our telephone number is +996 (312) 303637. Embassy staff will be polite, patient, sensitive and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish

If you want to report the incident to the police in Kyrgyzstan

You do not have to report the rape or sexual assault to the police, however if you would like it to be investigated, you will need to report it to the nearest police station by calling 102. The duty police officer must accept reports of crime 24/7 regardless of where the crime took place and when.

You must be issued a document on the registration of the accepted statement or report of a crime indicating the person who accepted the statement or message, the time and number of its registration

Anonymous reports over the phone will not be registered and cannot be used to initiate a criminal investigation.

There’s a legal requirement for ambulance and hospital workers to notify the police in rape or sexual assault cases. Unless there are signs of rape and/or sexual assault with aggravated circumstances (for example, committed by a group of persons, with extreme cruelty, against underaged person etc) you will be able to decide on whether you want to officially report the crime or not.

Rape, as well as sexual assault without aggravating circumstances, is subject to private-public prosecution, and in order to be investigated, the victim must report a crime (file a formal application). Whereas rape and/or sexual assault with aggravating circumstances is subject to public prosecution and investigation/prosecution can take place with or without the victim reporting the crime.

Reporting crimes to the police in Kyrgyzstan can be a complex and time-consuming process, you should be prepared to spend several hours in the police station. Local officers may not have specific training in supporting victims of sexual assault. Some police officers may be judgemental.

You may find the process of reporting the assault difficult at times, and quite different from what you would expect of UK police procedures.

Rape and sexual assault are both criminal offences in Kyrgyzstan, but conviction rates remain low, and judicial proceedings are likely to be protracted. Victims may be asked to testify in front of third parties.

Extramarital sex or homosexuality is not a crime, but may be perceived negatively. A victim can be criticised if drugs or alcohol were involved.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

Tell the police if you think you have been drugged.

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British embassy or consulate, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the British Embassy in Bishkek on +996 312 30 36 37 and they can offer you consular support.

Consular staff can accompany you to the police station should you so wish and where possible. However, we cannot provide interpretation and might not be allowed to stay with you during a police interview.

You can request to be interviewed by a police officer of a particular gender although there is no guarantee one will be available. It is very rare that local police officers speak English.

An interpreter can be provided by the local police but this may take long time to arrange and there is no guarantee of the quality of translation. In order to save time, you may consider having your own interpreter with you when you visit the police station.

The British Embassy can provide you with a list of local interpreters.

Once an initial verbal report is made to the police, you will be required to give a full statement. Not all police stations will have private rooms for taking a statement. Generally, interviews will take place in the office of the duty investigators and there are likely to be several people working in one office.

You will be told to sign your statement, so make sure you understand what you are signing. There have been cases when victims complained that police put pressure on them, so you may want to consider having a lawyer or someone else accompany you.

Insist you get a copy of a police report, and request a translation in English, this however may not be available. Get the copy of your written statement describing the incident signed by the police officer once you submit the original, and retain the copy.

The police officer will register the crime report and should issue you a paper slip with the reference number of the case. Ask the police officer to write down the phone number of the relevant department that will be dealing with your case so you can contact them later for updates.

The case will be cascaded to other departments, therefore, you may have to make a statement several times and sometimes visit the incident site together with police officers.

All your clothes you had at the time of attack will be kept by the police as evidence and will be sent for forensic examination. The police will send you to the local hospital or a forensic examination centre if you haven’t sought medical assistance in the first instance.

You will be required to undergo a series of tests, including gynaecological, external injuries examination, swabs and STI tests. The results of the examination will be reflected in a separate protocol and photographic evidence of face and body injuries will be taken.

You will not have to surrender your passport whilst the investigation is carried out. The police will take a copy of your passport and full contact details.

If you do not want to report the incident to the police in Kyrgyzstan

The British Embassy will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide you with information on local support in the UK. They can provide you with lists of English-speaking medical facilities, lawyers and translators.

If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you.

You have to report the crime in-country for it to be investigated.

Even if you do not report the crime, you are still able to get medical attention. You should go to the nearest hospital, a local doctor or gynaecologist, but you will not be entitled to a forensic examination.

If you want to report the incident to the police in the UK

The support available to you, and your access to justice may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence.

If you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in the country where it happened and you return to the UK, you can still report the matter to your local UK police. The UK police should send the information you provide to the country where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action.

You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in Kyrgyzstan – what happens

Insist you get a copy of the police report indicating a crime registration number and contact details of a responsible police officer.

You will have to make a statement about the incident including a description of the attacker(s).

The police will keep any clothes or electronic equipment which may be evidence of your attack to present to a forensic examiner.

The police will send you to a centre of forensic medical examination.

The local police in the country where the assault took place will not inform UK police and will not ask UK to undertake police checks on you.

The medical examination – what to expect

Hospitals and medical centres in Kyrgyzstan can treat victims of rape and sexual assault, but not all of them. Normally hospitals tend to specialise in specific areas of health. There are several medical clinics most commonly used by foreigners that are able to offer medical support to victims of rape and sexual assault. The Embassy can provide you with a list of medical facilities in Kyrgyzstan.

Hospitals can offer medical support including external injuries examination, gynaecological examination with swabs and tests on STDs (sexually-transmitted disease), as part of forensic examination they may take photographs.

You can ask for a female member of the medical staff be present.

Consular staff can accompany you to the hospital.

If you have been referred to a hospital by police for forensic expertise, the hospital will automatically report the results of any examination to the police.

Medical staff may automatically report to the police the details of people they believe to be victims of rape or sexual assault with aggravated circumstances. The British Embassy can contact local healthcare providers to learn more about respective clinic’s policy in this matter before you attend the clinic.

Treatment

Hospital medical staff can give you advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection) should you or they feel it is necessary. PEP is available via the Centres on Prevention and Control of AIDS in each big city.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective.

The centres provide PEP therapy free of charge but the patient will have to meet the cost for the testing. The NHS may be able to commence or continue the 28 day treatment on return to the UK. More information on risks is available on the NHS website.

Emergency contraception can be obtained from a pharmacy, though you may require a prescription and it is not free. Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

Abortion is available in Kyrgyzstan for a gestational period up to 12 weeks for non-medical reasons, up to 22 weeks for family/societal reasons. This period can be extended if there are medical complications.

Emergency medical assistance is free of charge in Kyrgyzstan, any subsequent treatment will be charged in accordance with their fees. Most hospitals accept payment by cash in local currency , though some hospitals may accept payments by card.

If you have had medication administered overseas, you should keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home.

Police investigations in Kyrgyzstan – what to expect

After you report the crime, the case will be registered and assigned to an investigator.

When the investigating authorities are satisfied with the evidence, they issue a statement to officially recognise you as a victim. There is no travel restrictions for the victim and you may leave the country. Your departure from Kyrgyzstan does not lead to termination of an investigation or prosecution. However inability of a victim for certain legal and/or procedural steps of the investigation might hinder and/or slow down the investigation process. For the purposes of a fair and efficient investigation, it is recommended that you might consider staying in the country whilst the investigation is taking place. A lawyer will be able to advise.

You have the right to:

• know if the charges or allegations have been pressed against the suspect
• testify in your own language and be provided with a translator
• provide evidence and make requests (pleadings)
• have a representative or lawyer
• have access to the investigation reports and all case materials after the end of pre-trial investigation

Police may take you to the crime scene to get more details on the incident. They may interview the suspect at the same time and you can meet in the corridors or waiting areas of the police station.

You will be asked to identify a suspect at the police station. Many police stations do not have two-way mirrors installed so it is likely that you will be asked to make an identification face to face. You will also be required to attend face-to-face questioning with the suspect. It is therefore recommended to have a legal representative with you.

Criminal investigations in Kyrgyzstan tend to progress very slowly. If someone is arrested under suspicion of criminal offence, they may be detained without charges for 48-72 hours. In some cases a suspect may not be detained at all.

After that the suspect will be released unless, and depending on the circumstances, the court sanctions arrest of the suspect for the duration of investigation. In some cases, mainly when the abuser is the victim’s partner or spouse, the police can issue a restraining order up to 30 days.

You are entitled to be aware of the case developments. However, having legal representation from the early stages of a case increases the likelihood that your rights will be respected during initial interviews with police and further investigation stages.

The lawyer can speak before the investigator and prosecutor on behalf of the victim, but personal presence may still be required. The lawyer will be able to request access to the case materials such as case notes, expertise results etc.

The British embassy can provide you the list of local English speaking lawyers. Some lawyers can offer pro-bono services, or you can request a state appointed lawyer. Your presence in country may be required throughout the investigation. If you leave the country this may trigger the closure of the case.

It is your choice if you would like to seek help from, or involve other organisations, to represent you or advise on the legal process.

The investigations of rape and sexual assault cases often take longer than it is expected due to various complications and can take several months before reaching the trial stage. The investigator with clearance from the public prosecutor may request to:

• extend the period of the investigation, for example, when further expertise is required
• file the case, if there are insufficient grounds or evidence to prosecute
• order a trial

Court procedures – what to expect

Rape and sexual assault charges are regulated under Article of 154 and 155 of the Criminal Code of the Kyrgyz Republic. In 2019 rape and sexual assault have been re-classified from medium gravity to serious offences with charges of 5 to 8 years of imprisonment for rape, 8 to 11 years in case of aggravating circumstances, 11 to 15 years if the victim is under age of 18, and 15 years or up to a life sentence if the crime is committed against a child under 14 years old.

The judge can order the offender to pay compensation to the victim of rape and sexual violence including for emotional trauma. A person who committed rape or sexual assault without aggravating circumstances may be released from criminal liability if there is a peaceful settlement between the accused and victim with compensation of damages.

If the case goes to trial, you will be expected to testify in court. Depending on the circumstances, you may be allowed to testify from the UK. Testimony will be in front of the suspect. Questions are often asked around the details of sexual acts and might be uncomfortable. In local law the absence of consent is considered as rape, however in practice the absence of torn clothes or physical injury may be seen as consent, although in all cases it will be subject to investigation.

The suspect’s family members are allowed to attend the court hearing. There is rarely more than one entrance to a court building so victims and suspects might meet around the building.

If the case is referred for further investigation, you might have to give an additional statement. If you wish, it is possible to drop charges once they are filed by providing a written statement and explaining the reasons behind your decision.

The charge of rape is not an automatic state prosecution in Kyrgyzstan and when the victim drops charges the criminal case is often terminated by the authorities.

It is illegal in Kyrgyzstan to make false statements or accusations. Therefore, the suspect may press counter charges against you claiming that you have made false accusations, including during the investigation stage. The court will investigate these claims and decide on proceedings.

If you do not speak Kyrgyz or Russian, a translator will be provided by the court and you should inform them of this requirement in advance to allow them to make suitable arrangements. You can also have your own interpreter. The Embassy can provide a list of translators and interpreters. The officer conducting the criminal process shall issue a resolution on the appointment of a person as an interpreter.

Consular staff will not normally be able to attend the trial with you. You may wish to be accompanied by a friend or member of your family for the court hearing.

Personal information of the victim may be shared illegally with other parties and it is not rare that victims suffer from psychological pressure from investigating authorities, suspect and their family. Rape cases often become hot topics in social media and depending on the circumstances and information available, the general public may be quick to judge and criticise the victim.

However, lately and with help of NGOs raising awareness of sexual and domestic abuse, people tend to be on the victim’s side.

Trial

When investigation is over a case will be filed by the prosecutor to the court. It may take several months until the case is passed to the court. There will be a time for both parties to familiarise themselves with the case materials before the start of the trial.

First, there may be a preliminary hearing which may last for several days depending on the complexity of the case, and as a result the judge may initiate the main trial or return the case for further investigation.

Trial procedures

The prosecutor must formally notify both parties when the case is submitted to the court, and there should be formal notification of the start of the trial procedures.

The trial in Kyrgyzstan can be conducted only in local languages – Kyrgyz or Russian. You can give statement in English, but that has to be translated in either Kyrgyz or Russian. You can appoint a translator or request a court to provide one.

You are obliged to be present. However, at your request, the court may release you from attending the court session, and only to appear at a certain time to testify.

Depending on the complexity of the case the trial may last several months. You or the defendant then have the right to appeal the court decision within 30 days. If there is no appeal, the sentence comes into force. You will have one year to submit the second (and last) appeal to the Cassation Court if you disagree with the decision. For the convicted party there is no time limit to submit cassation appeal.

Hiring a lawyer

You should consider appointing a lawyer from the early stages. If you cannot appoint a privately-hired lawyer, you may request a state hired lawyer.

There are lawyers who specialise in criminal cases, and sometimes in rape and sexual assault cases.

The British embassy has a list of English speaking lawyers published online.

Communication

The police investigator normally communicates directly with the victim or their legal representative.

If you are not resident in-country, you should appoint a local lawyer to represent you.

Victims often have to chase the police for information rather than police updating them on the progress of the case. If you do not want to appoint a lawyer, you might need the help of a local Russian or Kyrgyz speaker to help you communicate with the police and regularly contact them to be kept updated.

Legal aid

Victims are entitled to legal aid. You will need the police investigator to formally recognise you as a victim. You will need to apply for legal aid through the police by submitting a written request. State provided lawyers rarely speak English, and may be less interested in the outcome of the case. You are not required to prove your financial situation and it will not be evaluated in order to provide a state appointed lawyer.

Legal aid normally covers representation at police interviews, preparing written statements and requests, and representation during the trial.

Privately-hired lawyers tend to charge for services per hour, or sometimes you may agree to pay a fixed amount for the whole process. You may change lawyer at any stage if required.

Sentencing

In general, in Kyrgyzstan, sentences are weighted in favour of punishment. However, this may be different in rape and sexual assault cases when it may be difficult to prove the suspect’s guilt.

If sentenced, the perpetrator would be guilty of ‘crime against the person’.

If the alleged perpetrator is found not guilty, the parties have 30 days to appeal. If no appeal, or appeal court leaves the initial decision unchanged, it should come into force.

Compensation

The courts can order the offender to pay compensation for any injuries or losses as part of the sentence.

When you return to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live

England

Get help and advice on the NHS website: Help after rape and sexual assault - NHS (www.nhs.uk).

Scotland

Archway SARC: phone 0141 211 8175

Archway Homepage

Wales

New Pathways SARC: phone 01685 379 310

Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board

Northern Ireland

Rowan SARC Northern Ireland: phone 0800 389 4424

http://therowan.net/

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country that the assault took place in.

Support organisations in Kyrgyzstan

It is your choice to let people know. If you are ready to talk about it, these organisations may be able to help you.

Some of these organisations can offer psychological or legal support, some will be able to represent and act as your defender in a court, or provide shelter.

There are crisis centres for women and children in each big city in Kyrgyzstan, below are the contact details of some of the centres. The centres have limited capacity to shelter victims of sexual and domestic abuse for up to 1 month.

Crisis centres cannot accommodate male victims but would still be able to provide psychological support and legal advice. Kyrgyz crisis centres can accommodate a victim on the basis of a protection order, which is issued when a crime is reported to the police. Assistance may not be available in English, so you will need help of Russian or Kyrgyz speaker or a translator.

Sezim Crisis Centre

3, Tabyshalieva street, Bishkek
Telephone number: +996 312 51 26 40 (hot line); +996 312 316 466
Hours of contact and language of service: 24/7. Russian and Kyrgyz

Email: [email protected] Services offered: shelter, consultations with psychologists, lawyers, social workers and GPs, and support with court representation

Shans (Chance) Crisis Centre

207, Chui avenue, room 509, Bishkek
Telephone number: +996 312 613 227, +996 709 710 320
Hours of contact and language of service: 10am to 3pm, Monday to Friday. Russian, Kyrgyz, Turkish and English (subject to interpreter’s availability)

Email: [email protected] Services offered: consultations with psychologists and lawyers

Ak-Jurok Moral-Psychological Centre

205, Lenin street, room 210, Osh city, Osh oblast
Telephone number: +996 (3222) 2 97 57
Hours of contact and language of service: 9am to 5pm, Monday to Friday. Russian, Kyrgyz, and English

Services offered: shelter, consultations with psychologists and lawyers

Altynai Crisis Centre

221, Sovetskaya street, Cholpon-Ata town, Issykkul oblast
Telephone number: +996 (3943) 62669 Hours of contact and language of service: 9am to 5pm, Monday to Friday. Russian and Kyrgyz

Services offered: consultations by psychologist, gynaecologist and lawyer

Himaya Help and Rehabilitation Centre

Karakol town, Issykkul oblast
Telephone number: +996 551 733 390 (SMS); +996 702 223 535
Hours of contact and language of service: 9am to 5pm, Monday to Friday. Russian and Kyrgyz

Services offered: shelter (up to 14 days), social and rehabilitation support, consultations with psychologists, social workers and lawyers

Kaniet Crisis Centre

113, Bekmambet Osmonov street, Jalalabad town, Jalalabad oblast
Telephone number: +996 (3722) 55084
Hours of contact and language of service: 9am to 5pm, Monday to Friday. Russian and Kyrgyz

Description of services offered: shelter, consultations by psychologist, gynecologist and lawyer

Maana (Ayalzat Public Foundation)

274/2 Tagaibaev street, Talas town, Talas oblast
Telephone number: +996 (3422) 5 38 18; +996 (3422) 5 55 81; +996 557 484713
Hours of contact and language of service: 9am to 5pm, Monday to Friday. Russian and Kyrgyz

Services offered: shelter (up to 10 days), consultations with psychologists, doctors and lawyers, court representation, no material and financial support

NGO Tendesh Crisis Centre

31/1 Kyrgyz street, Naryn town, Naryn oblast
Telephone number: +996 (3522) 5 02 70; +996 (3522) 5 37 70
Hours of contact and language of service: 9 am to 5pm, Monday to Friday. Russian and Kyrgyz

Services offered: shelter, consultations with psychologists, doctors, lawyers and court representation

Shelter for women with children under the public foundation “Centre of Mercy”

10 Trudovaia street, Bishkek
Telephone number: +996 (312) 64-48-71, +996 (550) 546622
Hours of contact and language of service: Monday to Sunday 24/7. Russian and Kyrgyz

Services offered: shelter, food, medical, social and legal assistance

Public Association “Ensan - Diamond”

205/105 Lenin Street, Osh city, Osh oblast
Telephone number: +996 (772)328960, +996 (3222) 2 29 65
Hours of contact and language of service: 9:30am to 5:30pm, Monday to Friday. Russian and Kyrgyz

Services offered: medical, social and legal assistance

Crisis centre “Akyl karachach” under Public Association “Ene nazary”

1 Naberezhnaia Street. Village Gulcha, Osh oblast
Telephone number: +996 (555) 281423, +996 (776) 281423
Hours of contact and language of service: 10am to 5pm, Monday to Friday. Russian and Kyrgyz

Services offered: shelter, medical, social and legal assistance

Crisis centre “Aruulan”

205 Lenin street, Osh city, Osh oblast
Telephone number: +996 (776) 380777 +996 (3222) 5 56 08
Hours of contact and language of service: 10am to 5pm, Monday to Friday. Russian and Kyrgyz

Services offered: shelter, medical, social and legal assistance

Public Assoaciation Crisis Centre “Meerban”

312/23 Lenin street, Osh city, Osh oblast
Telephone number: +996 (773) 843461
Hours of contact and language of service: 10am to 5pm, Monday to Friday. Russian and Kyrgyz

Services offered: medical, social and legal assistance

Crisis centre “Janyl Myrza” (PF “Omur Bulagy”)

3 Sydykov Street, Batken town, Batken oblast
Telephone number: +996 (777) 393077
Hours of contact and language of service: 10 am to 5pm, Monday to Friday. Russian and Kyrgyz

Services offered: shelter, medical, social and legal assistance

Public Association “Ayalzat”

105-14 Abdrakjmanov street, Karakol, Issyk-kul oblast
Telephone number: +996 (03922) 5 10 91? +996 (553) 835717
Hours of contact and language of service: 10 am to 5pm, Monday to Friday. Russian and Kyrgyz

Services offered: shelter, medical, social and legal assistance

Disclaimer

This information has been prepared by HMG officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither HMG nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (02/02/2022).