Global News Blog / IPS

Kuban Abdymen interviews GULNARA KALIAKBAROVA of Penal Reform International

BISHKEK, Kyrgyzstan, Dec 1 (IPS) - The guns of state firing squads are today silent in Central Asia.

Gulnara Kaliakbarova, a doctor and lawyer, is monitoring this and other reforms in the penal and justice systems in the region for Penal Reform International.

She specifies what has been achieved over the past decade and suggests a list of priorities with the ultimate goal of adopting ”the best sentencing policies” for long-term prisoners.

IPS: Is Central Asia close to becoming ”death penalty-free”?


Gulnara Kaliakbarova: No, not yet. But there have been gradual, positive changes on this issue in the region. Three Central Asian countries have fully abolished the death penalty — Turkmenistan in 1999, Kyrgyzstan in 2007 and Uzbekistan in 2008. In 2007, Kazakhstan abolished the death penalty only for ordinary crimes, retaining it for terrorism acts and grave crimes committed at war time. In Tajikistan, a moratorium on both the imposition and execution of death sentences is in place since 2004.

In December 2007, all Central Asian countries voted for the U.N. General Assembly resolution on a moratorium on the use of the death penalty. This shows the necessary political will is there to make Central Asia ”death penalty-free”.

IPS: Central Asia was notorious for the secrecy surrounding the death penalty. Has this changed?

GK: The secrecy remains to a certain extent. There is a lack of official statistics in the region despite countries’ commitments as members of the Organisation for Security and Co-operation in Europe (OSCE). There is also no information available on the burial places of those executed because national legislation does not oblige the authorities to provide relatives with such information.

IPS: What would you say is the most pressing problem in the region in relation to the abolition of the death penalty?

GK: Undoubtedly, deciding what the adequate alternatives to the death penalty should be. Life imprisonment has become the main substitute for the death penalty in most countries, including those in Central Asia. In most of these countries, all the death sentences have been commuted to life imprisonment.

IPS: What does ”life imprisonment” generally mean?

GK: Nobody really understands what it means. The term is ambiguous and it is interpreted differently in different countries. In some countries, it means the prisoners will serve their term in prison until they die; while in others, for example in Kazakhstan and Uzbekistan, it means a minimum 25 years of imprisonment before the prisoner can appeal for pardon or parole.

IPS: Is life imprisonment the appropriate alterative to the death penalty?

GK: Life imprisonment does not provide for the reformation or social reintegration of the offenders. It is extremely punitive. Prisoners are locked away in solitary confinement where any sort of exercise or recreational activity and contact with the outside world is limited. Lifers are often discriminated against and treated less favourably by prison staff. In some cases, there is no scope for review of their sentences or parole; lifers lose hope in life, and their sanity.

There are countries that do not have this sentence. For example, Slovenia, Brazil and Colombia have fixed-term imprisonment for the most serious crimes.

IPS: What are you advising countries which still do have this sentence?

GK: Generally, there is a need to strengthen and reform the criminal justice system in each country as the existing systems have too many loopholes. While using life imprisonment as the ultimate punishment, it is important to consider the minimum and maximum prison terms, sentencing policy, risk assessment, parole and conditions of detention and security measures. Other issues needing attention are prison management, training of qualified personnel to adequately deal with prisoners, and the financial implications of having a large population of lifers. Moreover, there should be attempts to comply with international standards and recommendations on the treatment of long-term prisoners.

Central Asia can do better by studying the best practices on sentencing policies, model prison management or parole board, and social reintegration programmes. Prison staff exchange programmes with European countries would also be useful.

IPS: Kyrgyzstan’s Ombudsman recently called for prisoners to be allowed paid work in jail, a proposal that has been accepted by the ministry of justice. Should prisoners serving life sentences in Central Asia also be allowed to work?

GK: Current national legislation does not allow prisoners serving life sentences to work. They can leave their cells for daily work only. Certain safety conditions must be introduced before inmates can be issued with, say, work tools. Therefore, allowing ”lifers” to participate in employment programmes would require amending legislation in all countries of the region.

IPS: Over the short term, what are your most pressing recommendations?

GK: Kazakhstan and Tajikistan should totally abolish the death penalty. All countries in the Central Asian region should ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights. There is an immediate need for further demilitarisation of the prison systems. Barracks should be replaced with cells which meet all international standards and provide more safety for both prisoners and the prison staff.

There should be a legal possibility of an early release on parole for people whose death sentences have been commuted to life imprisonment. Revision of life sentences after a certain period of time should be made compulsory by law. As we know, long term imprisonment under strict conditions may be damaging for the mental and physical health of prisoners. Programmes for the psychological rehabilitation of offenders and employment opportunities should be developed.

Finally, I would suggest setting a goal of a maximum prison term of between five and seven years.
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