of May 27, 1994 No. 1538-XII
About the rights and guarantees of the rehabilitated citizens, injured repressions for political and religious beliefs, on social, national and other features
The purpose of this Law is rehabilitation of all victims of the political repressions subjected to that in the territory of the Kyrgyz Republic since 1917, their recovery in the civil laws, elimination of other consequences of arbitrary behavior, and also compensation of material and moral damage.
Political repressions various enforcement measures applied by the state on political and religious beliefs, on social, national and other features in the form of imprisonment or life, the placement on forced treatment in mental health medical institutions, deprivations of nationality, eviction of national groups from the places of residence, the directions in the reference, dispatch, to the special settlement, attraction to forced labor in the conditions of restriction of freedom and also other deprivation or restriction of the rights and freedoms of the persons who were recognized socially dangerous to the state or political system on class, social, national, religious and other features, performed on decisions of the courts and other bodies equipped with judicial functions, or administratively executive bodies and officials are recognized.
This Law extends to all citizens of the Kyrgyz Republic and other state members of the Commonwealth of Independent States, foreign citizens, and also the persons without citizenship who underwent to political repressions in the territory of the republic, and also to persons who underwent to repressions in other states - the former federal republics of the USSR but which are constantly living in the Kyrgyz Republic and being her citizens.
Along with persons to whom enforcement measures were directly applied, victims of political repressions children, the spouse (spouse) of the shot faces and rehabilitated posthumously, and also children, the spouses (spouse) who were in places of detention, are recognized the reference, dispatch, on the special settlement or undergone to other restrictions in the rights and freedoms in connection with repression of parents, the spouse (spouses).
Rehabilitations of person which for political motives were are subject:
- are illegally condemned for the high and other treasons;
- are illegally subjected to criminal repressions according to decisions of bodies of VChK, GPU-OGPU, UNKVD-NKVD, MGB, prosecutor's office and their boards, commissions of the "two", "three" and other bodies performing judicial functions;
- are illegally subjected administratively to the reference, dispatch, the direction to the special settlement, are involved in forced labor in the conditions of restriction of freedom, including in so-called "working columns of People's Commissariat for Internal Affairs", "labor armies", and also to other restrictions of the rights and freedoms;
- are illegally placed on decision of the courts and non-judicial bodies in mental health facilities on forced treatment.
Rehabilitations of person concerning which in materials of criminal cases there is body of evidence, confirming justification of attraction them to responsibility for are not subject:
- high treason, espionage, diversions, wrecking, sabotage, acts of terrorism;
- crimes against humanity, punitive actions concerning civilians, murders, tortures of citizens;
- the organization of the paramilitary groups committing murders, robbery, robbery, and others of violence and personal participation in making of these crimes, and also persons condemned for the crimes against justice connected using repressions even if they were exposed to repressions subsequently.
Are recognized not containing public danger the following acts and are rehabilitated irrespective of the actual justification of accusation of person, condemned for:
- anti-Soviet propaganda and promotion;
- violation of the laws on disestablishment and schools from church;
- infringement of the personality and the right of citizens under the guise of execution of religious practices.
Establish the following procedure for application of this Law.
Bodies of prosecutor's office in interaction with bodies of homeland security perform according to the applications submitted by persons specified in article 2 of this Law on the facts of repressions prepare documents and constitute the corresponding conclusions on all criminal cases and the prosecutor directs case with the conclusion:
- concerning convicts courts - in the same courts which passed the last judgment. Cases on which sentences, determinations, decrees were issued by the abolished or defunct courts, and also military tribunals concerning civilians are submitted to those courts to which cognizance these cases are referred by the current legislation. Territorial jurisdiction of the case is determined by the place of pronouncement of the last judgment;
- concerning the extrajudicial bodies which underwent to punishment according to the decision - in the Supreme Court of the Kyrgyz Republic, the Bishkek city court on which territoriality repressions were applied and notify the applicant to what court case is directed.
Owing to consideration of the case the court can accept one of the following decisions:
- recognize that person is reasonably condemned or subjected to punishment by extrajudicial body and operation of this Law does not extend to it;
- recognize that person is unreasonably condemned or subjected to punishment by extrajudicial body and it is subject to rehabilitation according to this Law.
When considering the case the court can also make changes to earlier pronounced sentence, determination and the resolution of courts or to the decision of extrajudicial bodies.
Person recognized by the court which is not subject to rehabilitation is handed the copy of determination (resolution), and in case of recognition unreasonably condemned or subjected to punishment according to the decision of extrajudicial body - the certificate of rehabilitation is issued.
Determination (resolution) of court can be protested by the prosecutor or the chairman of regional, Supreme courts of the republic or is appealed by person to whom it is refused rehabilitation.
Protests according to the procedure of supervision and on again revealed circumstances are considered regularly, provided by regulations of the Code of penal procedure of the Kyrgyz Republic.
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