LAW OF THE KYRGYZ REPUBLIC

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.

Section I General provisions

Article 1.

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, the Soviet public and social and political organizations, including party, Komsomol are recognized trade-union and cooperative organizations.

Article 2.

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).

Article 3.

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;

- are condemned based on the Criminal code of RSFSR existing in the territory of Kyrgyzstan till 1961 despite conviction for the following acts, violations, offenses which are not acknowledged constituting danger to society:

a) the counterrevolutionary crimes provided by parts 1-18 of Article 58;

b) the crimes against management provided by parts 1-7 of Article 59; Articles 10; 60-62; 69; 70; 72-73; 76; 82; 84; 91-92;

c) the crimes of official provided by Articles 109-111;

d) economic crimes, stipulated in Article 131;

e) the property crimes provided by Article 162 Items "hell";

e) the abuses of regulations of protection of national health care, public safety and discipline provided by Articles 182, of 191, 192.

On the crimes listed in paragraphs the seventh or twelfth to part one of this Article, signs of political repression are the decisions of the power, governing bodies, executive bodies, Soviet public and social and political organizations, including party, Komsomol, trade-union and cooperative organizations and their officials accepted on the existing reasons in criminal and/or administrative procedure based on the acts following from content and essence adopted during the period from 1917 to 1953.

Article 4.

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:

- the treachery of the Homeland which is commited by person, called up for military service in the territory of Kyrgyzstan and being involved in World War II and in the Great Patriotic War of 1941-1945 in the ranks of the military personnel or command structure;

- 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.

Article 5.

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.

Section II Procedure for Rehabilitation

Article 6.

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 and also according to the recommendation of the Commission on recovery of victims of political repressions under Institute of history, archeology and ethnology of National academy of Sciences of the Kyrgyz Republic (further - the Commission on rehabilitation) 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;

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