KYRGYZSTAN: SCHOOL GRADS ILL-PREPARED FOR MILITARY SERVICE
How many people serve in the army of Kyrgyzstan, how is the conscription arranged and is it possible to legally dodge the draft?
Information about the number of conscripts is not publicly available, although legal access to this information is not restricted.
In 2018, Arstanbek Kerimaliev, head of the conscription department of the State Defense Committee, said in an interview with 24.kg that the number of conscripts fluctuates, but it amounts to about three thousand people per campaign.
In 2018, Arstanbek Kerimaliev, head of the conscription department of the State Defense Committee, said in an interview with 24.kg that the number of conscripts fluctuates, but it amounts to about three thousand people per campaign.
How does the military conscription system work in Kyrgyzstan?
In Kyrgyzstan, men aged from 18 to 25 years old who have no right to deferment of a call-up for military service, right to exemption from military service or who have lost the right to deferment of a call-up for military service are subject to military service for a fixed term.
The serving period of a call-up is one year.
The call-up of citizens for fixed-term military service is done through district (city) military commissariats twice a year (from March to May, and from September to November) everywhere, in compliance with the presidential decree.
When either a presidential decree or conscription order of the district (city) military commissar is announced or when a summons is received, citizens are required to attend the recruiting office in which they are registered.
The serving period of a call-up is one year.
The call-up of citizens for fixed-term military service is done through district (city) military commissariats twice a year (from March to May, and from September to November) everywhere, in compliance with the presidential decree.
When either a presidential decree or conscription order of the district (city) military commissar is announced or when a summons is received, citizens are required to attend the recruiting office in which they are registered.
The summons is handed to the citizen personally (or to his parents or spouse), signed by the official representing the district (city) military commissariat, or it is delivered at the place of work/study by the head or other person responsible for military registration work of the organization.
The summons must indicate the purpose of the call-up, the period of attendance, and the legal consequences of non-compliance by citizens with the requirements set out in it. The summons is signed by the district (city) military commissar or his deputy.
However, the legislation does not specify how many days before the date of summoning a conscript must receive the summons.
If a citizen refuses to receive a summons or fails to show up without a valid reason to be summoned by the district (city) military commissariat in connection with a call-up for fixed-term military service, he is considered as evading military service and shall be held liable in accordance with the legislation of the Kyrgyz Republic.
The summons must indicate the purpose of the call-up, the period of attendance, and the legal consequences of non-compliance by citizens with the requirements set out in it. The summons is signed by the district (city) military commissar or his deputy.
However, the legislation does not specify how many days before the date of summoning a conscript must receive the summons.
If a citizen refuses to receive a summons or fails to show up without a valid reason to be summoned by the district (city) military commissariat in connection with a call-up for fixed-term military service, he is considered as evading military service and shall be held liable in accordance with the legislation of the Kyrgyz Republic.
Is it possible to legally dodge the draft in Kyrgyzstan?
Those who are recognized unfit for military service in peacetime and fit for non-military service in wartime; those who have a criminal record (regardless of whether there has been a withdrawal or cancellation of conviction) can be exempted from serving in the Armed Forces of the Kyrgyz Republic. Those who have already served in the army of other states before obtaining citizenship of the Kyrgyz Republic, as well as those who have reached the age of 25, are also exempted.
It is also possible to do alternative military service. A man of a call-up age who does not have the right to deferment or has lost his right to it and has not done compulsory military service can follow this alternative in the following cases:
he is a member of a registered religious organization, the faith of which does not allow the use of weapons and service in the Armed Forces;
has the right to perform alternative service if he is from a family in which, in addition to the conscript, there are four or more children under the age of eighteen, and the conscript is the eldest of the children;
he comes from a family in which one of the parents is a group I or II disabled people, and the conscript is the provider in that family;
the conscript has a parent or brother (sister) who became disabled during military service or later due to injuries, wounds, traumas (contusions) and illnesses received during military service;
has a parent or brother (sister) who died during military service or later due to injuries, wounds, traumas (contusions) and illnesses sustained during military service;
he has a wife and one child; he is the only child in a family whose parents have reached retirement age; he is the only son of a single mother (father); he is the only child in a family that has lost both father and mother;
he has one brother under the age of eighteen (or older than eighteen but with a group I or II disability) who is dependent on a single mother, in the absence of other children in the family;
he is fit for military service, but has not been sent to a military unit in connection with the performance of an assignment for compulsory military service and has expressed a desire in writing to perform community service.
The period of alternative service is 18 months.
For citizens called up for family reasons, alternative service costs 18 thousand soms (about 206 USD).
For members of religious organizations, the faith of which does not allow the use of weapons and service in the armed forces, as well as citizens who have expressed a desire to perform community service it would cost 25 thousand soms (about 286 USD).
The state charges 50 thousand soms (approximately 571 USD) from those who have not performed military or alternative service.
He wouldn't kill himself, he had dreams
Eldiyar Zhayloobekov's parents were waiting for him to return home in the village of Mikhailovka, Tyup district, on July 7, 2022. On this day, the 22-year-old boy, who was serving in military unit №73809 in the village of Koy-Tash, was going to go on a leave.
Instead, in the morning of July 4 Eldiar's relatives received terrible news that the young man died while on guard duty. They were told that the soldier had accidentally shot himself due to careless handling of his weapon. The relatives of the deceased did not believe this version of events. They demanded an investigation and prosecution of those responsible for his death.
Instead, in the morning of July 4 Eldiar's relatives received terrible news that the young man died while on guard duty. They were told that the soldier had accidentally shot himself due to careless handling of his weapon. The relatives of the deceased did not believe this version of events. They demanded an investigation and prosecution of those responsible for his death.
Just two days after Eldiyar's death, one of Kyrgyz media reported, referring to the Minister of Defense Baktybek Bekbolotov, providing details of the tragedy.
The head of the defence ministry told the journalist that two shots were fired. The first was fired into the air and the second into the head, and happened more than a minute later.
Bekbolotov claimed that Eldiyar Zhayloobekov committed suicide. Allegedly a wedding ring was found at the scene, which "completely changes the case". According to him, there was a love background to the case, related to the fact that "either the girl was stolen or she got married".
The Bishkek garrison's military prosecutor's office conducted a preliminary investigation into Eldiyar's death. A forensic medical examination was ordered and interrogations were conducted with servicemen, including the command of the military unit where the soldier served. The investigation ruled out the possibility of hazing. However, it later became known that the military prosecutor's office decided not to initiate a criminal investigation into the soldier's death.
The head of the defence ministry told the journalist that two shots were fired. The first was fired into the air and the second into the head, and happened more than a minute later.
Bekbolotov claimed that Eldiyar Zhayloobekov committed suicide. Allegedly a wedding ring was found at the scene, which "completely changes the case". According to him, there was a love background to the case, related to the fact that "either the girl was stolen or she got married".
The Bishkek garrison's military prosecutor's office conducted a preliminary investigation into Eldiyar's death. A forensic medical examination was ordered and interrogations were conducted with servicemen, including the command of the military unit where the soldier served. The investigation ruled out the possibility of hazing. However, it later became known that the military prosecutor's office decided not to initiate a criminal investigation into the soldier's death.
Eldiyar Zhayloobekov (in the center). Photo from a personal archive.
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Our rights were explained to us. The investigator said that if we don't agree with the results of the expertise, we can appeal against them and appoint new ones. The criminal case was dismissed due to the absence of corpus delicti.
«He was goal-oriented. He went to law school. He willingly joined the army to get a military ID and become an investigator... He had dreams that he wanted to fulfill. There's no way Eldiyar would have done that,» Indira said with confidence.
According to her, her younger brother had no disagreements with the girl.
«We asked her, we wanted to understand if maybe there really was some kind of a falling out. But no, she said it was fine. I think that what the officials from the Ministry of Defense said was just an attempt to make excuses,» the woman stated.
According to her, her brother did not tell her about the instances of hazing.
«He did not talk about violence against him. The only thing was that he often asked to top up one particular number, for which he was allowed to talk on the phone,» Indira said.
According to her, her younger brother had no disagreements with the girl.
«We asked her, we wanted to understand if maybe there really was some kind of a falling out. But no, she said it was fine. I think that what the officials from the Ministry of Defense said was just an attempt to make excuses,» the woman stated.
According to her, her brother did not tell her about the instances of hazing.
«He did not talk about violence against him. The only thing was that he often asked to top up one particular number, for which he was allowed to talk on the phone,» Indira said.
Eldiyar Zhayloobekov
Photo from a personal archive.
Stark statistics
According to the review of practice and legislation "The rights of conscripts in Eastern Europe, Central Asia and the South Caucasus" (2021), prepared with the participation of Kyrgyz human rights defenders, there are the following problems related to conscription and military service in Kyrgyzstan:
- the absence of a legal definition and status of "conscript" and "soldier of fixed-term military service " in the laws, as well as provisions on the rights and freedoms of fixed-term military servicemen;
- the absence of effective mechanisms and instruments for protecting the rights of fixed-term military servicemen and conscripts;
- inadequate support for the conscription process in terms of medical examination of conscripts;
- violations of fundamental rights and freedoms during military service, in particular, the right to freedom from ill-treatment, the right to safe and appropriate conditions of service, the right to sufficient medical care;
- lack of proper, effective and comprehensive investigation and response to the facts of violations.
The procedure for military service by citizens of the Kyrgyz Republic is regulated by a number of normative documents, which stipulate, among other things, that a soldier can officially complain about illegal actions of commanders (superiors) or other servicemen, about violations of rights and benefits established by law, and about not providing him with the allowances he is entitled to.
The competent authorities should ideally respond to the complaint, conduct an investigation, and hold the perpetrators accountable. Responsibility and punishment are established in the Criminal Code of the Kyrgyz Republic for the following crimes: bullying and cruel treatment of a serviceman, unlawful imprisonment, forced exploitation of a serviceman in one's personal interests, as well as extortion or seizure of a serviceman's allowances by another serviceman, abuse of power, torture, inciting to suicide and violation of equal rights.
Meanwhile, in recent years there have been no high-profile trials related to manifestations of hazing in Kyrgyzstan.
At the same time, despite the absence of official statistics regarding strange soldier deaths, the picture of military deaths in the army looks frightening. A rough idea of how many conscripts die while serving in the army can only be made based on publications in the media and studies conducted by human rights organizations.
The Kylym Shamy organization estimates that more than 60 soldiers died in the army between 2012 and 2016 for various reasons. Some of them were believed to have committed suicide.
The competent authorities should ideally respond to the complaint, conduct an investigation, and hold the perpetrators accountable. Responsibility and punishment are established in the Criminal Code of the Kyrgyz Republic for the following crimes: bullying and cruel treatment of a serviceman, unlawful imprisonment, forced exploitation of a serviceman in one's personal interests, as well as extortion or seizure of a serviceman's allowances by another serviceman, abuse of power, torture, inciting to suicide and violation of equal rights.
Meanwhile, in recent years there have been no high-profile trials related to manifestations of hazing in Kyrgyzstan.
At the same time, despite the absence of official statistics regarding strange soldier deaths, the picture of military deaths in the army looks frightening. A rough idea of how many conscripts die while serving in the army can only be made based on publications in the media and studies conducted by human rights organizations.
The Kylym Shamy organization estimates that more than 60 soldiers died in the army between 2012 and 2016 for various reasons. Some of them were believed to have committed suicide.
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«In the period from 2014 to 2016, human rights organizations specializing in the protection of the rights of servicemen carried out a huge amount of work. And it paid off, there were no suicides in the army for two years, no cases of hazing. In 2018 it all started again because we - a civil society - were forbidden to monitor military units,» says Gulshaiyr Abdirasulova.
Gulshaiyr Abdirasulova
Head of the human rights organization Kylym Shamy
»
- 2019In 2019, the deaths of 13 members of the Kyrgyz Army were ruled a suicide.
- 2020-2021According to the General Prosecutor's Office of the Kyrgyz Republic, around 10 soldiers committed suicide in the Kyrgyz army in 2020-2021.
- 2022In 2022, five more soldiers died. One allegedly from a self-inflicted gunshot, and another committed suicide. In another case, one soldier shot another soldier as a result of negligence. Two soldiers died under unclear circumstances. The official version is a sudden deterioration of health, but relatives have their doubts.
According to human rights activist Gulshayir Abdirasulova, the situation with the worst manifestations of hazing in the army should have been partially changed by a comprehensive program to prevent deaths and injuries among military personnel. This document was developed in 2016 by a special working group, with the participation of human rights defenders, media representatives, the Committee of Soldiers' Mothers, the General Directorate for Mobilization, etc. In 2017, it was submitted to the General Staff for approval.
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We clearly indicated which ministries and departments were to be responsible for its implementation, but the program never worked. After its submission, we [human rights defenders] no longer had access to military units, so it was unclear who became the executor of the program. In 2018, the Jogorku Kenesh, based on a report on the rights of military personnel prepared jointly by human rights activists and Akyikatchy (Ombudsman), issued a resolution to ensure the implementation of this program, among other things. Except that it did not help, since as of today, no one has evaluated or monitored the program to understand how effectively it was implemented.
Military human rights defender Anvar Sartaev believes that the problem with the Kyrgyz army today is not the hazing, but the fact that unprepared young men are joining the armed forces.
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We have no government agency or official dealing with this issue. No one has been teaching proper classes in schools for a long time. Young men just graduated from school find themselves physically and morally unprepared for military service. This explains why there are accidents in the army - suicides and so on. Unlike us, not everyone can get into the army in Uzbekistan. They have to pass exams, go through training beforehand. In addition, it is prestigious to serve in the army - there are social benefits. We don't have any incentive for young people. It is necessary to provide those who go to serve with some preferences, so that a man could serve and get the "green light" everywhere.
Anvar Sartaev
Military human rights defender
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At the same time, Sartaev notes, in the modern world independent countries cannot give up the army. "It is an institution of any state, and a state cannot exist without armed forces. The principle that if you want peace, you should prepare for war is still valid," says the military human rights activist.
