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Kyrgyzstan has adopted new legislation on drug-related crimes. Amendments have been introduced into a number of national legal codes within the broad judiciary reform in the country. The amendments will come into force starting from Initiators of the reform declare the ideas of humanisation and decriminalisation, but the practitioners and the community expect an opposite outcome. Aybek the name is changed has recently been released from jail. He spent three years behind the bars for 3. Soon, he was seized again for a similar offence. He has no passport and he has no job. He has been told he cannot get his passport unless he pays the whole sum. How can he find a job with no documents? Recently, we learned that he was put on a wanted list due to his failure to pay the fine, so now he faces the threat of imprisonment again. According to the Criminal Code currently in force, possession of drugs with no intent to sell in big amounts exceeding one gram for heroin and three grams for hashish is now punished with a fine of to euros or with imprisonment for a term of up to five years. In the new Criminal Code, the fines will be increased up to 3,, euros. The minimum fine will be 3, euros. Will a person injecting drugs be able to pay such a sum at least once in his life? Now Aybek does not know how to pay euros, and starting from people will be released after years in prison with fines, which will be times higher. Fines for the small amounts of drugs up to 1 gram of heroin and up to 3 grams of hashish will also be increased. The administrative fine will grow fold: from euros to euros. For the first offence, the fine will amount to 2, Kyrgyz Soms 23 euros ; for the second offence, an administrative arrest for five days will be applied; for the third offence, the fine will amount to euros. In the new Code of Offences, the punishment will not be toughened and there will be no criminal record. After the fines are increased, there is a probability that the number of people seized with small amounts of drugs will be growing. The worst thing is that violation of the Code of Offences may also lead to the imprisonment in case if the fine is not paid on time. A person will have two months to pay euros. After this term, the fine will be doubled and the payment period will be extended by one more month. After this month is over, if the fine is still not paid, article of the Criminal Code will come into force meaning from 2. Currently, Sergey Bessonov and the lawyers of his organisation desperately fight not only for Aybek to stay free, but also to change the legislative amendments proposed. They are due to come into force in one year so there is still a chance to collect evidence that such amendments will lead to the criminalisation of people who use drugs. Members of the community were not able to take part in the development of the new codes, but we hope that our voices will be heard. We are doing our best at the national level and we also plan to tell about the recent developments in the drug policy to the international community at AIDS Conference. Street lawyers of the Ranar Foundation provide legal counselling to people who use drugs Author: Olga Ochneva, Kyrgyzstan Kyrgyzstan has adopted new legislation on drug-related crimes. Unaffordable fines or imprisonment Aybek the name is changed has recently been released from jail. Share this page:. Women in prison: mental health and well-being — a guide for prison staff. A Case Study of Drug-Userphobia.

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In particular, the southern areas of the country were badly hit by this development. However, few indications existed that the highest political levels had been seriously affected by organized crime networks. In the parliamentary elections, drug control experts estimate that a handful of individuals connected to the drug trade in the southern areas gained immunity and influence by being elected to parliament. Among these were two persons accused of being leading drug kingpins of Southern Kyrgyzstan. As these individuals step in where the state is absent in rural communities and distribute welfare, build roads and mosques and provide electricity, they enjoy significant popularity among the local population — which, together with the intimidation of potential rivals explains their repeated election to parliament. At the lower level, there is widespread involvement of law enforcement agents in underreporting drug seizures or selling confiscated drugs, especially among the counter-narcotics forces of the Ministry of Interior. Field research indicates that most drug dens in the country are known to the law enforcement authorities, and that previously confiscated drugs are sold there. But at this lower level of the state authorities, the problem is mainly related to the dismal working conditions and compensation obtained by officials. Indeed, local officials bluntly argue it is immoral to ask them to fully invest in their job considering the extremely low salaries, the lack of backup and resources of all kinds including fuel for cars, and the dangers involved in this line of work. Indeed, both the Kyrgyz state and the international community have grossly disregarded the law enforcement agencies. As a result, as in other former Soviet states, they remain the most unreformed and corrupt institutions of the state. In the aftermath of the elections, 2, young people from the Alysh clubs were gathered and fed for 25 days, stormed state offices in Jalal-Abad and Osh, and later reached Bishkek. But they lacked substantial funds and a wider popularity among the southern clans. Furthermore, the lack of a clear structure within the opposition movement made it possible for criminal leaders to infiltrate the movement and provide financial support. The allegations against specific individuals are found in open sources, especially the Kyrgyz and Russian media. Clearly, given the nature of the process, direct evidence is difficult if not impossible to obtain. Lingering allegations have been voiced for a number of years against numerous figures, most regularly against Bayaman Erkinbayev, one of the richest and most influential men in Southern Kyrgyzstan whose control of martial arts clubs was crucial in the initial phases of the protests in southern Kyrgyzstan. As Erkinbayev is an announced presidential candidate, the need to address these allegations is apparent. While the allegations remain to be proven, they form part of a larger trend spreading deep into the state hierarchy. In recent months, several government appointments have created consternation. The general population is not interested in knowing the real background of their deputies, as long as they keep providing services. The present political chaos and vacuum of legitimate power in Kyrgyzstan, and the ongoing power struggles within the political elite, perfectly suit the legalized criminal figures, who have been quick to fill this vacuum. In fact, they have already started to remove their opponents. Whether Kyrgyzstan will be able to shake off the influence of criminal groups over politics or will turn into a narco-state is too early to tell. What is clear is that unless this problem appears on the radar screen of the international community, very little is likely to change. Silk Road Paper S. Frederick Starr, U. Analysis Svante E. Oped S. Oped Svante E. Book S. Frederick Starr and Svante E. Silk Road Paper Svante E. Cornell, S. For 15 years, the Analyst has brought cutting edge analysis of the region geared toward a practitioner audience. Published in Analytical Articles. In this context, the vague concept of corruption is unsatisfactory to understand the processes occurring. The term State Capture is more appropriate, used to describe attempts by organized forces, whether legal or illegal, to buy, control, or otherwise influence administrative decisions, legislative acts, decrees, court verdicts, or state policy in general. This term nevertheless does not differentiate between the types of interests that seek to influence state institutions. When organized crime infiltrates the state in order to influence or affect its decision-making mechanisms, the process is qualitatively different than ordinary state capture, amounting to a criminalization of the state. In recent years, the former communist states of Eurasia have been particularly badly affected by this phenomenon, to a great extent because of the particular pathologies within the Soviet administrative system. The crippling effect of drug addiction, crime and corruption on the functioning of the already weak states of Central Asia is increasing rapidly, and endangering societal and economic security as well as political stability. Yet the effect of drug trafficking is not limited to this. Through a mix of corruption and violence, organized crime figures and networks in these areas has grown to a position of influence such that they have sought a commanding influence, in fact a degree of control, over the decision-making structures in certain states. The worst hit have been weak states hit by protracted internal conflict, such as Afghanistan, Tajikistan, and Georgia until the Rose Revolution. The first two have seen a growing influence on their political systems by individuals and networks deeply involved in the Eurasian heroin industry. Read times. Visit also.

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