The human rights ombudsman office in Kazakhstan has initiated changes to the criminal law with the aim of preventing bride kidnapping, a prevalent issue in the country, especially in southern regions, gov.kz reports.
The proposal involves adding a separate article, which addresses the issue of bride abduction, to the Criminal Code. The ombudsman's statement, released on August 4, emphasizes that this legal amendment would have a preventive effect, reducing crime against women.
The analysis of crimes related to kidnapping reveals that since 2019, 214 such crimes have been recorded in Kazakhstan.
Moreover, in the last two and a half years alone, 300 murders have been committed by domestic aggressors in the country. of which 913 cases were recorded as cases of grievous bodily harm, and 837 cases of moderate bodily harm. More than 37,000 people are brought to justice for the crimes they've committed.
Additionally, the proposal includes the removal of the note that currently allows offenders to be exempt from criminal liability if the victim is voluntarily released. The Office of the ombudsman cites the criminal legislation of other Central Asian countries like Uzbekistan, Kyrgyzstan, and Turkmenistan, which already have specific articles addressing the abduction of women for forced marriage.
The General Prosecutor's Office has expressed support for the Ombudsman's proposal, and the changes will be introduced as part of the draft law. The report highlights the severity of the issue, with cases of bride kidnapping leading to sexual harassment, discrimination, illegal detention, and even suicide.
However, due to the lack of a distinct crime category for the abduction of girls for marriage, reliable statistics on the prevalence of this specific crime are unavailable. The Ombudsman's office believes that many young people are unaware of the criminal responsibility associated with such actions, leading to a lack of understanding that human rights and privacy are severely violated in these cases.
To this day the tradition of bride abduction is common not only in Kazakhstan but also in Kyrgyzstan and some parts of Uzbekistan. The tradition stems from ancient practice when a girl would run away together with her loved one if parents on either side would not agree to their marriage.
However, as time passed the tradition grew into the crime of bride abduction, which in all cases involves mental and physical violence against females. Even though almost all CA countries criminalize this action, it is still widespread, as most of the cases go unreported. The reason for this being the culture of "saving face" among more traditional rural societies.
Reports say that among Kyrgyzstan's rural population, 1 in 3 marriages are the result of abduction. In 2017, there were 91,631 crimes committed against women in Kazakhstan, and this is only the reported cases. Whereas in Uzbekistan, in 2021 alone, around 93,000 marriages were registered with girls under the age of 20. However, at the beginning of 2023, a law criminalizing domestic violence was enforced in the country.
The studies show that cases of bride abduction and domestic violence are less common in capital cities, where education is better and traditions are not as highly regarded as in rural communities.
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