"the Laws Do Exist but They Do Not Work": Failures in the Institutional Response to Domestic Violence in Kyrgyzstan

Background: This study examines limitations in institutional responses to domestic violence (DV) in Kyrgyzstan. Despite progressive laws on combating DV and international human rights commitments, the prevalence and severity of DV in the country are rising due to persistent cultural norms which legitimize DV and an associated failure to ensure effective implementation. This study is among the first to examine the institutional unresponsiveness to DV from the perspectives of the professionals who are on the frontlines. Along with systemic and legal barriers, this study sheds light on the factors limiting effective law enforcement and judicial response, and motivations to improve collaborative inter-agency prevention and intervention mechanisms.

Methods: The study used a qualitative, grounded theory methodology. The sample included 60 expert interviews held with professionals in the criminal justice, public health, education, and social welfare sectors. The interviews were audio-recorded, transcribed verbatim, and translated into English. Data were analyzed using constant comparative method.

Results: Findings reveal the structural and legal barriers women face in help-seeking and reporting DV. The findings highlight several problematic issues: a lack of material resources, including social and financial capital, scarcity of housing and employment opportunities, a lack of crisis centers and services to meet the needs of victims, a lack of understanding of the forms of violence and the entrenched normalization of violence in Kyrgyz society, a lack of legal protections for victims, and a general distrust on the part of victims in formal services.

In terms of legal barriers to help-seeking, ineffective sanctions for perpetrators which have created a culture of impunity are highlighted, as well as re-victimization throughout the legal process. The police response to victims is a determining factor in a victims’ decision to report. Violence committed by law enforcement and the mutual protection and solidarity by the police with the abuser are also highlighted.

A number of factors limiting an effective judicial and law enforcement response includes abuse of power, corruption and bribery, high staff turnover and bureaucratic lengthy procedures. The tension between law enforcement and judges, a scarcity of neighborhood and female police, and professional limitations such as limited police authority and a softened penal system are also identified as constraints in the criminal justice response.

Additional barriers identified in interviews are the combination of ineffective social, educational, and health sector responses. The lack of preventive activities, including the lack of an overarching strategy for prevention coupled with adequate funding, and early intervention to address the harmful social norms that underpin DV are also identified. Finally, the lack of data to understand the prevalence of the problem, and risk and protective factors to inform interventions are also underscored.

Implications: The results demonstrate that it is not only women who feel powerless in seeking formal help, but also institutional actors themselves, particularly police and judges, who feel constrained in their power to ensure effective support due to inconsistent mechanisms prescribed by the laws. The results show that reform of the cultural normalization of DV is the critical arena for improving institutional responsiveness.