The Akyikatchy Institute (Ombudsman) of the Kyrgyz Republic considers it inadmissible to violate the status of a citizen of any person in the territory of the Kyrgyz Republic. B. Temirov a citizen of the Kyrgyz Republic could not be forcibly expelled from the country against his will. The Office of the Procurator-General shall take urgent measures to ensure the consistent and uniform application of the guarantees of the Constitution of the Kyrgyz Republic for all citizens without exception, since tomorrow at the whim of any law enforcement official the rights of half a million Kyrgyz citizens who simultaneously hold Russian citizenship will be at risk (Ministry of Social Development data, source: https://rg.ru/2022/10/05/kazhdyjvtoroj-poluchil-pasport-rf.html).

1.The Institute of the Ombudsman from the very beginning of the criminal prosecution of journalist B. Temirov notes that the criminal cases against him are unfounded, contrary to the principles of criminal proceedings provided for as national legislation, and the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), on the following reasons.
The investigative authorities have violated the requirements of article 27, paragraph 1(12) of the Code of Criminal Procedure of the Kyrgyz Republic, according to which criminal proceedings may not be initiated and the case may be terminated because of the statute of limitations for criminal proceedings under art. 2. 2. 379 of the Criminal Code, since the alleged crime of B. Temirov in the form of "forgery of documents" was committed in 2008 and the statute of limitations under it expired in 2013.
In all criminal cases against B. Temirov, there were many procedural irregularities and shortcomings, which the Ombudsman Institution has repeatedly stated. While in some cases the law enforcers exceeded the legal authority, in others the principles of criminal prosecution were not fully observed. The Office of the Ombudsman has previously noted that the courts cannot compensate for investigative errors, procedural irregularities and shortcomings of the investigation during the trial.
As a result of such intentions, the whole sensible society of the country witnessed the violation of the rights of a citizen of the Kyrgyz Republic because of the verdict of the court that happened on 23-November.

2. The verdict of the Bishkek City Court of 23 November 2022, according to which Bolot Temirov was immediately expelled from the country, was issued in violation of the guarantees of the status of a citizen provided for in article 51 of the Constitution of the Kyrgyz Republic, article 15 of the Universal Declaration of Human Rights, requirements of the Code of Criminal Procedure.
B. Temirov was punished as if he was not a citizen of the Kyrgyz Republic, although according to article 11 of the Law «On Citizenship of the Kyrgyz Republic» he acquired citizenship by birth. The fact of his birth in Osh in 1979 is not disputed by anyone.
The issuance of a citizen’s passport of the Kyrgyz Republic to B. Temirov in 2008 is only a formal confirmation of the fact that he is a citizen of the Kyrgyz Republic. It should be noted that the revocation (by decision of the investigator) of a national passport issued in the name of Temirov Swamp cannot be considered to deprive him of Kyrgyz citizenship.
Under article 51, paragraph 2, of the Constitution, no citizen may be deprived of his or her citizenship. The provisions of the Constitution and international law guarantee the prohibition of denationalization against the will of the citizen.
The Bishkek City Court, in imposing an additional penalty of expulsion on B. Temirov, violated the requirements of article 349 of the Code of Criminal Procedure, according to which the court shall pronounce a guilty verdict without sentencing if the statute of limitations for the prosecution of a person for this offence has expired at the time of its issuance.
Even if we follow the logic of the judges of the Bishkek City Court and ignore the fact that B. Temirov holds Kyrgyz citizenship, having seen only Russian citizenship, the judges violated the requirement of article 70 of the Criminal Code, according to which expulsion from the territory of the Kyrgyz Republic is applied to a foreign national only after serving a sentence. As for B. Temirov, not only did he not serve his sentence, but he did not receive it at all.

The plenary of the High Court of the Kyrgyz Republic, in its decision «On judicial practice on sentencing» dated 26.02.2021, directly recommends to the courts, if necessary, after serving the sentence, to impose a measure of state coercion as «expulsion from the country», at the same time, the nature of the crime committed and the harm inflicted, as well as the personality of the convicted person, the social danger of the crime committed and the consequences in each case individually shall be taken into account. As we can see from the verdict of the Bishkek City Court from 23.09.2022. The court did not specify the required justification for the expulsion or an assessment of the public danger of finding B. Temirov’s identity in Kyrgyzstan.

3. The law enforcement officers exceeded their authority, abusing their position by arbitrarily interpreting the sentence of the court, immediately after its announcement, using brutal physical force in a forcible and hasty capture B. Temirov and forced him out of the country.
At the immediate expulsion of B. Temirov immediately after the announcement of the verdict of the court, the law enforcement officers exceeded their authority, as the court’s verdict does not provide for «immediate» expulsion, or «expulsion from the country from the courtroom».
In addition, it should be borne in mind that the legislation of the Kyrgyz Republic does not provide for a procedure for the forced expulsion from the country of a citizen of the Kyrgyz Republic or a citizen of the Kyrgyz Republic who simultaneously has the citizenship of another State.

Even if law enforcement officers, following the logic of the judges of the Bishkek City Court, ignored the fact that B. Temirov had Kyrgyz citizenship, recognizing only the citizenship of the Russian Federation, by their actions they violated the requirements of the legislation on prior notification before the expulsion of a foreign citizen and expelled B. Temirov without valid documents for the right to cross the state border.
Paragraph 11 of the Instruction on the expulsion of foreign citizens and stateless persons after serving a sentence for a crime or misdemeanor committed outside the Kyrgyz Republic, approved by a decision of the Government of 26 March 2020, Provides for mandatory prior notification of the expulsion of a foreign national or stateless person, three days before expulsion.
In violation of the above-mentioned Instruction during the expulsion of B. Temirov, law enforcement officers failed to provide the expelled person with appropriate valid identity documents, as well as granting the right to cross the state border.
Thus, by violating the rights of B. Temirov, the law enforcement officers deprived him of the opportunity to collect the documents, bank cards, money, things and other essentials necessary to stay in another country, which has limited his ability to move freely, to be safe and not to be detained in another country.
In connection with the flagrant violations of the rights of B. Temirov, the Institute of the Ombudsman has formally appealed the Prosecutor-General of the Kyrgyz Republic with an act of reaction to bring to justice law enforcement officials who have violated the human rights guaranteed by the Constitution. 
Also, Akyikatchy A. Abdrakhmatova appealed to the Commissioner for Human Rights in the Russian Federation with a request to assist in the realization of the rights of Temirov Bolot Mamatkasymovich to timely documentation, legal and other assistance necessary for life in the territory of the Russian Federation.