Kyrgyzstan proposes up to five years in prison for damaging border fences

A bill submitted for public discussion in Kyrgyzstan would make intentional damage to state border infrastructure a separate criminal offense, punishable by two to five years in prison.

The proposed new Article 378¹ of the Criminal Code would cover engineering structures, barriers, border markers and other facilities used to mark and protect the state border. It would also apply to their illegal dismantling. The bill’s explanatory note says the Criminal Code currently has no specific provision for such acts.

The authors argue that damaging border infrastructure should not be treated simply as property damage. Such acts can create unauthorized crossing points and weaken the border protection system, they say. About 320 kilometers of engineering barriers have been installed along the Kyrgyz-Tajik border, according to the document.

The State Border Service says it has prevented 71 smuggling cases since the start of the year. In some cases, offenders allegedly damaged barriers before moving goods across the border. The bill cites a June 16 incident in which Batken Border Detachment guards detained two Kyrgyz citizens allegedly trying to drive 17 cattle and one horse into Tajikistan after cutting through barbed wire.

The authors note that acts intended to undermine economic security or defense capabilities, or destabilize the situation, can already fall under the Criminal Code’s sabotage provision. Deputy Baktyyar Kalpaev drafted the bill, whose adoption would not require additional budget spending.