Tajikistan - Revision history

IBJadmin: /* Resources */

2025-03-06T15:58:03Z

Resources

IBJadmin: /* Court Procedures */

2025-03-06T15:55:19Z

Court Procedures

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	There is no jury system in Tajikistan. Over the course of a trial, the court will hear the views of all participants and examines evidence. There are speeches from the prosecuting attorney, the victim, the person on trial, and the defence attorney, followed by the final plea of the person on trial. Trials are heard in Tajik and Russian, and the court can appoint an interpreter.		There is no jury system in Tajikistan. Over the course of a trial, the court will hear the views of all participants and examines evidence. There are speeches from the prosecuting attorney, the victim, the person on trial, and the defence attorney, followed by the final plea of the person on trial. Trials are heard in Tajik and Russian, and the court can appoint an interpreter.
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	<li>'''Sentencing:'''		<li>'''Sentencing:'''

	Possible sentences include fines, injunctions, engagement in public works. Correctional labour sentences comprise of restriction in military service, restrictions from certain activities, restrictions from working in legal institutions, imprisonment, detention in a disciplinary military unit, and capital punishment for terrorist offences resulting in fatalities, and war crimes (though there exists a moratorium on the death penalty).		Possible sentences include fines, injunctions, engagement in public works. Correctional labour sentences comprise of restriction in military service, restrictions from certain activities, restrictions from working in legal institutions, imprisonment, detention in a disciplinary military unit, and capital punishment for terrorist offences resulting in fatalities, and war crimes (though there exists a moratorium on the death penalty).



	<ul><li>Art.14 CEC 2001:		<ul><li>Art.14 CEC 2001:
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	7. Convicted persons on probation shall be supervised by inspection on correctional affairs. Convicted servicemen on probation shall be supervised by command of military units.” </ul>		7. Convicted persons on probation shall be supervised by inspection on correctional affairs. Convicted servicemen on probation shall be supervised by command of military units.” </ul>
	~~<br>~~
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	<li>'''Appeals:'''		<li>'''Appeals:'''

IBJadmin: /* Court Procedures */

2025-03-06T15:54:46Z

Court Procedures

← Older revision		Revision as of 17:54, 6 March 2025
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	==Court Procedures==		==Court Procedures==
	~~Information necessary for this section cannot be found online.~~

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	<li>'''Trial:'''		<li>'''Trial:'''
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	==Rights in Prison==		==Rights in Prison==

IBJadmin: /* Background */

2025-03-06T15:54:14Z

Background

← Older revision		Revision as of 17:54, 6 March 2025
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	The Republic of Tajikistan is located in Central Asia, bordered by Afghanistan, Uzbekistan, Kyrgyzstan, and China. It has a nationality of 9,245,937 (2023 est.), with 84.3% of the population being Tajik, and 13.8% being Uzbek1. The official language is Tajik. It declared itself as an independent nation in 1991, as the USSR was breaking down. Following this, a civil war arose, lasting from 1992 to 1997.		The Republic of Tajikistan is located in Central Asia, bordered by Afghanistan, Uzbekistan, Kyrgyzstan, and China. It has a nationality of 9,245,937 (2023 est.), with 84.3% of the population being Tajik, and 13.8% being Uzbek1. The official language is Tajik. It declared itself as an independent nation in 1991, as the USSR was breaking down. Following this, a civil war arose, lasting from 1992 to 1997.

			Tajikistan has been led by its President, Emomali Rahmon, since 1994, although general elections are held for the presidency every seven years. There are concerns about the abuse of the country’s electoral system. For instance, Rahmon banned Tajikistan’s last major opposition political party in 2015, and in the same year declared himself “Founder of Peace and National Unity, Leader of the Nation”, which has bestowed lifelong immunity upon him through amendments to the constitution.

	Tajikistan has been led by its President, Emomali Rahmon, since 1994, although general elections are held for the presidency every seven years. There are concerns about the abuse of the country’s electoral system. For instance, Rahmon banned Tajikistan’s last major opposition political party in 2015, and in the same year declared himself “Founder of Peace and National Unity, Leader of the Nation”, which has bestowed lifelong immunity upon him through amendments to the constitution2.		The country faces major economic challenges, for instance its dependence on remittances (which accounted for 30% of GDP in 2018), the opiate trade, and destabilizing violence emanating from Afghanistan3. Despite considerable socioeconomic reforms over the past twenty years, Tajikistan still has the lowest GDP per capita in Central Asia, with 27.4% of its population living below the national poverty line4. Since 2022, there have been armed clashes along its border with Kyrgyzstan.



	The country faces major economic challenges, for instance its dependence on remittances (which accounted for 30% of GDP in 2018), the opiate trade, and destabilizing violence emanating from Afghanistan3. Despite considerable socioeconomic reforms over the past twenty years, Tajikistan still has the lowest GDP per capita in Central Asia, with 27.4% of its population living below the national poverty line4. Since 2022, there have been armed clashes along its border with Kyrgyzstan.5



	Moreover, there are serious concerns about Tajikistan’s human rights record. In 2022, the Human Rights Watch stated, “Tajikistan’s human rights record continues to deteriorate amid an ongoing crackdown on freedom of expression and the political opposition, as well as the targeting of independent lawyers, journalists, and family members of opposition activists abroad. Authorities’ use of torture to obtain confessions remains a serious concern.		Moreover, there are serious concerns about Tajikistan’s human rights record. In 2022, the Human Rights Watch stated, “Tajikistan’s human rights record continues to deteriorate amid an ongoing crackdown on freedom of expression and the political opposition, as well as the targeting of independent lawyers, journalists, and family members of opposition activists abroad. Authorities’ use of torture to obtain confessions remains a serious concern.

IBJadmin: /* Legal Aid */

2025-02-25T09:24:13Z

Legal Aid

← Older revision		Revision as of 11:24, 25 February 2025
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	==Legal Aid==		==Legal Aid==

	Art.92 of Tajikistan’s constitution guarantees legal aid. The Ministry of Justice of Tajikistan is responsible for the management of free legal aid. The Judicial and Legal Reform Programme for 2015−2017 aimed to establish a free legal aid state system. In 2020, the Parliament adopted a Law on Legal Aid in Tajikistan which affirmed its commitment to the provision of free legal aid services. Currently, 34 cities and districts are covered by primary free legal aid sources. Secondary sources have been rolled out in the Sughd and Khatlon regions. 87,000 people have been able to use such services between 2016-2021.~~7However~~, access to justice remains an issue, particularly for poor people and those in rural areas. The sparsity of lawyers operating in Tajikistan as well as the slow court system means it can be difficult to obtain legal advice, meaning NGOs are still important in providing pro bono legal aid.		<li>'''State Sponsored legal aid:'''
			Art.92 of Tajikistan’s constitution guarantees legal aid. The Ministry of Justice of Tajikistan is responsible for the management of free legal aid. The Judicial and Legal Reform Programme for 2015−2017 aimed to establish a free legal aid state system. In 2020, the Parliament adopted a Law on Legal Aid in Tajikistan which affirmed its commitment to the provision of free legal aid services. Currently, 34 cities and districts are covered by primary free legal aid sources. Secondary sources have been rolled out in the Sughd and Khatlon regions. 87,000 people have been able to use such services between 2016-2021. However, access to justice remains an issue, particularly for poor people and those in rural areas. The sparsity of lawyers operating in Tajikistan as well as the slow court system means it can be difficult to obtain legal advice, meaning NGOs are still important in providing pro bono legal aid.
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	<li>'''Existing NGOs providing pro bono legal aid:'''		<li>'''Existing NGOs providing pro bono legal aid:'''
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	==Source of Defendants Rights==		==Source of Defendants Rights==

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2025-02-25T09:23:25Z

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← Older revision		Revision as of 17:58, 6 March 2025
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	==Resources==		==Resources==

	- https://www.cia.gov/the-world-factbook/countries/tajikistan/		- Central Intelligence Agency. The World Factbook: Tajikistan. Retrieved from https://www.cia.gov/the-world-factbook/countries/tajikistan/

	- https://www.bbc.co.uk/news/world-asia-16201032		- BBC News. (n.d.). Tajikistan Profile. Retrieved from https://www.bbc.co.uk/news/world-asia-16201032

	- https://www.hrw.org/world-report/2022/country-chapters/tajikistan		- Human Rights Watch. (2022). World Report 2022: Tajikistan. Retrieved from https://www.hrw.org/world-report/2022/country-chapters/tajikistan

	- https://www.undp.org/tajikistan/press-releases/conference-legal-aid-system-development-tajikistan-held-mark-fifth-anniversary-state-agency-legal-aid-center		- United Nations Development Programme (UNDP). (n.d.). Conference on Legal Aid System Development in Tajikistan Held to Mark Fifth Anniversary of State
			- Agency Legal Aid Center. Retrieved from https://www.undp.org/tajikistan/press-releases/conference-legal-aid-system-development-tajikistan-held-mark-fifth-anniversary-state-agency-legal-aid-center

	- https://www.undp.org/eurasia/stories/providing-access-justice-citizens-tajikistan#:~:text=Free%20legal%20aid%20centers%20have,a%20thousand%20clients%20per%20month.		- United Nations Development Programme (UNDP). (n.d.). Providing Access to Justice for Citizens in Tajikistan. Retrieved from https://www.undp.org/eurasia/stories/providing-access-justice-citizens-tajikistan#:~:text=Free%20legal%20aid%20centers%20have,a%20thousand%20clients%20per%20month.

	- https://lawyersforlawyers.org/en/lawyers-day-in-tajikistan-3/		- Lawyers for Lawyers. (n.d.). Lawyers’ Day in Tajikistan. Retrieved from https://lawyersforlawyers.org/en/lawyers-day-in-tajikistan-3/

	- https://www.state.gov/wp-content/uploads/2023/02/415610_TAJIKISTAN-2022-HUMAN-RIGHTS-REPORT.pdf		- U.S. Department of State. (2023). Tajikistan 2022 Human Rights Report. Retrieved from https://www.state.gov/wp-content/uploads/2023/02/415610_TAJIKISTAN-2022-HUMAN-RIGHTS-REPORT.pdf

	- https://www.gov.uk/government/publications/tajikistan-prisoner-pack/tajikistan-legal-and-prison-systems		- Government of the United Kingdom. (n.d.). Tajikistan Legal and Prison Systems. Retrieved from https://www.gov.uk/government/publications/tajikistan-prisoner-pack/tajikistan-legal-and-prison-systems

	- https://www.ohchr.org/sites/default/files/Documents/HRBodies/CCPR/GConArticle9/TRIAL.pdf		- Office of the United Nations High Commissioner for Human Rights (OHCHR). (n.d.). General Comment on Article 9. Retrieved from https://www.ohchr.org/sites/default/files/Documents/HRBodies/CCPR/GConArticle9/TRIAL.pdf

	- https://cabar.asia/en/tajik-experts-oppose-the-abolition-of-the-moratorium-on-the-death-penalty		- CABAR Asia. (n.d.). Tajik Experts Oppose the Abolition of the Moratorium on the Death Penalty. Retrieved from https://cabar.asia/en/tajik-experts-oppose-the-abolition-of-the-moratorium-on-the-death-penalty

	- https://lawyersforlawyers.org/wp-content/uploads/2021/03/UPR-Tajikistan-L4L-and-IBA-March-2021-final-version.pdf		- Lawyers for Lawyers & International Bar Association. (2021). UPR Submission: Tajikistan. Retrieved from https://lawyersforlawyers.org/wp-content/uploads/2021/03/UPR-Tajikistan-L4L-and-IBA-March-2021-final-version.pdf

	- https://tj.usembassy.gov/wp-content/uploads/sites/143/TAJIKISTAN-HRR-2017-ENG-FINAL.pdf		- U.S. Embassy in Tajikistan. (2017). Tajikistan Human Rights Report 2017. Retrieved from https://tj.usembassy.gov/wp-content/uploads/sites/143/TAJIKISTAN-HRR-2017-ENG-FINAL.pdf

	- https://www.ohchr.org/sites/default/files/lib-docs/HRBodies/UPR/Documents/session12/TJ/JS4-JointSubmission4-eng.pdf		- Office of the United Nations High Commissioner for Human Rights (OHCHR). (n.d.). Joint Submission 4 – Tajikistan. Retrieved from https://www.ohchr.org/sites/default/files/lib-docs/HRBodies/UPR/Documents/session12/TJ/JS4-JointSubmission4-eng.pdf

Tajikistan - Revision history

IBJadmin: /* Resources */

IBJadmin: /* Court Procedures */

IBJadmin: /* Court Procedures */

IBJadmin: /* Background */

IBJadmin: /* Legal Aid */

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IBJadmin: Created page with " {{Languages|English}}
⚠️ THIS PAGE IS CURRENTLY UNDER LEGAL REVIEW.
If you are a practicing attorney in this jurisdiction and can provide corrections, please get in touch with us at internationalbridges@ibj.org.
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