As mentioned above, on 14 May 2016, the President signed amendments to the Law on Detention
Procedures and Conditions for Suspects, Accused Persons and Defendants (further Law on Detention
Procedures) and to the Criminal Procedure Code (CPC), improving legal safeguards in detention for
those held under criminal proceedings. For example, the amendments provided for improved
detention registration procedures and the rights to promptly inform family and legal counsel. The
amendments also stipulated that detention begins from the moment of de-facto deprivation of liberty
and that the identity of all detaining officers should be recorded. In addition, an obligatory medical
examination was introduced prior to placement a suspect in a temporary police detention facility.
On 2 January 2020, President Rahmon signed laws and amendments relating to torture/ill-treatment,
some of which further strengthened legal safeguards in detention particularly in regard to minors.
On 4 July 2020, amendments were made to the CPC removing “gravity of the punishment” as grounds
for remanding a suspect in custody. Also, on 2 February 2021, amendments to the Law on Detention
Procedures entered into force, meaning a lawyer can now access detainees on the basis of the legal
license,
and
no
longer
requires
permission
from
the
investigator.
However, the above amendments are not consistently implemented in practice. Most allegations of
torture and ill-treatment continue to originate in the time between the arrest and the placing of the
suspect in a temporary police detention facility.
In addition to ensuring the consistent implementation in practice of existing legal safeguards, further
amendments are needed. For example, Article 92, part 3 of the CPC, which applies to adults and minors
alike, provides that a maximum of 72 hours may elapse from the moment of apprehension until a
detainee is brought before a judge. The Human Rights Committee and the Special Rapporteur on
Torture recommended that this period be limited to a maximum of 48 hours. In paragraph 83 of its
2007 General Comment No. 10, the Committee on the Rights of the Child recommended that for
minors this time period should not exceed 24 hours.
After the May 2016 amendments the CPC now unequivocally stipulates that detainees are entitled to
access to a lawyer as of the moment of their actual detention. However,
this provision is not consistently implemented in practice (For additional information please
see:
https://www.iphronline.org/tajikistan-torture-ill-treatment-the-death-penalty-andthe- shrinking-space-for-ngos.html).
The February 2021 amendments clarified that lawyers need only show their practice license in order
to access their clients in detention; this legislation applies to all types of detention facilities in the
country. This is a significant development, but further monitoring is required to assess its
implementation.
Independent lawyers faced major obstacles to accessing their clients in pre- and post-trial detention
facilities. In the period under review, they were typically refused access to detainees held in pre-trial
detention facilities under the State Committee for National Security. Staff of investigation-isolation
facilities (SIZOs according to the Russian acronym), often referred to internal regulations preventing
them from granting access to lawyers.
Complaints and investigations:
Complaints about torture and ill-treatment are often not investigated effectively because the
investigating institutions are not sufficiently independent. No separate and independent mechanisms
capable of carrying out effective criminal investigations and prosecutions have been set up in Tajikistan
despite recommendations by the CAT, the Human Rights Committee (HRC) and the Special Rapporteur
on torture. The authorities have repeatedly stated that what they claim to be a low number of torture
cases does not warrant this.
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