Death_Penalty_2005_nowy.qxd
2005-09-08
17:00
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TAJIKISTAN
tion against torture and other ill-treatment, and the right of persons in detention to
be treated with humanity and dignity.
In April 2005, the UN Human Rights Committee stated that “a number of
persons sentenced to death were executed in spite of the fact that they had
petitioned the Committee under the Optional Protocol, and that the Committee had
issued a request … not to carry out their executions, pending consideration of their
cases by the Committee”.104
Pardon or commutation
The Constitution gives the president authority to grant clemency.105 Death
sentences may be commuted to 25 years’ imprisonment.106 The cases of all
individuals sentenced to death are automatically considered by the Clemency
Commission regardless of whether the person sentenced to death has submitted
an appeal for clemency.107 Sentences are not executed until a decision on clemency has been issued.
According to official statistics, the president pardoned 23 people who had
been sentenced to death in the period from 1999 through 2004.108
Relatives
Relatives are not informed in advance of the date of execution. The body is
not returned, and the place of execution and the place of burial are not disclosed.109
The Criminal Executive Code provides that the court that passed the death
sentence should inform the relatives of the fact that the execution has taken place;
however, it does not indicate the time frame after execution within which this
information should be made available to the relatives.
104
105
106
107
108
109
List of issues to be taken up in connection with the consideration of the initial report of Tajikistan,
CCPR/C/84/L/TJK, 29 April 2005.
Article 69 (27) of the Constitution. Article 216 of the Criminal Executive Code provides that individuals
sentenced to death can apply to the president for clemency.
Article 59 of the Criminal Code.
The Commission was established by Presidential Decree No. 721, 8 May 1997.
Initial report of Tajikistan submitted under Article 40 of the ICCPR, CCPR/C/TJK/2004/1, 11 April
2005.
Article 221, Criminal Executive Code. Information of this nature is treated as a state secret.
Article 9 (22), Law “On the enumeration of information constituting a state secret”, 10 May 2002.
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