The Death Penalty in the OSCE Area suspects, witnesses or arrested persons; the absence of any provision prohibiting the use of unlawfully obtained evidence in Tajikistan’s criminal procedure law; widespread reports of the obstruction of detainees’ access to a lawyer; the lack of equality of arms between the suspect/accused or defence counsel and the prosecution both during a criminal investigation and in court, in particular that a prosecutor, rather than a judge, remained responsible for authorizing arrests; the lack of independence of the judiciary, as reflected in the process of appointment and dismissal of judges, as well as in their economic status; the military courts having jurisdiction to try criminal cases concerning both military personnel and civilians; and reports of several convictions in absentia, notwithstanding the prohibition by law of trials in absentia.93 On 30 December 2005, after his visit to Tajikistan, the special rapporteur on the independence of judges and lawyers welcomed a number of significant and far-reaching reforms affecting the judiciary that had been introduced in Tajikistan. However, he expressed his concerns about the dominant role of the prosecutor in the judicial process. He also noted the vulnerable position of lawyers, the lack of appropriate training on international standards governing the independence of the judiciary for all legal professions, and that the executive branch remained very influential in the selection and appointment procedures for judges.94 Pardon or commutation The Constitution gives the president authority to grant clemency.95 Death sentences may be commuted to 25 years’ imprisonment.96 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.97 Sentences are not executed until a decision on clemency has been issued. All existing death sentences imposed prior to the moratorium have been commuted.98 93  Concluding observations of the Human Rights Committee: Tajikistan, U.N. Doc. CCPR/CO/84/ TJK, 18 July 2005, paras. 10, 11, 12, 15, 16, 17, 18, and 19. 94  Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, Addendum, Mission to Tajikistan, E/CN.4/2006/52/Add.4, 30 December 2005, paras. 85, 86, and 87. 95  Article 69 (27) of the Constitution. Article 216 of the Criminal Execution Code provides that individuals sentenced to death can apply to the president for clemency. 96  Article 59 of the Criminal Code. 97  The Commission was established by Presidential Decree No. 721, 8 May 1997. 98  Initial Report of Tajikistan submitted under Article 40 of the ICCPR, U.N. Doc. CCPR/C/ TJK/2004/1, 11 April 2005. 29