TAJIKISTAN

VIOLATION OF HUMAN RIGHTS REPORT

JANUARY 2016

CONTENTS
4

I- INTRODUCTION

II- ABOUT TAJIKISTAN

III- EVENTS AND CRISIS

The period after independence, civil war and political developments
Islamic Revival Party of Tajikistan
The General Abdulhalimov Nazarzoda incident and developing events which followed

12

IIII- VIOLATIONS
Death and injuries
Allegations of torture and ill-treatment

PREPARED BY
Gulden Sonmez, International Lawyers Association Member Lawyers Association Member,

Fair Trial

Cihat Gokdemir, Chairman of the International Law Center, the Lawyers Association Member,

Freedom of speech

Emine Yildirim, International Lawyers Association Member and Board Member of the Lawyers Association

Closure of party and freedom of organization

Omer Faruk Yildirim, Yeryz Lawyers Association,

Freedom of religion

Cavit Tatli,Yeryz Lawyers Association, Member of the Association of Lawyers

Dagir Khasavov SPAR Russian Lawyers Association Member Rusya

Unlawful Detentions

23

V- LEGAL BASIS AND INTERNATIONAL LAW

34

VI- CONCLUSONS AND RECOMMENDATONS

Tajikistans Human Rights Committee at a press conference in Dushanbe 21-01-2016

said such a request should be made through the
Ministry of Foreign Affairs upon this, a request
was made to Tajikistans Ministry of Foreign Affairs
to visit;
1. Zarafo RAMONI

I. INTRODUCTION

2. Buzurgmehr YOROV
3. Domullo Zubaydullahi RAZIK
4. Seyid Omer HUSEYINI

Turkish and Russian lawyers have formed a delegation to review human rights in Tajikistan after
recent reports and events which followed the ban
and closure of the Tajikistan Islamic Revival Party
(TIRP) in September 2015, party members imprisonment and serious human rights violations they
faced as well as pressure and restrictions imposed
on Tajik Muslims. The Tajikistan Human Rights
review delegation has decided to visit Tajikistan
between 21-23 January 2016.
Att. Gulden Sonmez, International Lawyers
Association Member Lawyers Association Member,
Att. Cihat Gokdemir, Chairman of the
International Law Center, the Lawyers Association
Member,
Att. Emine Yildirim, International Lawyers
Association Member and Board Member of the
Lawyers Association

Att. Omer Faruk Yildirim, Yeryz Lawyers

Association,
Att. Cavit Tatli, Yeryz Lawyers Association,
Member of the Association of Lawyers
Att. Dagir Khasavov SPAR Russian Lawyers
Association Member
Zaur Bayoghlu as the translator, the delegation headed to Tajikistan on 21 January 2016 but
only half of them were granted visas to enter the
country.
Before the delegation left, they notified the
Dushanbe Embassy and the Prosecutors Office
in Turkey both written and in person.
A portion of the delegation who reached Tajikistan
first met with the Tajikistan International Relations
Prosecutor Officer and told them that they would
like to see those in prison but the prosecutor

5. Mehmet Ali HAYIT

6. Hikmetullah SAYFULLAHZADE
who was kept in prision or held in custody.
A written request was submitted in order to visit those whose names was mentioned above,
however, it was not notified whether or not the
request had reached the officials and even if it
was accepted, it later got rejected. Upon this,
the delegation got in contact with close relatives
of some of the victims. They also got in contact
with some of their lawyers.

Yildirim and translator Zaur Bayoghlu were kept

by Tajik intelligence in their hotel and had their
passports and phones confiscated. They were
then forced out of their hotel and taken into
interrogation. The translator was beaten while
being forced to enter the car.
The delegation of lawyers who were kept in custody for approximately 12 hours, objected to the
matter. After public pressure they were released
on condition of boarding a plane at the airport.
The delegation who were held for questioning
said frustration was voiced over the human rights
investigations. This report has been prepared on
the basis of information and documents obtained
during the visit to Tajikistan. Many of the information and data were gathered through interviews,
investigations and research.

The Tajik governments oppression does not only

apply to those accused. Their families and lawyers
also face hardship and have their rights violated. For
this reason, the names of those interviewed will not
be mentioned in this report.
Delegation members Gulden Sonmez, Emine

Members of the Human Right Committee arrive in Turkey,

after being detained in Tajikistan.

III. EVENTS AND CRISIS

Post Independence, the Civil War and Post Developments
For nearly a century, the Muslim Tajik population
have faced great difficulties and suffered dearly
from the attacks of Tsarist Russia and Bolsheviks.
Scholars were killed, religious and cultural heritage
was ruined and literature being destroyed. In the
early seventies, the movement of political Islam
emerged and soon after in 1973, a young Tajik
Muslim youth named Sayyid Abdullah Nuri established the Islamic Youth Organization.

II. ABOUT TAJIKISTAN

The Tajik population are of Persian origin.
Throughout history their territorial land has been
ruled by the Persians, Alexander the Great and
various Turkish states. Between the 7th and 8th
centuries the Muslim Arabs conquered the region
and named it Transoxiana. In a short time, the
Tajiks embraced Islam, and were deeply affected
by the culture and language of the Turks in the
region.

a mountainous country and does not have a coastal

In 1917 the Russians invaded Tajikistan and in 1929

- 6% from other nations

became a member of the Soviet Union which consisted

region. With a relatively high population growth rate,

data from the 2013 census shows Tajikistans population

The highlight of the organizations program is returning youth who underwent communist education to their cultural foundations, establishment of
study circles and reviving the Islamic tradition through the publication of religious books. Despite
being free from violence, the activities were carried
out in complete privacy due to external pressure. After the collapse of the Soviet Union and
Tajikistans declaration of independence, people
attempted to return to their cultural and religious
roots but the military and civilian elite, who were
enemies to its own people and still under the Soviet
influence, attempted to draw public awareness

against Muslims by drawing conspiracies under

the Tajik nationalism movement in 1992.
Militias were formed and Muslims began to face
armed attacks, people were killed, goods were
usurped, their houses were burned, they were
imprisoned and subjected to torture. Due to the
oppression, more than a million people were
forced to migrate to neighbouring countries or
have been banished. At the end of all these attacks
and torture, the Islamic movement declared that
they were forced to use weapons to protect
their life, property and preserve their honour
and faith. The command of the armed resistance was transferred to Afghanistan. The process
called the Civil war in Tajikistan began in 1992
and continued until 1997. In 1997 a group called
the Renaissance movement proceeded towards
the armed forces capital Dushanbe, the regime
was then forced to make peace. The peace talks
were sealed by the TIRP along with the United
Tajik Opposition leader, Said Abdullo Nuri and
Tajik President Imam Ali Rahman.

at 8,208 million.
- 62% of the population is made up from Tajiks
- 24% from Uzbek Turks
- 8% from Russians

of 15 Soviet Socialist Republics. After reforms which

- 95% of the population are Sunni Muslims.

emerged in the Soviet Union in 1989, Tajikistan held

The countrys largest cities are Dushanbe, Kulyab,

multiparty elections for the first time. Tajikistan dec-

Kurgantepa, Horug and Hucand. With a surface area

lared its independence in 1991 and in the same year

of 143,100km2, most people in the country earn a

joined the Commonwealth of Independent States.

living from the cotton industry, farming and agriculture.

Despite being rich in natural gases, uranium, coal, iron

Tajikistan is managed by the semi-presidential system

ore etc, Tajikistan is among the poorest Central Asian

and has a double winged parliamentary system. The

Republics in terms of income per capital. Tajikistan is

president of the country is Imam Ali Rahman.

The President of Tajikistan mam Ali Rahman

learnt the fundamentals of Islam from his family

upbringing. KABIRI, a member of the International
Islamic Forum served as deputy parliament chairman in Tajikistan between 2005-2015. He is known
as the International Islamic leaders in Central Asia.
He has sent several documents to many Western
and Arab countries including the European Union.
The TIRP presidents native language is Persian
and knows fluent Russian, English and Arabic. His
married and has 7 children.

Tajikistan Islamic Revival

Party (TIRP)
The agreement included, the integration processes of armed groups linked to the United Tajik
Opposition and the National Armed Forces, the disarmament process, the legalization of the TIRP, a
30% quota granted to the United Tajik Opposition
in state management and topics generated to
guarantee the implementation of the agreement.
The peace agreement was signed in Kremlin on
June 27, 1997 in the presence of the UN, Russia,
OSCE, the Organization of Islamic Conference
and seven other countries (Afghanistan, Iran,
Kazakhstan, Kyrgyzstan, Pakistan, Turkmenistan
and Uzbekistan). The civil war in Tajikistan has lead
to the death of 150 thousand people, forced over
1 million people to migrate and caused the country
to face a financial loss of about 6.2 million Euros.
The most important points in the peace agreement were;
1. The official recognition and registration of
the Islamic resistance movement as a legal
political party.
2. The armed fraction of the Islamic resistance
movement joining the National Army.
3. Government authorities given to 30% of the
United Tajik Opposition including all public
staff.
4. The war to end and those forced to flee or

exiled given permission to return to their homeland.

However, the Tajik government did not comply
with almost any of the Peace agreement substances. It imposed arbitrary practices, violated
rights and increased oppression and injustice. It
arrested TIRP managers and members, brought
them to trial and began to torture those in prison.
Muhiddin Kabiri TIRP chairman KABIRI, was born
in Faizabad district on 20 July 1965.

The Islamic Revival Party of Tajikistan was the second largest party in the country and the only legally
established Islamic political party in Central Asia,
until it was closed in September 2015. Also, during
Imam Ali Rahmans 22 years of presidency, it was
one of the only real opposition parties. TIRP was
not only a religious and political movement but also
a social phenomenon. TIRP was a unique example
of Islamic movement party which made a peaceful
contribution to the politics of a secular state in the
Central Asia region.

The Cumhuriyet newspaper, making reference to

TIRP leader KABIRI, had a headline which warned
of not taking Egyptian politician Mohammed MURSI
as an example. Kabiri, should learn a lesson from
Mursis case and that the Muslim brotherhood wanted to return to power in Egypt however, they were
only able to govern for 1 year, and was imprisoned
through military intervention, the article wrote
making mention of past events, with the intention
of intimidating. In its article in 2014, direct attacks
on TIRP and its members had increased. It was
preparing the public with media close to the regime
about rumours that TIRP members had a lot of
partners, sex tapes and sent fighters to help DAESH
in the Syrian war.
Tajikistan president of the Center for Strategic
Studies assistant Saifullo Safarov stated that no
action had been taken against TIRP and the Tajikistan
Constitution permitted for an Islamic Movement to
engage in activities, each party is equal before the law
and each one is undertaking equal opportunities.

The only legal Islamic party in Tajikistan is TIRP.

KABIRI and its TIRP party, is a strong opposition
party in Tajikistan. More than 10 books and over
100 articles have been published and in addition,
he has given many interviews. Tajik and Russian
speeches, articles and books are works associated
with Islam in Central Asia. Many official awards can
be found. The Proudness award was given to him
by the Tajikistan President Emomali Rakhmonov.
After graduating from Soviet high school in 1982,
he began his studies in Tajikistan State University
and after he graduated continued his postgraduate degree with a student scholarship in Sanaa
University in Yemen.
Between 92-97, the period when the civil war
broke out between government and the Islamic
opponents, he went to Moscow to begin his doctoral studies. KABIRI, born into a religious family,

On February 27, 2005 TIRP won 8% of the valid

votes in Tajikistans parliamentary elections and
won 2 out of the 63 seats. In 2006 it boycotted
the presidential elections and did not participate in
the elections. The president of TIRP Said Abdullah
Nuri passed away in 2006 and Muhiddin KABIRI
became the new president of TIRP. In 2010 elections, President Imam Ali RAHMAN won 55 of the
63 seats in the Peoples Democratic Party. TIRP on
the other hand won only 2 seats. Despite this, with
42,000 members in state it continued to intimidate
president Imam Ali Rahman and the regime.

The ongoing pressure and persecuation against

TIRP increased as March 1 2015 parliamentary
elections approached. More than half of TIRPs
160 candidates reportedly failed the compulsory
Tajik language test and was said to not be qualified
to enter the elections. State television and radio
committee, claimed that TIRP had produced its
election promotion videos in an unlicensed studio
therefore, prevented it from being aired.

Muhiddin Kabiri

A number of TIRP candidates withdrew from the

elections due to family or health issues, through
fake letters sent to election officials.

te and Nazarzoda was involved in the rebellion.

Buzurgmehr YOROV, a lawyer to many TIRP members who were taken into custody was later arrested
himself. After he was arrested he was accused for
scams and fraud. The main reason for Buzurgmehr
YOROVs arrest was stating that SaidOmer Huseyni
suffered torture.
According to an initial statement issued by the General
Prosecutors Office on 17 September, Nazarzoda
was accused of being the ringleader and was taken
into custody in order to prevent terror attacks by
TIRP members. The process to close the party sped
up and those in government institutions with no link
to the state were removed after Nazarzoda and his
supporters were accused of the attack.

When TIRP could not pass through the 5% election threshold, it lost its only 2 seats in parliament.
Although the Tajik regime says that elections are
held in a free, transparent and democratic manner,
authorities from the former Soviet states always praise
Tajikistan elections .The Organization for Security
and Cooperation in Europe (OSCE), never declared
the elections in Tajikistan to be free and fair.
Besides the scandals and pressure before and after the
election, another Tajik opposition leader of Group
24, Umarali QUVVATOV was killed in Istanbul on
March 2015. KABIRI the TIRP leader and KABIRIS
friends were forced to leave Tajikistan for the security
of their own lives.
After TIRP was shut down, the General Abdulhalimov
Nazarzoda event and the events which followed; on July
2015 TIRP, filed a complaint against the guarantor of
the peace agreement, the UN, OSCE and Russia over
state bodies targeting individuals, parties and religious
groups through illegal and unconscionable actions.
Upon TIRPs request to hold a congress, the Tajikistan
Ministry of Justice sent an official letter on 28 August
2015 stating that all illegal activities should come to
an end in 10 days.
The statement wrote that TIRP which had been left
outside the parliament and was no longer a party at

10

the republican level, and also did not have sufficient

members to be counted in as registered party, and
that according to the law in Tajikistan, a party which is not at the republican level is prohibited from
organising a congress The Ministry of Justice gave
TIRP until 7 September, a 10 day period to put an
end to all of their activities.
The sufficient number of members stated by
Tajikistans Constitution was 1000, while TIRP members during that period waere over 400,000. This
shows that the primary purpose was to stop the
partys activities. They reflected such a perception
to the public by saying that there were not enough
party members, and to close representative offices
one by one, they forcibly wrote applications to them.
On 4th of September 2015, they claimed that the
deputy defence minister General Aldulhalimov
NAZARZODA and its supporters organised an
attack on a police station and weapons depo in
Dushanbe. 39 people, including 14 police officers
were killed in the attack and many were left wounded.
On 16th September General Aldulhalimov Nazarzoda
and his supporters were killed in a special operation,
about 2 weeks after they were accused of carrying
out the attack. On 16th and 17th of September, 13
important members of TIRP were taken into custody
over allegations that Nazarzoda was a confedera-

At the request of the Tajik state prosecutors on

29 September, the high court listed the TIRP, a leading opposition party with 40,000 active members
who were banned and closed in the beginning of
September, in its blacklist as a terrorist group. With
this decision, TIRPs newspaper, Nejat (Salvation/
Liberation) was closed and the distribution of any
video, voice recording or written material with its
signature was banned.
Ravina SHAMDASANI who spoke in Geneva on
behalf of the UN High Commissioner for Human
Rights on October 2 2015 said they were concerned about the increasing violations of human rights
as TIRP members were arrested after the closure
of the party since the beginning of September, Tajik
Supreme Courts decision to list TIRP as a radical and
terrorist organization and have it closed down, and
the decision was made after governmental pressure,
intimidation followed bans, and precautions taken
while fighting against terrorism and extremism
needs to comply with appropriate freedom of religion, thought, expression and peaceful gathering
needed without discrimination when participating
in public affairs under the international human rights
law, it should be guaranteed that those taken into
custody should be done so under lawful conditions
which meet international standards.
Today, it is publicly known that female students in
Tajikistan are banned from wearing the headscarf,
children and teenagers are not permitted to go to

the mosque, besides attending the funeral of those

under 18- attendance to any form of religious gathering and taking special religious classes is restricted.
Those under 40 years of age are prohibited from
going to Hajj and Umrah in Mecca and Muslim men
are forced to shave their beards.
Despite all the pressure, persecution and arbitrary
provocative actions by the regime, TIRP did not
give up. The party who believed in uniting, providing
peace and working to develop its country never
went astray from its political agenda. It never went
down the path of violence whether this be through
violence or protests.
President Imam Ali RAHMANOV, used Americas
fight against Islamic terrorism as an opportunity to
put pressure and declare war on the opponents, and
in general any activity related to Islam, in particular
those by TIRP.
Russian officials uncovered no. 32/22 top secret
document from a National Security meeting 23
November 2011 about RAHMANOV. In this document it was ordered for central and senior officials
to investigate TIRP, to pressure them and no matter
how, pay for the removal of TIRP members from
government offices and create problems to politically
destroy the party from within.
From that moment on, the government arrested
and imprisioned anyone who was part of a community, even if they wernt working to spread religious
teachings. It also prevented youth from travelling
to another Arab or Islamic country to learn their
religion. Fathers who sent their children to religious
classes abroad were even tried and imprisioned for
up to two years and/or fined 15-35 thousand dollars.
Whereas, many fathers were sending their children Islamic schools abroad because they were free.
Students educational costs in most religious institutions are covered by the organization. Religious
classes in Tajikistan are held in many mosques and
madrasahs. These classes are prohibited for women,
children, those under 18 and state officials. For this
reason, 85% of the countrys population is deprived
from this education.

11

IV. VIOLATIONS

wet floors, been raped, beaten, degraded and

psychological pressure imposed on them.
These claims were strengthened after the incidents following their interview with two relatives
of the prisoners. The very same day of the
interview, the relatives were arrested, TIRP
members families, relatives, lawyers or human
rights lawyers were banned from speaking to
the delegation. Our delegation also had all communication tools and their passports confiscated
and were forced out of the country.

Death and injuries

TIRP President of the Badahshan Province Siroc
Kalonov was invited to a council meeting organized by the government on 1 September 2010.
Three days later he died as he drank poisoned
water during the meeting. Doctors confirmed
that he died from poison.
The TIRP President of the Badahshan Province
Sabzali Mohammad REZA was murdered on 24
July 2012. 3 thousand soldiers and police were
involved in this operation and many innocent
civilians were brutally killed in the incident. The
party building was set on fire.
Haci Zarif, a distant friend of Nazarzoda, was
taken from his home to be interrogated over the
Nazarzoda incidents. However, after being questioned he died after being shot in the mouth.
Deputy Secretary of Defense General
Aldulhalim was killed in a special operation on
16 September 2015, two weeks after he and
his supporters were accused of carrying out
an attack.
The three brothers of Abdulhalim
NAZARZODA; Hayat, Rahim and Kerim
surrendered to authorities despite having no
involvement in any incidents. They were also
brutally murdered.
Allegations of torture and ill-treatment
TIRP Deputy Chairman Mehmet Ali Hayit announed that he was frequently threatened,
they called for him to end all political activities

12

and was brutally beaten by people who have

not been identified. Chief editor of the Nacot
newspaper and TIRP administrative board member Hikmetullah Sayfulozoda was tortured and
beaten to near death by people who have not
been identified, 19/04/2013. Many suspicious
deaths have also been recorded in Tajikistans
history, 07/02/2011.
On 30 October 2013, Umedjon Tojiev was
arrested by police for being a TIRP member.
He was held in custody for 10 days. Later he
was forced to confess to allegations that he
gathered together a radicalized group. When
he was taken to hospital after being thrown
from the third floor, traces of torture were
seen over his body.
TIRP authorities wanted him to return to
Amydjan hospital, but despite heavy protests
by human rights organizations, he was taken to
prison. Umedjon Tojiev was the only person
who was granted permission to visit him. This
visit took place while he was held in custody at
a hospital in the city of Sughd.
Recently, there have been many talks of political
members held in custody who have had their

rights violated after facing serious ill treatment

and have been subjected to torture. It is said
that they have been kept in cells with cold and

Although the exact number is not known, it

has been reported that hundreds of people are
currently being subjected to torture in prisions.

Unlawful Detentions

Name, Surname

Detained date Location detained

Name, Surname

Detained date Location detained

Maksud Ibragimov

23.01.2015

Moscow, Russia

28 Asamiddin Abdurahmanov

Sep.15

Dushanbe,Tajikistan

Abdurakhim Vosiev

12.11.2014

Moscow, Russia

29 Musa Sehov

Sep.15

Dushanbe,Tajikistan

Mekhrubon Sattarov

3.12.2014

Moscow, Russia

30 Zavkibek Rahmanov

Sep.15

Dushanbe,Tajikistan

Nuriddin Bafoev

11.25.2014

Moscow, Russia

31 Tavak Boboev

Sep.15

Dushanbe,Tajikistan

5 Sulaymon Jobirov (serbest brakld) 19.12.2014 Samara, Russia

32 Manan Kurbanov

Sep.15

Dushanbe,Tajikistan

6 Roziya Abdurakhmonova

19.12.2014 Novosibirsk, Russia

33 Hasan Rahimov

Sep.15

Dushanbe,Tajikistan

7 Nematullo Kurbonov

9.10.2014

Dushanbe,Tajikistan

34 Zayniddin Yusupov

Sep.15

Dushanbe,Tajikistan

8 Umedjon Solikhov

------------

Dushanbe,Tajikistan

35 Naimov Mirzosarif

Sep.15

Dushanbe,Tajikistan

9 Odinaev Ekhson(kayp)

19.05.2015 Saint Petersburg, Russia

36 Madiso Jomiev

Sep.15

Dushanbe,Tajikistan

10 Loikov Firuz

May.15

37 Boboev Abdusattor

Sep.15

Dushanbe,Tajikistan

11 Mirzorakhim Akhmedov

April 2015 Saratov, Russia

38 Karimov Abdusattor

Sep.15

Dushanbe,Tajikistan

12 Shabnam Khudoidodova

18.06.2015

39 Bobohido Haydarov

Sep.15

Dushanbe,Tajikistan

13 Seyid Omer Huseyini

16.09.2015 Dushanbe

40 Imamov Rustam

Sep.15

Dushanbe,Tajikistan

14 Mehmet Ali Hayit

Sep.15

Dushanbe,Tajikistan

41 Sayfov Hikmatullo

Sep.15

Dushanbe,Tajikistan

Moscow, Russia

Brest, Belarus

15 Vahidhan Kasidinov

Sep.15

Dushanbe,Tajikistan

42 Narzulloev Camsed

Sep.15

Dushanbe,Tajikistan

16 Muhammedali Feyizmuhammed

Sep.15

Dushanbe,Tajikistan

43 Rahmatulloev Mehmet

Sep.15

Dushanbe,Tajikistan

17 Abdukahar Davlatov

Sep.15

Dushanbe,Tajikistan

44 Sadidini Rustam

Sep.15

Dushanbe,Tajikistan

18 Zarafo Rahmani

Sep.15

Dushanbe,Tajikistan

45 Islamov Mehmet Ali

Sep.15

Dushanbe,Tajikistan

19 Zubaydullahi Razik

Sep.15

Dushanbe,Tajikistan

46 Holov Mirzaalim

Sep.15

Dushanbe,Tajikistan

20 Celaliddini Mahmut

Sep.15

Dushanbe,Tajikistan

47 Sino Hasanzade

Sep.15

Dushanbe,Tajikistan

21 Hikmatullah Sayfullazade

Sep.15

Dushanbe,Tajikistan

48 Safarov Anarbey

Sep.15

Dushanbe,Tajikistan

22 Rahmatullah Racab

Sep.15

Dushanbe,Tajikistan

49 Abdulov Abdugafar

Sep.15

Dushanbe,Tajikistan

23 Muhammedserif Nabiev

Sep.15

Dushanbe,Tajikistan

50 Abdulov Faruh

Sep.15

Dushanbe,Tajikistan

24 Abdusamed Gayratov

Sep.15

Dushanbe,Tajikistan

51 Abdulov Mehridin

Sep.15

Dushanbe,Tajikistan

25 Omersah Devlet

Sep.15

Dushanbe,Tajikistan

52 Abdulov Nizam

Sep.15

Dushanbe,Tajikistan

26 Fahrettin Mahmadaliev

Sep.15

Dushanbe,Tajikistan

53 Abdulov Nazim

Sep.15

Dushanbe,Tajikistan

27 Kiyamiddin Avazov

Sep.15

Dushanbe,Tajikistan

54 Tabarov Mirzo Omer

Sep.15

Dushanbe,Tajikistan

13

Name, Surname

Detained date Location detained

Name, Surname

Detained date Location detained

55 Mevlevi Seyid

Sep.15

Dushanbe,Tajikistan

74 Mulla Mustakim

Sep.15

Dushanbe,Tajikistan

56 Tabarov Mirzo Omerin oglu

Sep.15

Dushanbe,Tajikistan

75 Hocaev Mehmetnazar

Sep.15

Dushanbe,Tajikistan

57 Sangov Rahmiddin

Sep.15

Dushanbe,Tajikistan

76 Mirzaev Razibek

Sep.15

Dushanbe,Tajikistan

58 Sangov Sayriddin

Sep.15

Dushanbe,Tajikistan

77 Tagoev Saydali

Sep.15

Dushanbe,Tajikistan

59 Sangov Mahmudcan

Sep.15

Dushanbe,Tajikistan

78 Devletov Devletyar

Sep.15

Dushanbe,Tajikistan

60 Cakalov Idibek Hasanovic

Sep.15

Dushanbe,Tajikistan

79 Cakalov Idibek

Sep.15

Dushanbe,Tajikistan

61 Pirov Kasim Mirzoevic

Sep.15

Dushanbe,Tajikistan

80 Hucamuratov Taciddin

Sep.15

Dushanbe,Tajikistan

62 Seyidov Davliyor Alimardonovic

Sep.15

Dushanbe,Tajikistan

81 Rizaev Omer

Sep.15

Dushanbe,Tajikistan

63 Abdulloev Curabek Gullovic

Sep.15

Dushanbe,Tajikistan

82 Safarov Murteza

Sep.15

Dushanbe,Tajikistan

64 Devletov Dilaver Abdunarovic

Sep.15

Dushanbe,Tajikistan

83 Boboev Seyidishak

Sep.15

Dushanbe,Tajikistan

65 Abdulloev Bahtiyar Rizaevic

Sep.15

Dushanbe,Tajikistan

84 Nazarov Cemal

Sep.15

Dushanbe,Tajikistan

66 Taciddin Feyziddin

Sep.15

Dushanbe,Tajikistan

85 Abdulfeyz Receb

Sep.15

Dushanbe,Tajikistan

67 Gulov Mehmet Emin

Sep.15

Dushanbe,Tajikistan

86 Safarov Nazarmuhammed

Sep.15

Dushanbe,Tajikistan

68 Samadov Nadirhan

Sep.15

Dushanbe,Tajikistan

87 Nazari Panci

Sep.15

Dushanbe,Tajikistan

69 Abdulov Nurulla

Sep.15

Dushanbe,Tajikistan

88 Adina Mahsumun damadi

Sep.15

Dushanbe,Tajikistan

70 Abdulov Sadi

Sep.15

Dushanbe,Tajikistan

89 Sarabek Muratov

Sep.15

Dushanbe,Tajikistan

71 Buzurgmehr Yarav

Sep.15

Dushanbe,Tajikistan

90 Mehmedulloev Kamil

Sep.15

Dushanbe,Tajikistan

72 Adaletsaev Saadetsa

Sep.15

Dushanbe,Tajikistan

91 Seyid Mahmut Racabov

Sep.15

Dushanbe,Tajikistan

73 Karamhudaev Serik

Sep.15

Dushanbe,Tajikistan

92 Seyidmuhiddin Rahimhudo

Sep.15

Dushanbe,Tajikistan

Although the exact number is not yet known,

the arrests which began before September 2015
saw a dramatic increase after 16 September
2015. Over 100 political party members, journalists, writers, lawyers, men and women are
still in prison.
Lawyers who wanted to provide legal aid to
those in prison were also detained. These

people deprived of freedom, have had their

fundamental human rights stripped away from
them. According to the law in Tajikistan, these
people who have had allegations pressed against
them may stay in custody or prison for up to 6
months in various intervals.

Below are some information about the individuals detained in this manner:

Politician and TIRPs vice president.

MEHMET AL
HAYT

Has been awarded the Rastohez and red star. Born on October 20, 1957
in Rudaki to a working family. He was arrested by police officers at his own
house on 16 September 2015. He started his education at the Tajikistan
State Sarksino University and completed his education at St. Petersburg in
Leningrad, Russia. He was sent to Afghanistan during the intense times of
the conflict as a Chief Lieutenant in 1983. His duty was to ensure harmony
between Afghan authorities and Soviet authorities. He was specifically the
officer of Ahmad Sah Mesud and had an important role in the peace talks
between the two sides in 1984. He was the vice president of Tajikistan Radio
and Television and also was the editor of Rastohez Gazette. Hayit served as
a member for the Tajikistan National Peace Committee and took the first
step to end the Tajikistan civil war. He strived to achieve peace between the
Regime and opposition. In April, 2013 he was beaten severely by a group
of people he did not know. He also knows three languages; English, Russian
and Persian. He is married and has 3 children.

MEVLANA MUHAMMAD AL FEYZMUHAMMAD

Ali Feyizmuhammad is TIRPs investigation committee chairman and
was a member of the National Commission. He was born in Pancu
in 1959. He was arrested by police on 16 September 2015. Mevlana
Muhammad Ali strived during the peace talks to ensure stability in
Tajikistan. He knows three languages; Russian, Persian and Arabic. He
is married and has seven children.

VAHDHAN KOSDDNOV
Kosoddinov is a politician and was the chairman of TIRPs polling
branch. He was in 1956 in Isfara to an artisan family. He was arrested
on 16 September by police officers at home. He graduated from the
Education Faculty . T.G Sefcenko and has a degree from the English
faculty. He knows three languages; Russian, English and Persian. He
is married and has five children.

SEYD OMER HUSEYINI

He is a politician and the vice president of TIRP. Former parliamentarian and philosopher. He was born in 1961 into a religious family
in the Muminabad Kulab providence. On 16 September 2015, he
was arrested by security officials. In 1988 he graduated from the
Tajikistan National University from the Department of Economics.
Seyid Omer Huseyni began working towards politics at a very
young age. He knows Arabic, Russian and Farsi. His married and
has 6 children.

14

KYOMDDN AVAZ
Avaz is a young politician. He is TIRPs Dushanbe president. He was born
in 1973 in Vasta to a working family. On 16 September he was arrested
by police at his home located in Dushanbe. He graduated from the
Libya Institue of Arabic Language and LIterature. He also has a masters
degree from Tajikistan State Univeristy of Economics and Administrative
Sciences. He knows three languages; Arabic, Persian and English. He is
married and has five children.

15

RAHMATULLAH RACAB COBR

RAHMATULLAH RACAB
Racab is a politician and is TIRPs branch president board member.
He was born in 1958 in Fayzabad. On 16 September 2015 he was
arrested by police officers at home. He has graduate from Tajikstan
National University Faculty of Economics. He knows Persian and
Russian. He is married and has three children.
MUHAMMED ERF NABYEV
Politician and TIRPs branch president board member. He was born
in 1962 to a farmers family. On 16 September 2015 he was arrested
by police officers at his house located at Kulab. He knows Russian
and Persian. He is married.

MAHSUM SATTOR KARMOV

Politician and TIRPs presidential branches board member. He was
born in 1959 to a farmers family. On September 2015 he was arrested by police at home. He knows Russian and Persian. He is married.

BUZURGMEHR
YOROV
LAWYER

Lawyer. He was born in 1971. He was arrested and sent to prison due
to revealing that TIRPs Manager Said Omer Huseyini was tortured in
prison. He was detained on 27 September. He is held at Dushanbes
Number 1 Custody centre and his probation was extended for another
two months. He was in detention for 6 months without appearing in
court under Tajikistan laws. This period can be extended up to one
and half years in serious cases. He is accused of fraud, extremism
and separatism. People came from western countries such as France,
Canada, Russia etc. and reported about YOROV. His former clients
were called to the organized crime department and were forced by
threats to petition against him accusing him of fraud.

FAHRDDN
ZAKROV
ZEYD
SEYDOVUN
AVUKATI
Zeyd Seyidov was jailed
on rape slander, he was
imprisoned because 2
years later as a lawyer
he proved with DNA
tests that the child he
alleged raped was not
him.

HKMETULLAH SAYFULLAHZADE

SUHRAT
KUDRATOV
LAWYER

ABDUKAHHAR DEVLET

ABDUSSAMAD GAYRATOV
Politician and TIRPs presidential branchs board member. He was
born in 1962 to a working family. He was arrested on 16 September
by police at home. He knows Russian and Persian.

ZARAFO RAMON RAHMANOVA / LAWYER

Female politician, lawyer and journalist. The founder of NISHAT (Advice)
and is one of the most socially active Tajik females. She is one of the senior
members of the political council and TIRP board member. She was born
on 23 February, 1972 in Hatlan. She was arrested on 16 September, 2015,
at home. She has graduated from Tajikistan Education University and has
a degree in Phiology. She later started to take law classes at Tajikistan
National University and graduated. She is TIRP presidents legal adviser.
She is a prominent lawyer that is member of several international law
associations. She is also a member of Tajikistan Journalists Union. She
knows Russian and Persian. She is married and a mother of four children.

16

Lawyer. He was arrested without any

justification.

NURDDN
MAHKAMOV
LAWYER
He was arrested
unjustly without any
evidence.

Politician, editor of Nacat magazine, journalist and analyst. Senior board member of TIRP.
He was born on 1 March, 1950 in Tavildara.
He was arrest on 16 September, 2015 by
police officers at home. He graduated from
the State University of Fine Arts. He was the
principal of a music school. He was the one
who prepared the peace agreements for the
Tajiks in Afghanistan. He knows Russian and
Persian. He is married and has three children.

A young politician and journalist. TIRPs

external relations manager. Member of the
political council and senior board member.
He was born in 1975 in Kolhozabad into
a farmers family. He was arrested on 16
September, 2015 by police officers at home.
He has graduated from Imam EBU HANIFE
Arabic language and School of Journalism.
He has also graduated from Trade State
University and has a degree from the World
Economics Department. He knows Arabic,
Persian, Russian and English. He is married
and has a child.

17

DODOCONOVA DLBAR / LAWYER

Member of SIPAR Lawyers Association and she was sentenced due
to defamation.

DOMULLO ZUBAYDULLOH ROZK

Politician and TIRPs president of knowledge department. He was also
the former editor of the NACAT magazine. Member of the political
council and senior board member. He was born in 1946 into a farmers
family. He was arrested on 16 September, 2015 by police officers at
home. He served as a language and Tajik literature teacher during the
Soviet times. He used to read sermons during Friday prayers. He knows
Russian, Persian and Arabic. He is married and has five children.
Fair Trial

MAKSUD
IBRAHMOV

ROZYA
ABDURAKHMONOVA

UMEDJON
SOLKHOV

18

ABDURAKHM
VOSEV

NEMATULLO
KURBONOV

SHERZOD
KOMLOV

At least 100 Tajiks are known to be taken into

custody in Tajikistan. Among the many that has
is in custody are many journalists, businessmen,
political leaders, university professors, scholars and
other party members. Lawyers hired by families in
order to defend those held in custody were not
allowed to see their clients to fulfill their duties.
Those held in custody were not allowed to see
their lawyers or families.
It has been identified that those in custody still cant
see their lawyers and families and that they have
been stripped from their right to defend. Also it has
been seen that legal aid who are providing those
in custody legal aid have been detained while on
duty. It is reported that these lawyers are accused
of different crimes with forged documents. As it is
evident in this report many lawyers are detained
or held in custody.
Tajikistan administration affirms that the Tajikistan
state has appointed a lawyer to those detained
or in custody. Although it is true that there are
lawyers appointed the number of how many is
unknown. In addition, there are complaints that
the appointed lawyers are failing to inform their
clients, families, the right to defend is limited and is
in favor of the state, agreements and documents
are signed against the accused and that this is done
due to the fear and pressure of the state.
It has also recorded that in Tajikistan law there is
a very long period of detention, giving convictions

without going to court, even if the accused appears

in court lawyers are not allowed to attend. It is
revealed that there are many violations of rights
such as the fact that those in custody are excluded from health care, they are not fully aware of
what they are accused of and that there is a failure
in managing the whole process in a transparent
manner.
Freedom of Speech
NEJAT; was TIRPs newspaper and was one
of the most read newspaper in Tajikistan.
After the closure of TIRP, the gazette that
was operating officially was closed based on
the decision of the Tajik Supreme Court on
29 September following the request of state
prosecutors.

ODNAEV
EKHSON

LOKOV
FRUZ

MRZORAKHM
AKHMEDOV

SHABNAM
KHUDODODOVA

SAFINAI UMID; A weekly magazine and

was based on knowledge. It was closed by
the state in 2015.
NAYSON; A weekly magazine. The magazine was based on issues related to females.
The magazine was focused on covering issues
such as womens rights, family and home. It
was closed by the state in 2012.
IKBAL; A weekly magazine that focused on
issues related to youth. It was closed by the
state in 2012.
[Link]; was the official website of
TIRP. The website used to publish programs
organized by the party and answer made by
Muslim Scholars to the questions asked by
Muslims in Tajikistan. It was closed by the
state in 2015.
Party Closure and Freedom of Association

Party Closures: TIRPs office in Tajikistans Sughd province was destroyed by security forces on 17 May 2014.

Bans and pressures towards associations,

meetings and opposition political activities in
general are severe in Tajikistan. Besides the
closing of TIRP, places being raided, destruction of offices and confiscation of goods there
are still pressure on some people who move
towards different political establishments.
For example, Zayd SAIDOV was an active
businessman and was trying to establish a
new political party.

19

He was taken into custody, all of his assets

(including his familys) were seized and he was
stripped from the right to defend. It is seen
that besides political parties, associations,
foundations and non-governmental organizations are prevented, under pressure and
are discouraged from establishing some sort
of organization due to fear.
Tajikistan police have raided 3220 offices belonging to TIRP, members were mistreated
and have prevented people from joining the
party by inflicting fear upon them.
In the topic mentioned above, according to a
secret protocol that took place between the
prime minister, the head of religious affairs,
security intelligence and the intelligence any
form of Islamic establishment will be closed
and blocked.
The government who is trying to provoke TIRP
and its members with the bans it has imposed
is not content and gone further by arresting the
party leaders and members by slandering them
with assassination and murder accusations. In
2012 TIRPs Badakhstan province president had
lost his life on the way to Mermuz.
The president that was elected after him was
martyred. The one after was thrown in jail by

20

defamation. The fourth president was threatened

with assassination and left the party. The party
headquarters in the Sodg province was destroyed
while other party centers were closed by the
government.
There were assassination attempts made on the
party vice president, chairman of the editorial
board and many other leaders.
The party members who had realized Prime
Minister mam Ali Rahman was going to put a
stop to the political life of TIRP and was going
to break away the peace agreement had applied
to the Ministry of Internal Affairs, Ministry of
Justice, the National Security Council and he Chief
Prosecution and written letter stating their fear of
what was going to happen.
Then an open letter was written to the President
stating the governments adherence to the terms
of the agreement, also if TIRP members abandon
the proceedings the party will continue to bound
the entire agreements.
As there was no response to the letter, letters
were sent to the UN Secretary-General, AGIT,
Organization of Islamic Cooperation, European
Union and to the leaders of governments who are
at the status of being an observed and guaranteeing
the agreement was administering.

Reminding them their agreement and articles it

was reported that the Tajikistan government
broke the deal. It was reported in the letter
the government started to sway away from the
peace and national unity agreement articles,
but the party did not say anything in order to
maintain the stability of the county, the party
did not raise the issue within or externally.
However, the letter further continued to outline that the government took advantage of the
patience the party was portraying and continued
to pressure and persecute. The public was afraid
of war and conflict. The governments policies
based on pressure and persecution continued
increasingly and the pressure was more on TIRP.
All this immoral and types of unlawful pressure
was applied to party leaders as well as members
while being the target of the judiciary.
Also in the letter it further informed that the
governments actions was threatening the
countrys constitution and peace and national
unity as well as the entire Central Asian regions
security. The letter was an invitation for the
Tajikistan government to push for respect of
the peace and national unity agreement which
forces Tajikistan to stay loyal to the countrys
constitution and imposed laws.

Human Rights Organizations are stating that the

Tajikistan Government is arresting Muslims on
a regular basis by accusing them of religious
terrorism.
The UN Human Rights Committee had requested
that for the government to fulfill its commitment
to human rights as the activities of TIRP were
banned and that human rights had been violated
more. However, the government used to fight
terrorism and extremism as an excuse of blocking freedom.
The European Union issued a declaration expressing that blocking the activities of TIRP in
the country would lead to preventing freedom
and dissent.
The Freedom House also issued a similar statement in regards to the actions of the government
towards TIRP that has over 40,000 members.
Violations against Freedom on Religion
The most important problems Muslims in
Tajikistan face;
1. Closing and destruction of mosques and
Islamic centers.
2. Students accused of terrorism and extremism.

21

V. LEGAL BASIS and

INTERNATIONAL LAW
1. RIGHT TO LIVE, TORTURE AND ILL TREATMENT IN
TERMS OF PREVENTION
The Universal Declaration of Human Rights
Article 1 All human beings are free and are born
equal in dignity as well as rights. They are endowed
with reason and conscience and should act towards
one another in a spirit of brotherhood.
Article 3 Everyone has the right to live, freedom
and personal security.

3. Prevention of Muslim girls wearing headscarves.

4. Hundreds of students being taken out of religious schools and schools being closed.
5. Prohibition of children and teenagers entering
mosques.
6. The idea of Religion and belief to be wiped
out of mind with cruelty and persecution.
7. Requiring a violent campaign against the
trimming of beards and against headscarves.
Banning the importing of Islamic clothing for
women.
8. Limiting the amount of people going to Mecca
for Hajj and Umrah.
9. Incognito attempts.
10. To bring Bahaism, Christianity, Zorostrianism
and Krishna teachings to the forefront and
force Muslims to go the institutions of these
teachings
11. The prohibition of names that feature Arabic
or Islamic context.
The government that issued the freedom of religi-

22

on and religious institutions of law has given itself

the right to determine the activities that religious
parties, communities and institutions organize.
Due to this law the government was given the
right to severely examine religious books.
Based on this law, the government has the right
and can determine where people can worship
and religious ceremonies are held. At the same
religious activities, mosques and madrassas must
be register with government.
Many mosques, schools and religious centres were
forced to close due to this law. Mosques near
the party centre were closed in 2010 due to the
same law.

Article 5 No one should be subjected to torture, cruelty, punishment, inhuman and degrading
treatment.
The International Covenant on Civil and
Political Rights
Article 2 Any government who is obliged to this
Convention must respect the rights of individuals without discriminating between race, gender,
language, religion, political or other ideologies,
national or social origin, property, birth or other
status and must ensure all rights in the convention.
Article 6
1. Every human being has the inherent right to
live. This right shall be protected by law. No
one has the right to arbitrarily take this right
from an individual.

Article 7 No one should be subjected to torture,

cruelty, punishment, inhuman and degrading behaviour. In particular, no one should be subjected
to medical or scientific experiments without their
consent.
Convention Against Torture or Cruelty,
Punishment, Inhuman or Degrading
Treatment (Tajikistan has approved this
convention on 11.01.1995)
Article 2 Obligation to prevent torture and justify
the ban on torture
1. Each State Party effectively takes measures to
prevent the perpetration of acts of torture in
any territory under its sovereignty in legislative,
administrative, judicial or other measures.
2. Whatever happens whether it be the state of
war, threat of war, internal political instability
or any other exceptional extraordinary circumstances cannot be invoked as a justification
of torture.
3. An order given by a superior officer or a public
authority cannot be invoked as a justification
of torture.
Madde 12 Investigation of acts of torture

Following that law another called parents responsibility law was issued, this law banned boys
and girls from receiving education from religious
schools that are not registered in Tajikistan.
The government that forbid to pray between working hours also went further and banned praying
outside of mosques. A banned was imposed on
beards and headscarves at schools, universities,
markets and government buildings. Children were
also banned from memorizing surahs and verses
from the Quran.

23

Health Rights of Prisoners According to

International Law
Provisions related to the right to live, health rights and prohibition of torture and ill-treatment
are evident in many international documents such
as the Universal Declaration of Human Rights,
United Nations Covenant on Civil and Political
Rights, Torture and Inhumane as well as Degrading
Punishment and the European Convention for the
Prevention of Treatment.

2. Anyone that is detained shall be notified immediately about claims asserted and reason
for arrest.

Each Party State that encounters torture and justification of the offense committed in any territory
under its sovereignty should immediately have an
impartial investigation started by the competent
authority.
Article 13 Right to complain to authorities
Each state party provides every individual the right to be examined in an unbiased manner when
claiming to have been tortured in any territory
under the countrys sovereignty and immediately
is investigated by the competent authorities. The
complainant and the witnesses, as a result of testimony or made complaints of ill-treatment or to
provide any necessary measures are taken to be
protected against any threats.

2. RIGHTS OF PEOPLE
ARRESTED, IN CUSTODY

2. Under national or international law no one

in the offense is considered guilty of any act
or omission that does not constitute a crime.
Nobody can be given a heavier penalty than
the penalties applied given in the commission
of the crime.
Article 12 No one has the right to arbitrarily
interfere to an individuals priviate life, family, home
or even communication methods and attack ones
honor and name. Everyone has the right to be protected by law against such interference or attacks.
International Convention on Civil and
Political Rights (Tajikistan has approved
this agreement on 04.01.1999)

The Universal Declaration of Human Rights

Article 9

Article 9 No one can be subjected to arbitrary

arrest, detention or exile.

1. Everyone has the right of liberty and security.

No one should be arbitrarily detained or arrested. No one can be stripped from their
freedom as long as they have not committed
a crime.

Article 11
1. According to law anyone who is accused of an

24

offense is presumed innocent unless proven

guilty, and must be given a public trial without
assurance of all rights.

3. Anyone detained or arrested for an alleged

crime committed, should have the right to
be immediately brought forward a judge or
another official authority to be trailed or be
released. It will not be the general rule for the
person held in custody pending trial; however, if to be released the defendant may be
asked to provide guarantee to be present at
other stages of the judicial proceedings and
where necessary be present while giving the
final verdict.
4. Anyone who is derived from their liberty due
to detention or being arrested has the right
to apply to the court to decide on the release
if the detention is not legal as the court is to
decide without delay on the lawfulness of the
detention.
5. Anyone that is a victim of an illegal arrest or
detention will have the right for compensation.
Article 10
1. Anyone who is derived of their liberty should
be treated in a humanely way and their dignity
should be respected.
Basic Principles of Treatment Applicable to Prisoners.
1. All prisoners should be treated with appropriate respect for their inherent dignity and value
as human beings.

On the other hand, developments were made

on various regulations on the rights of prisoners
through standards for the treatments of persons
deprived of their liberty by Europes Torture Prevention and Inhuman or Degrading Treatment or
Punishment Committee (CPT). These regulations
included some that were the United Nations such
as Implementation of Prisoners Required Minimum Standard Rules, Istanbul Protocol dated
4 November 1999, the Tokyo Declaration that
was adopted by the World Medical Union in 1975
and revised in 2006, the European Prison Rules
(2006) No. 2 Recommendation that was issued
for the European Council member states by the
Council of Europe Committee of Ministers.
Europes Torture Prevention and Inhuman or Degrading Treatment of Punishment Committee (CPT)
was established under the 1987 Council of Europe
Convention.
CTPs work has been organised as an integral part of
the system created by the European Council to protect human rights, the European Court of Human
Rights to the existing reactive judicial mechanism
and adding a proactive non-judicial mechanism.
Health care services offered to persons deprived of
their liberty is directly related to the CPTs mandate.
Inadequate health services, inhuman and degrading
treatment within the scope of the term may cause
conditions to emerge quickly.
Anyone derived from their liberty should be treated
with respect under human rights.
Anyone who is derived from their liberty continues to have all rights that have not been taken
from them legally even if they are punished or
arrested.

25

against women shall ensure the rights of women

on equal terms with men in the countrys political
and public life:
a. To vote in all elections and public referenda
and to be elected to the bodies elected by the
people,
b. To participate in the preparation and implementation of government policy, to public office
and to perform all public functions at all levels
of government,
c. The countrys public and non-governmental
organizations concerned with political life and
to participate in society.

Restrictions on persons derived from their

liberty, the rights of the sanctions imposed
must be proportionate to the legal order and
the minimum level required.

b. Prohibiting any discrimination against women

and also containing sanctions where necessary
to adopt appropriate legislative and other measures,

Prisoners should have access to clean and sanitary facilities arranged in accordance with
privacy whenever they want.

c. To equally establish the legal auspices of the

rights of women with men and the competent
national tribunals to ensure the active patronage
of all kinds of discrimination against women
through other government agencies,

Prison authorities are obliged to protect the health of prisoners which is already their responsibility.
For this reason prisoners, should have access to
public health with all the necessary medical systems,
surgery and to psychiatric treatment.

d. Refrain from engaging in any discriminatory

act or practice against women and provide the
organisation with the public authorities to act
in accordance to this obligation,

3. TERMS OF WOMENS
RIGHTS

e. Any person, organisation or enterprise to take

all appropriate measures to prevent discrimination against women,

The Convention on the Elimination of All

Forms of Discrimination against Women
(Approved by Tajikistan on 26.10.1993)
Article 2 States Parties condemn discrimination
against women, accepts a policy making use of all
appropriate means and without delay eliminates
discrimination against women and for this reason
undertakes the following:
a. The equality of men and women in their national
constitutions or other appropriate legislation,
if not yet incorporated into laws and other appropriate means to ensure the implementation
of this principle,

26

4. RELIGION, and
FREEDOM OF EXPRESSION
IN TERMS OF CONSCIENCE
The Universal Declaration of Human Rights
Article 18 Everyone has the right to freedom
of conscience, religion and opinion. These rights, religion or collectively, in public or private,
to manifest in teaching, practice, worship and
includes the freedom to manifest religious ceremony.

Article 19 Everyone has the right of freedom of

opinion and expression. These rights should not
be disturbed due to ones thoughts, regardless of
frontiers, information as well as ideas and it should
be necessary to obtain the right to spread.
Declaration on the Elimination Based on
Intolerance and of Discrimination Rights
of Faith of All Forms
Article 1 Thought, conscience and religion
1. Everyone has the right of freedom of conscience, religion and thought. This right is, of a
belief that religion or language can be spread
in community with others or on their own as
well as to be able to worship openly or latently and has the freedom to manifest through
practice and teaching.
2. No one shall be subject to coercion which
would impair his freedom to have the belief
that one religion or language.
Article 2 The prohibition of discrimination
1. No one shall be discriminated due to their
group, belief and religion by a State, person
and institution.
Article 6 Content of thought, conscience and
religious freedom

f. To amend or terminate and take all appropriate

measures against constitutions, existing laws,
regulations, customs, practices and legislation
discriminating women,
g. To repeal all national penal provisions which
constitute discrimination against women.
Article 3 States Parties should take all appropriate
measures, including legislation to ensure progress
in political, social, economic and cultural fields to
guarantee women with human rights equally with
men to enjoy the fundamental freedoms.
Article 7 State Parties to eliminate discrimination

27

International Convention on Civil and Political Rights (Approved this agreement on

04.01.1999)
Article 18
1. Everyone will have the freedom of conscience,
religion and thought. This right is, of a belief
that religion or language can be spread in community with others or on their own as well as
to be able to worship openly or latently and
has the freedom to manifest through practice
and teaching.
2. Nobody can be subjected to pressure due to
their religion and noobdy can harm the right
of religion freedom.
Thought, conscience, freedom of religion or belief
in accordance with the first article of this Declaration, and in the framework of the provisions
of the third paragraph of the first article, among
other freedoms, includes the following freedoms.

3. A person is determined by law, but the freedom to establish their religion or belief and
public safety, order, health, morals or restrictions may be necessary to protect the fundamental rights and freedoms of others.

a. In connection with a religion or belief, to worship or assembly, and set up the necessary
facilities for this purpose and use;

4. State parties who are in favour of this Convention are obliged to respect the freedom
of parents or guardians of having the right to
teach their children their beliefs and provide
them moral education.

b. To set up the necessary foundation for humanitarian organizations and their businesses;
c. A religion or belief of making the necessary
tools and materials adequately for their ceremony or tradition, receive and use;
d. Writing about this area as well as broadcasting,
publishing, and distributing;
e. To teach a religion or belief at appropriate
places based on these purposes
f. To receive or ask for voluntarily financial assistance from individuals and institutions;
g. Religion and belief and the need to develop the
leaders in terms of the appropriate standards,
assignments, and determine who will replace
the selection;
h. Days off for a person in accordance with the
rules of religion or belief and to act in accordance with the holidays, and ceremonies;
i. National and international levels, to communicate with individuals and communities in
matters of religion and belief and maintain;

28

Article 19
1. Everyone has the right to have thought without
anyones interference.
2. Everyone has the right to express their opinions; this right includes the freedom to acquire
and transmit all kinds of information and ideas
orally, written, printed and through art regardless of frontiers and has the right research.
3. The exercise of the rights provided in 2nd clause of this article carries with it some special
duties and responsibilities. Therefore, there
may be some limitations; however, it must be
provided by law and these limitations are;(a)
Bakalarnn haklarna ve hretine sayg bakmndan ve;
a. Respect for others and respect of the rights
or reputation;
b. National security should be of public order
and public morals or the protection of public
health care is not necessarily required.

5. THE RIGHT TO A FAIR

TRIAL AND TERMS OF
DEFENCE
The United Nations Universal Declaration of Human Rights on Lawyers, Use
and Duties of Rights Defence Attorney
Related Aspects of Evaluation
Article 7 Everyone is equal before the law and
is entitled without any discrimination to equal
protection by the law. Everyone is entitled to
equal protection against any kind of provocation
and all kinds of discrimination.
Article 9 No one shall be subjected to arbitrary
detention, arrest and exile.
Article 10 Everyone has the right to demand full
rights and a public hearing by an independent and
impartial tribunal proceeding when determining
the rights and obligations of any criminal charge
one is accused of.
Article 30 Nothing in this declaration can be
interpreted in such a way that would give the right
to any State, community or person to make an
attempt or act aimed at the destruction of any
freedoms.

Basic Principles on the Role of Lawyers

(Havana Rules)
12. Lawyers who are the key element in the delivery of justice, always protect the honour and
dignity of the profession
Assurance of Advocacy Activities
16. Government lawyers;
a. are able to perform all of their professional
functions without intimidation, hindrance, harassment or improper interference;
b. are able to travel and to consult with their
clients freely both within their own country
and abroad;
c. Shall not suffer, or be threatened with, prosecution or administrative, economic or other
sanctions for any action taken in accordance
with recognized professional duties, standards
and ethics.
18. Lawyers shall not be identified with their clients
or their clients causes as a result of discharging
their functions.
19. No court or administrative authority before
whom the right to counsel is recognized shall refuse
to recognize the right of a lawyer to appear before
it for his or her client unless that lawyer has been

29

disqualified in accordance with national law and

practice and in conformity with these principles.
20. Lawyers shall enjoy civil and penal immunity
for relevant statements made in good faith in
written or oral pleadings or in their professional
appearances before a court, tribunal or other legal
or administrative authority.
21. It is the duty of the competent authorities
to ensure lawyers access to appropriate information, files and documents in their possession
or control in sufficient time to enable lawyers to
provide effective legal assistance to their clients.
Such access should be provided at the earliest
appropriate time.
22. Governments shall recognize and respect that
all communications and consultations between
lawyers and their clients within their professional
relationship are confidential.
23. Lawyers like other citizens are entitled to
freedom of expression, belief, association and
assembly. In particular, they shall have the right
to take part in public discussion of matters concerning the law, the administration of justice and
the promotion and protection of human rights
and to join or form local, national or international
organizations and attend their meetings, without
suffering professional restrictions by reason of
their lawful action or their membership in a lawful
organization. In exercising these rights, lawyers
shall always conduct themselves in accordance
with the law and the recognized standards and
ethics of the legal profession.
United Nations Principles and Guidelines
on Access to Legal Aid in Criminal Justice
Systems
Principle 2: Responsibilities of the State
Article 16 : The State should not interfere with
the organization of the defence of the beneficiary
of legal aid or with the independence of his or her
legal aid provider.
Principle 12: Independence and protection
of legal aid providers
States should ensure that legal aid providers are
able to carry out their work effectively, freely and

30

independently. In particular, States should ensure

that legal aid providers are able to perform all of
their professional functions without intimidation,
hindrance, harassment or improper interference;
are able to travel, to consult and meet with their
clients freely and in full confidentiality both within
their own country and abroad, and to freely access
prosecution and other relevant files; and do not
suffer, and are not threatened with, prosecution
or administrative, economic or other sanctions for
any action taken in accordance with recognized
professional duties, standards and ethics.
International Bar Association Standards
for the Independence of Lawyers
Article 6: Subject to the established rules, standards and ethics of the profession the lawyer in
discharging his or her duties shall at all times act
freely, diligently and fearlessly in accordance with
the legitimate interest of the client and without

any inhibition or pressure from the authorities or

the public.
Article 8: No lawyer shall suffer or be threatened with penal, civil, administrative, economic or
other sanctions or harassment by reason of his
or her having legitimately advised or represented
any client or clients cause.
Article 11: Save as provided in these principles,
a lawyer shall enjoy civil and penal immunity for
relevant statements made in good faith in written
or oral pleadings or in his or her professional appearances before a court, tribunal or other legal
or administrative authority.
The Universal Declaration of Human Rights
Article 9 No one shall be subjected to arbitrary
detention, arrest and exile.
Article 10 Everyone has the right to demand full
rights and a public hearing by an independent and
impartial tribunal proceeding when determining
the rights and obligations of any criminal charge
one is accused of.
Article 11
1. According to law anyone who is accused of an
offense is presumed innocent unless proven
guilty, and must be given a public trial without
assurance of all rights.

2. Under national or international law no one

in the offense is considered guilty of any act
or omission that does not constitute a crime.
Nobody can be given a heavier penalty than
the penalties applied given in the commission
of the crime.
Article 12 No one has the right to arbitrarily
interfere to an individuals priviate life, family, home
or even communication methods and attack ones
honor and name. Everyone has the right to be protected by law against such interference or attacks.
International Convenant on Civil and
Political Rights (Tajikistan has approved
this agreement on 04.01.1999)
Article 14
1. All persons shall be equal before the courts
and tribunals. In the determination of any
criminal charge against him, or of his rights
and obligations in a suit at law, everyone shall
be entitled to a fair and public hearing by a
competent, independent and impartial tribunal
established by law. The press and the public
may be excluded from all or part of a trial for
reasons of morals, public order (ordre public)
or national security in a democratic society, or
when the interest of the private lives of the
parties so requires, or to the extent strictly
necessary in the opinion of the court in special

31

circumstances where publicity would prejudice

the interests of justice; but any judgement
rendered in a criminal case or in a suit at law
shall be made public except where the interest
of juvenile persons otherwise requires or the
proceedings concern matrimonial disputes or
the guardianship of children.
2. Everyone charged with a criminal offence shall
have the right to be presumed innocent until
proved guilty according to law.
3. In the determination of any criminal charge
against him, everyone shall be entitled to the
following minimum guarantees, in full equality:
a. To be informed promptly and in detail in a
language which he understands of the nature
and cause of the charge against him;
b. To have adequate time and facilities for the
preparation of his defence and to communicate with counsel of his own choosing;
c. To be tried without undue delay;
d. To be tried in his presence, and to defend
himself in person or through legal assistance
of his own choosing; to be informed, if he
does not have legal assistance, of this right;
and to have legal assistance assigned to him,
in any case where the interests of justice so
require, and without payment by him in any
such case if he does not have sufficient means
to pay for it;
e. To examine, or have examined, the witnesses
against him and to obtain the attendance and
examination of witnesses on his behalf under
the same conditions as witnesses against him;
f. To have the free assistance of an interpreter if
he cannot understand or speak the language
used in court;
g. Not to be compelled to testify against himself
or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will take account of their
age and the desirability of promoting their
rehabilitation.
5. Everyone convicted of a crime shall have the
right to his conviction and sentence being re-

32

viewed by a higher tribunal according to law.

6. When a person has by a final decision been
convicted of a criminal offence and when
subsequently his conviction has been reversed or he has been pardoned on the ground
that a new or newly discovered fact shows
conclusively that there has been a miscarriage of justice, the person who has suffered
punishment as a result of such conviction
shall be compensated according to law, unless it is proved that the non-disclosure of
the unknown fact in time is wholly or partly
attributable to him.
7. No one shall be liable to be tried or punished
again for an offence for which he has already
been finally convicted or acquitted in accordance with the law and penal procedure of
each country.

6. THE RIGHT OF
FREEDOM, POLITICS AND
POLITICAL PARTICIPATION

and in real elections with can be guaranteed

to vote and be elected;

The International Contract on Civil

and Political Rights (was approved on
04/01/1991 in Tajikistan)

d. In general, they all have the equal right and

opportunity to enter public services.

Article 21

Article 27

The right of peaceful assembly shall be recognized. The exercise of this right has been made in
relation to the law and no further limitations or
restrictions could be brought on the public security
in a democratic nation, in terms of public order,
public health and will protect the public morals
and rights of others.

Minorities who do not share the same ethnicity, religion or language as their state will not be
deprived of the right to follow their own culture,
beliefs or worship.

Article 25

1. Everyone has the freedom to join and be a

member of an unarmed and peaceful assembly,
association and society.

Every citizen, 2. the distinction reffered to in Article 2 and not withstanding the unreasonable
restrictions:

The Universal Declaration of Human Rights

Article 20

vernment authority. This method will be

held by voting in secret or freely and will be
repeated in voting held in spesific intervals.
Womens Political Rights Contract
It was accepted, signed, approved and open for
participation by the United Nations Genera Assembly on 20 December 1952 and 640 (VII) The
agreement was up and running on 7 July 1954
as it was matching Article V1. Turkey joined the
agreement on January 12, 1954 and approved it
on 25 May 1959. The approval law no.7288 and
no.10220 was published in the Offical Gazette
on 2 June 1959.

Article 21

Article 1 Women, will have the right to vote on

an equal basis with men.

a. The right to participate directly or through a

freely elected representative in managment
positions

1. Everyone has the right directly or freely

participate in the governance of the country
via freely chosen representatives.

Article 2 Women, will have the right to be elected on an equal basis with men into all public
organistions.

b. in the goverment;

2. Everyone in the country has the right of

equal access to public services.

Article 3 Women, will have equal rights as men

to take part in public positions fulfill public duties
made in accordance wih national laws.

c. In general, equal and secret ballots during specific periods, the voters freely vote in elections

3. The will of the people is the basis of go-

33

VI. CONCLUSIONS AND RECOMMENDATIONS

1. The Tajikistan government must immeditly stop
oppressing its people, TIRP administrators,
members and those found guilty of expressing
thoughts must breleased immediately.
2. Those responsible for killings, torture and all
crimes against humanity must be punished.
3. In order to prevent further violation of human
rights in Tajikistan and eliminate the problems
it causes, delegations must be formed with
human rights organisations, non-governmental
organisations, and law associations should go
to Tajikistan and carry out efforts to stop the
violations.
4. Regardless of which part of the world they are
in, BAROs jurists and lawyers should carry out
all efforts to have their colleagues, who have
been held in custody or arrested over doing
their job, released.
5. All media organisations forced to close in
Tajikistan should be given the right to keep
broadcasting.
6. All goods belonging to TIRP, its members and
those who are not from the party but oppo-

34

nents businessman and other people should

be returned to their owners.
7. The Islamic world should immediately take
the necessary initiatives to stop the violations
taking place in Tajikistan.
8. All political parties in the east and west should
oppose to the closure of a political party, the
goverment should take necessary action over
such a case.
9. All women should implement solidarity for the
release of women held captive in Tajikistan.
10. 10. Journalists and media outlets should stand
in solidarity for the journalists held captive in
Tajikistan.
11. These demands are legitimate, legal and are
accepted under international treaties and universal values. They must be accepted and applied immediatly.
12. The UN, Russia, the OSCE, the Organization
of the Islamic Conferance and the other 7
countries who were witnesses and observers
to the Peace Treaty signed on 27 June 1997,
should fulfill their

35

36