Death Penalty Status Tajikistan/April

Tajikistan
Information current as of: April 4, 2011
General
Country
Tajikistan (Republic of Tajikistan). [1]

Geographical Region
Asia (South-central Asia). [2]

Death Penalty Law Status
Retentionist. Tajikistan does not meet the 10-year rule (without executions) that we use to define a nations that is abolitionist de facto. In 2004, several people were executed before an official moratorium on executions was effectively established. The Organization for Security and Cooperation in Europe (OSCE) reports that the moratorium established in 2004 has remained in effect through at least June 2010. The government remains active in reducing the number of death eligible offenses and in strategizing to formally abolish the death penalty. [3]

Methods of Execution
Shooting.
The death penalty is to be executed in a non-public place before a limited number of official observers by shooting. [4]

References
[1] U.S. Dept. of State, Background Note: Tajikistan, http://www.state.gov/r/pa/ei/bgn/5775.htm, Sep. 22, 2010.
[2] U.N., World Macro Regions and Components, U.N. Doc. ST/ESA/STAT/SER.R/29, 2000.
[3] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 31-32, Background Paper 2004/1, Human Dimension Implementation Meeting, Oct. 2004; O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 7, Background Paper 2010, Human Dimension Implementation Meeting, Jun. 30, 2010.
[4] Criminal Executive Code of the Republic of Tajikistan, art. 219, No. 36 of Aug. 6, 2001; Criminal Code of the Republic of Tajikistan, art. 59, May 21, 1998.

Country Details
Official Language(s)
Tajik. [1]

Population
7,349,145. [2]

Number of Individuals Currently Under Sentence of Death
A report by the Organization for Security and Cooperation in Europe (OSCE) states that by June 2010 there were 50-60 individuals under “stayed” sentences of death. [3] Multiple U.N. reports indicate that all death sentences imposed prior to April 2004 were commuted and that death sentences cannot currently be pronounced. [4] The executive, legislature and domestic NGOs are pursuing abolition. [5]

Annual Number of Reported Executions
Executions in 2013 to date (last updated on April 16, 2013)
0. [6]

Executions in 2012
0. [7]

Per capita execution rate in 2012
0 executions

Executions in 2011
0. [8]

Per capita execution rate in 2011
0 executions.

Executions in 2010
0. [9]

Executions in 2009
0. [10]

Executions in 2008
0. [11]

Executions in 2007
0. [12]

Year of Last Known Execution
2004. In 2004, several people were executed before an official moratorium on executions was effectively established. The Organization for Security and Cooperation in Europe (OSCE) reports that the moratorium established in 2004 has remained in effect through at least June 2010. [13]

References
[1] U.S. Dept. of State, Background Note: Tajikistan, http://www.state.gov/r/pa/ei/bgn/5775.htm, Sep. 22, 2010.
[2] U.S. Dept. of State, Background Note: Tajikistan, http://www.state.gov/r/pa/ei/bgn/5775.htm, Sep. 22, 2010.
[3] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009.
[4] For example: U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, p. 2, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Concluding Observations and Recommendations, U.N. Doc. CCPR/CO/84/TJK, Jul. 18, 2005.
[5] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009.
[6] DPW Executions and Death Sentences Monitor.
[7] DPW Executions and Death Sentences Monitor.
[8] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[9] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 28, 2011.
[10] Amnesty Intl., Death Sentences and Executions in 2009, p. 18, ACT 50/001/2010, Mar. 30, 2010.
[11] Amnesty Intl., Death Sentences and Executions in 2008, p. 20, ACT 50/003/2009, Mar. 24, 2009.
[12] Amnesty Intl., Death Sentences and Executions in 2007, ACT 50/001/2008, Apr. 15, 2008; O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 31-32, Background Paper 2004/1, Human Dimension Implementation Meeting, Oct. 2004; O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 7, Background Paper 2010, Human Dimension Implementation Meeting, Jun. 30, 2010.
[13] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 31-32, Background Paper 2004/1, Human Dimension Implementation Meeting, Oct. 2004; O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 7, Background Paper 2010, Human Dimension Implementation Meeting, Jun. 30, 2010.

Crimes and Offenders Punishable By Death
Crimes Punishable by Death
Aggravated Murder.
Aggravated murder is punishable by death. [1]

Terrorism-Related Offenses Resulting in Death. [2]
Terrorism-Related Offenses Not Resulting in Death.
Terrorism by a dangerous recidivist, committed by an organized group, or by use of weapons of mass destruction or other serious threats to masses of people, is punishable by death. [3]

Rape of Adult Not Resulting in Death.
Rape of a close relative, gang rape, rape during riots or civil disturbance, or rape by threat of arms is punishable by death. [4]

Rape of Child Not Resulting in Death.
Statutory rape of a girl under the age of 14 is punishable by death. [5]

Other Offenses Not Resulting in Death.
Genocide and biocide (an environmental offense) are punishable by death. [6]

Does the country have a mandatory death penalty?
No. Alternatives to the death penalty are always provided by law, and courts have discretion to award a lesser sentence than specified in the code when mitigating factors are present. [7]

For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?
Alternatives to the death penalty are always provided by law, and courts have discretion to award a lesser sentence than specified in the code when mitigating factors are present. [8]

Crimes For Which Individuals Have Been Executed Since January 2008:
The Organization for Security and Cooperation in Europe (OSCE) reports that an official moratorium on executions established in 2004 has remained in effect through at least June 2010. [9]

Categories of Offenders Excluded From the Death Penalty:
Individuals Below Age 18 At Time of Crime. [10]
Women. [11]
Pregnant Women.
Women cannot be executed; pregnant women are subject to a lighter regime of incarceration until 3 years after giving birth. [12]

Women With Small Children.
Women cannot be executed; women with small children are subject to a lighter regime of incarceration until 3 years after giving birth. [13]

Mentally Retarded.
Persons who could not account for their actions due to “weak-mindedness” are not subject to criminal liability. [14] In at least one case, a mentally retarded suspect was tortured, convicted and sentenced to death on the basis of a forced confession. [15]

Mentally Ill.
A death sentence cannot be executed against a convict who, after sentencing, evidences a mental disorder depriving him of the ability to understand his actions or control them. Chronic mental illness, temporary derangement or other state of mental disease are grounds for precluding criminal liability. [16]

Elderly.
Individuals over the age of 63 at the time of sentencing reportedly cannot be executed. [17]

References
[1] Criminal Code of the Republic of Tajikistan, art. 104, May 21, 1998.
[2] Criminal Code of the Republic of Tajikistan, arts. 179(4)(d), May 21, 1998.
[3] Criminal Code of the Republic of Tajikistan, art. 179(4)(a-c), May 21, 1998.
[4] Criminal Code of the Republic of Tajikistan, art. 138(3), May 21, 1998.
[5] Criminal Code of the Republic of Tajikistan, art. 138(3), May 21, 1998.
[6] Criminal Code of the Republic of Tajikistan, arts. 398, 399, May 21, 1998.
[7] Criminal Code of the Republic of Tajikistan, generally, art. 63, May 21, 1998.
[8] Criminal Code of the Republic of Tajikistan, generally, art. 63, May 21, 1998.
[9] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 31-32, Background Paper 2004/1, Human Dimension Implementation Meeting, Oct. 2004; O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 7, Background Paper 2010, Human Dimension Implementation Meeting, Jun. 30, 2010.
[10] Criminal Code of the Republic of Tajikistan, generally, art. 59, May 21, 1998.
[11] Criminal Code of the Republic of Tajikistan, generally, art. 59, May 21, 1998.
[12] Criminal Code of the Republic of Tajikistan, generally, art. 59, 78, May 21, 1998; Criminal Executive Code of the Republic of Tajikistan, art. 209, No. 36 of Aug. 6, 2001.
[13] Criminal Code of the Republic of Tajikistan, generally, art. 59, 78, May 21, 1998; Criminal Executive Code of the Republic of Tajikistan, art. 209, No. 36 of Aug. 6, 2001.
[14] Criminal Code of the Republic of Tajikistan, art. 24, May 21, 1998.
[15] U.N. CCPR, Human Rights Committee, Communication No. 1200/2003, generally, U.N. Doc. CCPR/C/95/D/1200/2003, Apr. 22, 2009.
[16] Criminal Executive Code of the Republic of Tajikistan, art. 222, No. 36 of Aug. 6, 2001; Criminal Code of the Republic of Tajikistan, art. 24, May 21, 1998.
[17] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 27, Background Paper 2007, Human Dimension Implementation Meeting, Sep.-Oct. 2007. This report indicates that exclusion from the death penalty is a given for individuals over the age of 63. Our copies of the Criminal Executive Code and Criminal Code did not exclude such individuals from execution; we have not found the law that expressly provides for this exclusion.

International Commitments
ICCPR
Party?
Yes. [1]

Date of Accession
Jan. 4, 1999. [2]

Signed?
No. [3]

Date of Signature
Not Applicable.

First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee
Party?
Yes. [4]

Date of Accession
Jan. 4, 1999. [5]

Signed?
No. [6]

Date of Signature
Not Applicable.

Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty
Party?
No. [7]

Date of Accession
Not Applicable.

Signed?
No. [8]

Date of Signature
Not Applicable.

American Convention on Human Rights
Party?
Not Applicable.

Death Penalty Protocol to the ACHR
Party?
Not Applicable.

African Charter on Human and Peoples’ Rights (ACHPR)
Party?
Not Applicable.

Protocol to the ACHPR on the Rights of Women in Africa
Party?
Not Applicable.

African Charter on the Rights and Welfare of the Child
Party?
Not Applicable.

2012 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [9]

Vote
In Favor. [10]

2010 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [11]

Vote
In Favor. [12]

Signed the Note Verbale of Dissociation
No. [13]

2008 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [14]

Vote
In Favor. [15]

Signed the Note Verbale of Dissociation
No. [16]

2007 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [17]

Vote
In Favor. [18]

Signed the Note Verbale of Dissociation
No. [19]

References
[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jun. 4, 2010.
[2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jun. 4, 2010.
[3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jun. 4, 2010.
[4] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Jun. 4, 2010.
[5] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Jun. 4, 2010.
[6] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Jun. 4, 2010.
[7] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Jun. 4, 2010.
[8] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Jun. 4, 2010.
[9] U.N.G.A., 67th Session, Third Committee, Moratorium on the Use of the Death Penalty, U.N. Doc. A/C.3/67/L.44/Rev.1, Nov. 15, 2012.
[10] U.N.G.A., 60th Plenary Meeting, Draft Resolution: Moratorium on the Use of the Death Penalty, U.N. Doc. A/67/457/Add.2, Dec. 20, 2012.
[11] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. A/65/456/Add.2, Dec. 8, 2010.
[12] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[13] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011.
[14] U.N.G.A., 63rd session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/63/430/Add.2, Dec. 4, 2008.
[15] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16-17, U.N. Doc. A/63/PV.70, Dec. 18, 2008.
[16] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009.
[17] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, pp. 3-4, U.N. Doc. A/62/439/Add.2, Dec. 5, 2007.
[18] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16- 17, U.N. Doc. A/62/PV.76, Dec. 18, 2007.
[19] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. A/62/658, Feb. 2, 2008.

Death Penalty In Law
Does the country’s constitution make reference to capital punishment?
Article 18 of the Constitution states that “no one can be deprived of life except by order of the court for the gravest crime.” Torture and inhuman punishment or treatment are prohibited. [1]

Does the country’s constitution make reference to international law?
Article 10 of the Constitution provides that the Constitution remains the highest law and that in a conflict between national law and ratified international documents the norms of those international documents prevail. [2]

Have there been any significant changes in the application of the death penalty over the last several years?
Yes. Until recently, the penal code provided the death penalty for drug trafficking [3] and possession for trafficking, [4] forcible seizure of power and attempts on the lives of statesmen and public figures, [5] various forms of robbery, [6] banditry and terrorism, [7] and some violations of international humanitarian law. [8] According to a report by the Office for Democratic Institutions and Human Rights (ODIHR) of the Office for Security and Cooperation in Europe (OSCE), in 2003 the President signed a law amending the penal code to abolish the death penalty for these offenses; the remaining death-eligible offenses are aggravated murder, aggravated rape, terrorism, genocide and biocide. [9] Some death sentences were commuted. [10]

A subsequent OSCE report suggests that the Criminal Executive Code was somewhat recently amended to exempt individuals over the age of 63 from the death penalty. [11]

In 2004, the President also announced an official moratorium on executions effective April 30, 2004; four men were executed in April and two more were reportedly executed within a few months after the April announcement. [12] However, OSCE reporting indicates that the official moratorium was effectively established and remained in effect as of June 2010. Additionally, Tajikistan’s government and NGOs in-country are involved in ongoing efforts to legally abolish the death penalty. [13]

The jurisprudence of the U.N. Human Rights Committee in recent years may lead to re-trials of individuals who, after 1999, were convicted and sentenced to death on the basis of coerced confessions after being tortured, denied access to attorneys and subjected to court proceedings in which a biased judiciary favored prosecutorial evidence. [14]

Is there currently an official moratorium on executions within the country?
Yes. In 2004, several people were executed before an official moratorium on executions was effectively established. The Organization for Security and Cooperation in Europe (OSCE) reports that the moratorium established in 2004 has remained in effect through at least June 2010. [15]

Have there been any significant published cases concerning the death penalty in national courts?
We did not find significant published cases from Tajikistan courts. Reports by the Organization for Security and Cooperation in Europe (OSCE) suggest that reforms related to the death penalty are driven by the legislature and executive. [16]

Where can one locate or access judicial decisions regarding the death penalty?
Tajikistan’s Constitutional Court maintains a website at http://www.constcourt.tj/eng/.

We did not find an internet-accessible source for Tajikistan’s Supreme Court.

GlobaLex maintains a web page discussing various resources for legal research in Tajikistan at http://www.nyulawglobal.org/globalex/Tajikistan1.htm.

What is the clemency process?
Every person sentenced to death has the right to petition for clemency within seven days of a cassation decision upholding the sentence of death. If an individual fails to petition for clemency, the prison administration with the participation of a public prosecutor must submit a motion with supporting documentation as to the convicted person’s refusal. Upon receipt of the clemency petition or motion, the President should issue a decision within 4 months. It is also possible for the Chairman of the Supreme Court or the General Public Prosecutor to enter a protest against an execution. Only if the President does not grant clemency and no protest is entered against the execution may the execution proceed. In case of a pardon, a death sentence is reduced to imprisonment for 25 years. [17] All death sentences are currently stayed [18] or commuted. [19]

Are jury trials provided for defendants charged with capital offenses?
The U.S. Department of State reports that there is no jury; in national security cases a judge is assisted by two lay assessors who serve a passive role. [20]

Brief Description of Appellate Process
A reading of the Criminal Executive Code makes it clear that defendants are legally entitled to appeal and to seek review of their cases by a cassation court. [21] We did not find the law specifically describing the appellate process. The U.S. Department of State has criticized the judicial process, stating that prosecutors maintained power to invalidate court rulings and force new trials. [22] We were unable to confirm that this assessment is accurate, although we do know that the 2001 Criminal Executive Code allows the prosecutor or a court official to protest in order to halt an execution. [23] We also confirmed that in 2009 Tajikistan adopted a new Criminal Procedure Code stripping the prosecutor of many powers by assigning to the courts authority over warrants and similar investigative decisions; the explanation for the amendments was alignment with modern criminal justice. [24] The Department of State’s critiques may have been resolved by recent amendments; as of 2006, a report by the U.N. Committee Against Torture somewhat corroborates those critiques. [25]

References
[1] Constitution of the Republic of Tajikistan, art. 18, as amended through 1999.
[2] Constitution of the Republic of Tajikistan, art. 10, as amended through 1999.
[3] Criminal Code of the Republic of Tajikistan, art. 200(3), 204(3), May 21, 1998.
[4] Criminal Code of the Republic of Tajikistan, art. 200(3), May 21, 1998.
[5] Criminal Code of the Republic of Tajikistan, arts. 306, 310, May 21, 1998.
[6] Criminal Code of the Republic of Tajikistan, art. 249(4), May 21, 1998.
[7] Criminal Code of the Republic of Tajikistan, arts. 181(3)(a-c), 184(3)(a-c), 186(1), May 21, 1998.
[8] Criminal Code of the Republic of Tajikistan, arts. 395, 403, May 21, 1998.
[9] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 32-33, Background Paper 2004/1, Human Dimension Implementation Meeting, Oct. 2004.
[10] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 30-31, Background Paper 2005, Human Dimension Implementation Meeting, Sep. 2005.
[11] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 27, Background Paper 2007, Human Dimension Implementation Meeting, Sep.-Oct. 2007. This report suggests that exclusion from the death penalty is a given for individuals over the age of 63 (by stating that life imprisonment was introduced as an alternative for those between 18 and 63). Our copies of the Criminal Executive Code and Criminal Code did not exclude such individuals from execution.
[12] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 32-33, Background Paper 2004/1, Human Dimension Implementation Meeting, Oct. 2004.
[13] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 7, Background Paper 2010, Human Dimension Implementation Meeting, Jun. 30, 2010.
[14] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, paras. 6, 7, 15, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Communication No. 1195/2003, generally, U.N. Doc. CCPR/C/95/D/1195/2003, Apr. 22, 2009; U.N. CCPR, Human Rights Committee, Communications Nos. 1108/2002 and 1121/2002, generally, U.N. Doc. CCPR/C/89/D/1108&1121/2002, May 3, 2007; U.N. CCPR, Human Rights Committee, Communications Nos. 1263/2004 and 1264/2004, generally, U.N. Doc. CCPR/C/94/D/1263-1264/2004, Oct. 30, 2008; U.N. CCPR, Human Rights Committee, Communication No. 1200/2003, generally, U.N. Doc. CCPR/C/95/D/1200/2003, Apr. 22, 2009. For analysis of the systemic situation these defendants faced, see: U.N. ESC, Commission on Human Rights, Report of the Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy: Tajikistan, generally, U.N. Doc. E/CN.4/2006/52/Add.4, Dec. 30, 2005.
[15] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 31-32, Background Paper 2004/1, Human Dimension Implementation Meeting, Oct. 2004; O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 7, Background Paper 2010, Human Dimension Implementation Meeting, Jun. 30, 2010.
[16] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 31-32, Background Paper 2004/1, Human Dimension Implementation Meeting, Oct. 2004; O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 7, Background Paper 2010, Human Dimension Implementation Meeting, Jun. 30, 2010.
[17] Criminal Executive Code of the Republic of Tajikistan, arts. 215, 216, 217, 219, No. 36 of Aug. 6, 2001; Criminal Code of the Republic of Tajikistan, art. 59, May 21, 1998.
[18] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009.
[19] For example: U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, p. 2, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Concluding Observations and Recommendations, U.N. Doc. CCPR/CO/84/TJK, Jul. 18, 2005.
[20] U.S. Dept. of State, 2009 Human Rights Report: Tajikistan, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136094.htm, Mar. 11, 2010.
[21] Criminal Executive Code of the Republic of Tajikistan, No. 36 of Aug. 6, 2001.
[22] U.S. Dept. of State, 2009 Human Rights Report: Tajikistan, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136094.htm, Mar. 11, 2010.
[23] Criminal Executive Code of the Republic of Tajikistan, art. 219, No. 36 of Aug. 6, 2001.
[24] Nargis Hamroboyeva, New Tajikistan’s Criminal Procedure Code Comes Into Effect Today, Asia-Plus, http://www.asiaplus.tj/en/news/37/63881.html, Jan. 4, 2010.
[25] U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, para. 10, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006

Death Penalty In Practice
Where Are Death-Sentenced Prisoners incarcerated?
According to the U.S. Department of State, Tajikistan maintains 8 prisons, which include four pre-trial detention centers and one prison for women. One of the detention centers is a new prison replacing the old prison in Khujand. [1] According to the Criminal Executive Code, individuals sentenced to death are held in solitary confinement in a reprimand prison, although they enjoy the rights of individuals held in pre-trial detention. [2]

Description of Prison Conditions
While it is unclear that any prisoners are held under sentence of death, [3] prisoners in Tajikistan reportedly face harsh and life-threatening conditions, including overcrowding and unsanitary conditions. [4] Tuberculosis, rapid spread of HIV and a lack of adequate medical care are serious problems. [5] The government prohibited access to incarceration facilities—for instance, the International Committee of the Red Cross did not maintain a presence in Tajikistan due to the government’s denial of full access to prisons and detention centers. [6]

Are there any known foreign nationals currently under sentence of death?
It is unclear that any individuals are held under sentence of death. [7] Prior to the moratorium, there was at least one foreign national (Russian national Vyacheslav Dunayev) under sentence of death, whose sentence was commuted to 25 years in prison in 2003 by the Supreme Court. [8]

What are the nationalities of the known foreign nationals on death row?
It is unclear that any individuals are held under sentence of death. [9]

Are there any known women currently under sentence of death?
It is unclear that any individuals are held under sentence of death. [10] Women are exempted from capital punishment. [11]

Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?
It is unclear that any individuals are held under sentence of death. [12]

Comments regarding the racial/ethnic composition on death row
It is unclear that any individuals are held under sentence of death. [13]

Are there lawyers available for indigent defendants facing capital trials?
The right to counsel is constitutionally and legally guaranteed. [14] Reports suggest that this right may be systematically denied to individuals facing serious criminal charges. [15] A 2005 report indicated that while indigents may have received free counsel, the state had made no provision to compensate attorneys for such services. [16]

Are there lawyers available for indigent prisoners on appeal?
The right to counsel is constitutionally and legally guaranteed. [17] Reports suggest that this right may be systematically denied to individuals facing serious criminal charges. [18] A 2005 report indicated that while indigents may have received free counsel, the state had made no provision to compensate attorneys for such services. [19]

Comments on Quality of Legal Representation
The U.S. Department of State indicates that weak judicial independence undermines the relevance of quality representation in a system that favors evidence presented by the state. [20] Publications by the Organization for Security and Cooperation in Europe (OSCE), U.N. Committee on Torture and the Human Rights Committee corroborate this. [21]

Other Comments on Criminal Justice System
Torture, denial of counsel, violations during interrogation and a overwhelmingly prosecution-biased judiciary are reportedly endemic problems and have been associated with at least one capital prosecution and sentence appealed to the U.N. Human Rights Committee. In that case, police detained a murder suspect in isolation, denied him food and water, and periodically beat and tortured him until he made a confession. The suspect was denied access to his assigned counsel, and investigators did not attempt to confirm his alibis or consider evidence of his innocence. The defendant continued to be beaten throughout pre-trial detention. At trial, the proceedings were conducted in an accusatory fashion and the court considered only prosecutorial evidence. The U.N. Human Rights Committee ordered the remedy of a new, fair trial. Other petitions illustrate violations related to access to attorneys and to adequate time to prepare a defense in a capital case. [22]

The 2005 report of Special Rapporteur on the independence of judges and lawyers Leandro Despouy outlines similar problems with the criminal justice system. Free legal assistance is not guaranteed, access to attorneys is denied, the independence of the judiciary is limited, the presumption of innocence is in practice not respected, equipoise in resources and information between the defense and the state is in practice not respected, there is no practical protection against torture or the use of coerced confessions, judges are biased towards the prosecution and could face retaliatory prosecution if they acquit a defendant (on charges of bribery), as of 2005 appellate review had not been formally guaranteed, and protections against executive retaliation by removal were not guaranteed. [23]

References
[1] U.S. Dept. of State, 2009 Human Rights Report: Tajikistan, Torture and Cruel, Inhuman, Degrading or Other Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136094.htm, Mar. 11, 2010.
[2] Criminal Executive Code of the Republic of Tajikistan, art. 214, No. 36 of Aug. 6, 2001.
[3] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, p. 2, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Concluding Observations and Recommendations, U.N. Doc. CCPR/CO/84/TJK, Jul. 18, 2005.
[4] U.S. Dept. of State, 2009 Human Rights Report: Tajikistan, Torture and Cruel, Inhuman, Degrading or Other Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136094.htm, Mar. 11, 2010.
[5] U.N. ESC, Committee on Economic, Social and Cultural Rights, Concluding Observations, paras. 38-39, U.N. Doc. E/C.12/TJK/CO/1, Nov. 24, 2006.
[6] U.S. Dept. of State, 2009 Human Rights Report: Tajikistan, Torture and Cruel, Inhuman, Degrading or Other Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136094.htm, Mar. 11, 2010.
[7] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, p. 2, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Concluding Observations and Recommendations, U.N. Doc. CCPR/CO/84/TJK, Jul. 18, 2005.
[8] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009
[9] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, p. 2, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Concluding Observations and Recommendations, U.N. Doc. CCPR/CO/84/TJK, Jul. 18, 2005.
[10] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, p. 2, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Concluding Observations and Recommendations, U.N. Doc. CCPR/CO/84/TJK, Jul. 18, 2005.
[11] Criminal Code of the Republic of Tajikistan, generally, art. 59, May 21, 1998.
[12] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, p. 2, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Concluding Observations and Recommendations, U.N. Doc. CCPR/CO/84/TJK, Jul. 18, 2005.
[13] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, p. 2, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Concluding Observations and Recommendations, U.N. Doc. CCPR/CO/84/TJK, Jul. 18, 2005.
[14] Constitution of the Republic of Tajikistan, art. 19, as amended through 1999; Criminal Executive Code of the Republic of Tajikistan, art. 315, No. 36 of Aug. 6, 2001.
[15] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, paras. 6, 7, 15, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Communication No. 1195/2003, generally, U.N. Doc. CCPR/C/95/D/1195/2003, Apr. 22, 2009; U.N. CCPR, Human Rights Committee, Communications Nos. 1108/2002 and 1121/2002, generally, U.N. Doc. CCPR/C/89/D/1108&1121/2002, May 3, 2007; U.N. CCPR, Human Rights Committee, Communications Nos. 1263/2004 and 1264/2004, generally, U.N. Doc. CCPR/C/94/D/1263-1264/2004, Oct. 30, 2008.
[16] U.N. ESC, Commission on Human Rights, Report of the Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy: Tajikistan, para. 46, U.N. Doc. E/CN.4/2006/52/Add.4, Dec. 30, 2005.
[17] Constitution of the Republic of Tajikistan, art. 19, as amended through 1999; Criminal Executive Code of the Republic of Tajikistan, art. 315, No. 36 of Aug. 6, 2001.
[18] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, paras. 6, 7, 15, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Communication No. 1195/2003, generally, U.N. Doc. CCPR/C/95/D/1195/2003, Apr. 22, 2009; U.N. CCPR, Human Rights Committee, Communications Nos. 1108/2002 and 1121/2002, generally, U.N. Doc. CCPR/C/89/D/1108&1121/2002, May 3, 2007; U.N. CCPR, Human Rights Committee, Communications Nos. 1263/2004 and 1264/2004, generally, U.N. Doc. CCPR/C/94/D/1263-1264/2004, Oct. 30, 2008.
[19] U.N. ESC, Commission on Human Rights, Report of the Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy: Tajikistan, para. 46, U.N. Doc. E/CN.4/2006/52/Add.4, Dec. 30, 2005.
[20] U.S. Dept. of State, 2009 Human Rights Report: Tajikistan, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136094.htm, Mar. 11, 2010.
[21] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, generally, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Communication No. 1195/2003 by Mr. Vladimir Dunaev, generally, U.N. Doc. CCPR/C/95/D/1195/2003, Apr. 22, 2009.
[22] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, paras. 6, 7, 15, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Communication No. 1195/2003, generally, U.N. Doc. CCPR/C/95/D/1195/2003, Apr. 22, 2009; U.N. CCPR, Human Rights Committee, Communications Nos. 1108/2002 and 1121/2002, generally, U.N. Doc. CCPR/C/89/D/1108&1121/2002, May 3, 2007; U.N. CCPR, Human Rights Committee, Communications Nos. 1263/2004 and 1264/2004, generally, U.N. Doc. CCPR/C/94/D/1263-1264/2004, Oct. 30, 2008.
[23] U.N. ESC, Commission on Human Rights, Report of the Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy: Tajikistan, generally, U.N. Doc. E/CN.4/2006/52/Add.4, Dec. 30, 2005.

Decisions of International Human Rights Bodies
Decisions of Human Rights Committee
In one petition decided in 2009, the U.N. Human Rights Committee considered violations of the ICCPR related to an individual’s right to a fair trial and to the prohibition of torture and arbitrary deprivation of life. In that case, police detained a murder suspect in isolation, denied him food and water, and periodically beat and tortured him until he made a confession. The suspect was denied access to his assigned counsel, and investigators did not attempt to confirm his alibis or consider evidence of his innocence. The defendant continued to be beaten throughout pre-trial detention. At trial, the proceedings were conducted in an accusatory fashion and the court considered only prosecutorial evidence. The U.N. Human Rights Committee found violations and ordered the remedy of a new, fair trial. These facts in petitions submitted to the Committee against capital convictions are not idiosyncratic; other cases also emphasize the issue of access to attorneys and adequate time to prepare a defense when facing capital charges. [1] Tajikistan police, investigators and courts have committed these violations in at least one case involving a mentally retarded defendant. [2]

The HRC has also welcomed the decreased scope of the death penalty and the current moratorium on the imposition or execution of the death penalty; [3] as the above case demonstrates, despite the moratorium there may be those facing lengthy commuted sentences who were improperly convicted of the underlying offense.

Decisions of Other Human Rights Bodies
Tajikistan is scheduled for Universal Periodic Review by the Human Rights Council in October 2011: http://www.upr-info.org/-Tajikistan-.html.

The 2006 report of the U.N. Committee Against Torture suggests that the criminal justice system’s legitimacy is seriously undermined by endemic problems of torture, denial of access to representation, a biased judiciary and harsh conditions of detention and incarceration. [4] The 2005 report of Special Rapporteur on the independence of judges and lawyers Leandro Despouy outlines similar problems with the criminal justice system. Free legal assistance is not guaranteed, access to attorneys is denied, the independence of the judiciary is limited, the presumption of innocence is in practice not respected, equipoise in resources and information between the defense and the state is in practice not respected, there is no practical protection against torture or the use of coerced confessions, judges are biased towards the prosecution and could face retaliatory prosecution if they acquit a defendant (on charges of bribery), as of 2005 appellate review had not been formally guaranteed, and protections against executive retaliation by removal were not guaranteed. [5]

References
[1] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, paras. 6, 7, 15, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Communication No. 1195/2003, generally, U.N. Doc. CCPR/C/95/D/1195/2003, Apr. 22, 2009; U.N. CCPR, Human Rights Committee, Communications Nos. 1108/2002 and 1121/2002, generally, U.N. Doc. CCPR/C/89/D/1108&1121/2002, May 3, 2007; U.N. CCPR, Human Rights Committee, Communications Nos. 1263/2004 and 1264/2004, generally, U.N. Doc. CCPR/C/94/D/1263-1264/2004, Oct. 30, 2008.
[2] U.N. CCPR, Human Rights Committee, Communication No. 1200/2003, generally, U.N. Doc. CCPR/C/95/D/1200/2003, Apr. 22, 2009.
[3] U.N. CCPR, Human Rights Committee, Concluding Observations and Recommendations, U.N. Doc. CCPR/CO/84/TJK, Jul. 18, 2005.
[4] U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, generally, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006.
[5] U.N. ESC, Commission on Human Rights, Report of the Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy: Tajikistan, generally, U.N. Doc. E/CN.4/2006/52/Add.4, Dec. 30, 2005.

Additional Sources and Contacts
Direct member(s) of World Coalition Against the Death Penalty
League of Women Lawyers of Tajikistan
Mrs. Zebo Sharifova, Executive director
kanoat_kh@yahoo.com
Tel: +99237 221-21-49 / +992 918-81-71-61
Fax: (+99237)221-21-49
www.lwl.orgfree.com

Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty
Helpful Reports and Publications
Amnesty Intl., Tajikistan: Deadly Secrets, EUR 60/001/2003, Apr. 2, 2003.

Additional notes regarding this country
It is true that a moratorium on executions and death sentences is in place, [1] and reportedly all death sentences in Tajikistan have been commuted. [2] However, a commuted death sentence is still a lengthy sentence in Tajikistan—25 years imprisonment. [3] It should be remembered that defendants previously on death row in Tajikistan were subjected to a criminal justice system in which the grossest violations of the human rights of the accused were commonplace. Accused were tortured, forced to make confessions, denied access to attorneys, denied the time to prepare a defense, and subjected to trial before a prosecution-biased judiciary that was not effectively immune to retaliation by dissatisfied prosecutors. [4]

References
[1] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 31-32, Background Paper 2004/1, Human Dimension Implementation Meeting, Oct. 2004; O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 7, Background Paper 2010, Human Dimension Implementation Meeting, Jun. 30, 2010.
[2] For example: U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, p. 2, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Concluding Observations and Recommendations, U.N. Doc. CCPR/CO/84/TJK, Jul. 18, 2005.
[3] Criminal Code of the Republic of Tajikistan, art. 59, May 21, 1998.
[4] O.S.C.E. ODIHR, Human Rights Section, The Death Penalty in the OSCE Area, p. 6-7, Background Paper 2009, Human Dimension Implementation Meeting, 2009; U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Committee Against Torture, Concluding Observations and Recommendations: Tajikistan, paras. 6, 7, 15, U.N. Doc. CAT/C/TJK/CO/1, Dec. 7, 2006; U.N. CCPR, Human Rights Committee, Communication No. 1195/2003, generally, U.N. Doc. CCPR/C/95/D/1195/2003, Apr. 22, 2009; U.N. CCPR, Human Rights Committee, Communications Nos. 1108/2002 and 1121/2002, generally, U.N. Doc. CCPR/C/89/D/1108&1121/2002, May 3, 2007; U.N. CCPR, Human Rights Committee, Communications Nos. 1263/2004 and 1264/2004, generally, U.N. Doc. CCPR/C/94/D/1263-1264/2004, Oct. 30, 2008; U.N. CCPR, Human Rights Committee, Communication No. 1200/2003, generally, U.N. Doc. CCPR/C/95/D/1200/2003, Apr. 22, 2009. For analysis of the systemic situation these defendants faced, see: U.N. ESC, Commission on Human Rights, Report of the Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy: Tajikistan, generally, U.N. Doc. E/CN.4/2006/52/Add.4, Dec. 30, 2005.

SOURCE: Death Penality Worldwide