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Tajikistan: How does the law on amnesty work?
Former prisoners complain about violations of their rights during the implementation of amnesty laws. According to them, they are extorted money, using their legal illiteracy and vulnerable status.
photo CABAR.asia
photo CABAR.asia
Muslima, the mother of 23-year-old Azamatullo Khalimov, said that her son was sentenced in 2020 to five years in prison under Part 3 of Article 244 ("Theft") of the Criminal Code of the Republic of Tajikistan.
Her son has already been serving his sentence for 1.5 years in Sino District Colony No. 7 in Dushanbe.
"As part of the regulations, my son and I see each other every three months, and I stay with him for one night. My son says that his comrades are being photographed and their documents are being prepared for amnesty. He is worried that he will not be amnestied, so he is very upset. He says: "Mother, perhaps I am not subject to the amnesty law".
Azamatullo's mother says thinking about it and worrying about it has made her health worse.
"I still hope that my son will be released under the amnesty law".
Her son has already been serving his sentence for 1.5 years in Sino District Colony No. 7 in Dushanbe.
"As part of the regulations, my son and I see each other every three months, and I stay with him for one night. My son says that his comrades are being photographed and their documents are being prepared for amnesty. He is worried that he will not be amnestied, so he is very upset. He says: "Mother, perhaps I am not subject to the amnesty law".
Azamatullo's mother says thinking about it and worrying about it has made her health worse.
"I still hope that my son will be released under the amnesty law".
I didn't believe that I would be released...
Another of our interlocutors is from Rogun. He told CABAR.asia, in terms of anonymity, that in 2017 he was sentenced to three years and four months on extremism charges and was not sure that he would be released in 2019 in accordance with the amnesty law.
He said colony officials came in one day at four in the morning and read the names of those who should have been amnestied.
"I didn't believe it was going to happen. When the colony guard read out the names, suddenly my name came up. My heart almost stopped. I didn't know what to do, I couldn't believe my ears. Even my parents didn't believe I would be released, so when they let us go, I didn't tell my family and went straight home," he says happily.
photo: CABAR.asia
He said colony officials came in one day at four in the morning and read the names of those who should have been amnestied.
"I didn't believe it was going to happen. When the colony guard read out the names, suddenly my name came up. My heart almost stopped. I didn't know what to do, I couldn't believe my ears. Even my parents didn't believe I would be released, so when they let us go, I didn't tell my family and went straight home," he says happily.
photo: CABAR.asia
Sixteen thousand people were amnestied...
The Tajik parliament passed an amnesty law in September 2021 pardoning 16,000 people and exempting 10,700 from criminal responsibility and the remainder of their sentences.
According to official data, 800 suspects and accused, 350 defendants, about 3,000 convicts from penitentiary institutions, 1,900 convicts from correctional colonies, and 4,650 convicts will be released from correctional colonies. The sentences of 5,300 convicts will be commuted.
The amnesty law applies to a wide range of convicts and persons whose cases are under investigation, preliminary investigation, and court proceedings.
According to official data, 800 suspects and accused, 350 defendants, about 3,000 convicts from penitentiary institutions, 1,900 convicts from correctional colonies, and 4,650 convicts will be released from correctional colonies. The sentences of 5,300 convicts will be commuted.
The amnesty law applies to a wide range of convicts and persons whose cases are under investigation, preliminary investigation, and court proceedings.
How is the amnesty law being implemented?
According to Shukhrat Kudratov, a Tajik lawyer who currently defends the interests of migrant workers in Russia, the law will be put into effect after the president signs it and after publication in the press in order to prepare for the amnesty and decide on the release of prisoners.
"According to this law, the prison administration must prepare documents for the amnestied persons and decide on their release," he said.
Then the prosecutor must approve the execution of laws in penitentiary institutions and the prisoners will be released.
Shukhrat Kudratov, who had previously served his sentence, says that under the amnesty law passed on August 24, 2016, he was supposed to be released.
"However, this law was not applied to me, that is, a crime was committed against me, because I was not released."
According to Kudratov, the amnesty is implemented in several stages and people are trying to be released as quickly as possible. Administrative officials extort money from the prisoners, promising them to speed up their release.
Another former prisoner, who did not want to be named, said that some prison officials take advantage of prisoners' legal illiteracy and vulnerability.
"Although with the change of the head of the Main Directorate for the Execution of Punishments these factors have decreased, but they still exist," he said.
According to him, money is extorted even from those prisoners who should be amnestied by law. There are also cases where they take money from prisoners whose articles are not included in the law on amnesty. Then these deceived people can no longer get their money back and are afraid to file complaints.
"It would be good if lawyers and human rights activists held meetings inside institutions before implementing the amnesty law," he added.
photo: CABAR.asia
"According to this law, the prison administration must prepare documents for the amnestied persons and decide on their release," he said.
Then the prosecutor must approve the execution of laws in penitentiary institutions and the prisoners will be released.
Shukhrat Kudratov, who had previously served his sentence, says that under the amnesty law passed on August 24, 2016, he was supposed to be released.
"However, this law was not applied to me, that is, a crime was committed against me, because I was not released."
According to Kudratov, the amnesty is implemented in several stages and people are trying to be released as quickly as possible. Administrative officials extort money from the prisoners, promising them to speed up their release.
Another former prisoner, who did not want to be named, said that some prison officials take advantage of prisoners' legal illiteracy and vulnerability.
"Although with the change of the head of the Main Directorate for the Execution of Punishments these factors have decreased, but they still exist," he said.
According to him, money is extorted even from those prisoners who should be amnestied by law. There are also cases where they take money from prisoners whose articles are not included in the law on amnesty. Then these deceived people can no longer get their money back and are afraid to file complaints.
"It would be good if lawyers and human rights activists held meetings inside institutions before implementing the amnesty law," he added.
photo: CABAR.asia
Ministry of Justice: "No one has the right to speak until this process is finished".
We tried to get the opinion of those responsible for implementing the Amnesty Law, but the Ministry of Justice, in response to an appeal by CABAR.asia, said:
"The process is ongoing and no one has the right to speak until this process is completed."
Meanwhile, lawyer Abdurakhman Sharipov claims that, in fact, the law does not specify in what month and how many prisoners must be released. However, the law does specify which bodies are authorized and which groups of convicts are to be released under the amnesty law.
"The process is ongoing and no one has the right to speak until this process is completed."
Meanwhile, lawyer Abdurakhman Sharipov claims that, in fact, the law does not specify in what month and how many prisoners must be released. However, the law does specify which bodies are authorized and which groups of convicts are to be released under the amnesty law.
photo: CABAR.asia
"The number of convicts to be released depends on the schedule of the bodies themselves and has a three-month period," he said.
According to the Criminal Code, if a person committed a crime before the amnesty law was approved or if a criminal case was initiated against him and he is under investigation and trial, the amnesty law can be used to exempt the person from criminal prosecution. However, if the person is on trial, the sentence may be commuted or acquitted. This corresponds to the articles of law applicable to this or that person.
According to Sharipov, the amnesty law provides for the release of convicts or persons against whom a criminal case of medium, serious and especially serious category of crimes is pending. The law provides sanctions for these crimes. That is, a person who should be released under the amnesty law should be released. Without delay.
According to Sharipov, the amnesty law provides for the release of convicts or persons against whom a criminal case of medium, serious and especially serious category of crimes is pending. The law provides sanctions for these crimes. That is, a person who should be released under the amnesty law should be released. Without delay.
The amnesty law last took effect in November 2019, and authorities said it affected 20,000 people.
In Tajikistan, especially during the celebration of Constitution and Independence Days, amnesty laws are traditionally passed. In 2021, a law pardoning prisoners and detainees was passed for the 16th time in 30 years.
This material was prepared within the framework of the IWPR project "Amplify, Verify, Engage: Information for Democratisation and Good Governance in Eurasia", funded by the Norwegian Foreign Ministry, and the mentoring program of the "Development of New Media and Digital Journalism in Central Asia" project, implemented by the Institute for War Reporting and Peace (IWPR) with the support of the UK Government. The content of this publication does not reflect the official views of IWPR, the Norwegian Foreign Office, or the UK Government.
