14
VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS 1 The judicial system of Tajikistan and the situation of the opposition movement “Group 24”: an assessment Oct. 14 th , 2015 Fabio Belafatti* Abstract This document provides an overview of the main features of the judicial system of the Republic of Tajikistan, with particular reference to its independence - or lack thereof – from the executive power and the issue of political usage of justice in the country. It then proceeds with an assessment of the situation of the opposition movement “Group 24” 1 , a recently established opposition group, allegedly targeted with political persecution. It concludes (in light of international experts and organizations views about the political, judiciary and human rights situation of the country) that the risk of human rights abuse against members of opposition groups is extremely high. * Vilnius University, Centre of Oriental Studies (Coordinator of the Centre of Contemporary Central Asian Studies). For communication: email: [email protected] or mail at: Vilniaus universiteto Orientalistikos centras | Universiteto g. 5, LT-01513 Vilnius 1 Also known as “Group of 24”

The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

  • Upload
    trinhtu

  • View
    217

  • Download
    0

Embed Size (px)

Citation preview

Page 1: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

1

The judicial system of Tajikistan and the situation of the opposition movement

“Group 24”: an assessment

Oct. 14th, 2015 Fabio Belafatti*

Abstract

This document provides an overview of the main features of the judicial system of the Republic of Tajikistan, with particular reference to its independence - or lack thereof – from the executive power and the issue of political usage of justice in the country. It then proceeds with an assessment of the situation of the opposition movement “Group 24” 1 , a recently established opposition group, allegedly targeted with political persecution. It concludes (in light of international experts and organizations views about the political, judiciary and human rights situation of the country) that the risk of human rights abuse against members of opposition groups is extremely high.

* Vilnius University, Centre of Oriental Studies (Coordinator of the Centre of Contemporary Central Asian Studies). For communication: email: [email protected] or mail at: Vilniaus universiteto Orientalistikos centras | Universiteto g. 5, LT-01513 Vilnius

1 Also known as “Group of 24”

Page 2: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

2

The judicial system in Tajikistan

Political framework

In the opinion of many prominent analysts of Central Asian politics, since

achieving independence in 1991 Tajikistan’s political system has been

characterized by a high degree of region-based factionalism (which escalated

into a ferocious civil war between 992 and 1997) coupled with strong

authoritarian tendencies from the president of the country, Emomalii Rahmon

(Эмомалӣ Раҳмон),2 leader of the faction that emerged victorious from the civil

war. 3 The political dynamics of Tajikistan have at times been described as

approaching the conditions of a failed state, 4 with a tendency to significant

degrees of “warlordism” and military confrontation between the current

leadership and the forces of the opposition,5 defeated during the 1992-1997

war.

The American political scientist Jesse Driscoll of the University of California

explains in his recent and acclaimed book how warlordism was instrumental in

how the regime of President Rahmon was constituted following the civil war:6

“A local puppet president served as a placeholder for opaque coalition

politics. Many warlords became violence subcontractors for the regime.

Some did not. Complicated bargaining followed. Back-room deals were

struck. A great deal of property changed hands. Peace emerged as local

criminals developed techniques to hold civilians hostage and re-write

local history to their advantage. In other words, the warlords became

the state.”

2 United States Department of State, Tajikistan 2013 Human Rights Report, 2013, available from: http://www.state.gov/documents/organization/220618.pdf

3 See for a general assessment: K. Collins, Clan Politics and Regime Transition in Central Asia, Cambridge University Press, Cambridge, 2006; J. Heathershaw and E. Herzig, ed., The Transformation of Tajikistan: the Sources of Statehood, Routledge, London/New York, 2013.

4 International Crisis Group, Tajikistan: on the road to failure, Asia Report 162, Feb. 12th, 2009, available from: http://www.crisisgroup.org/~/media/Files/asia/central-asia/tajikistan/162_tajikistan___on_the_road_to_failure.pdf

5 International Crisis Group, Tajikistan: the changing insurgent threats, Asia Report 205, May 24th, 2011, available from: http://www.crisisgroup.org/~/media/Files/asia/central-asia/tajikistan/205%20Tajikistan%20-%20The%20Changing%20Insurgent%20Threats.pdf

6 J. Driscoll, Warlords and Coalition Politics in Post-Soviet States, Cambridge University Press, New York, 2015, p.2

Page 3: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

3

In parallel with the consolidation of a political system now widely considered as

non-democratic, in which elections are routinely assessed by international

organizations such as the OSCE as being neither free nor fair, 7 Tajikistan

witnessed the establishment of judicial practices that have been often described

as falling significantly below international standards in terms of fair trial,

protection against torture, independence of the judicial system from the

executive power, protection from arbitrary prosecution, and rule of law in a

broad sense.

Access to an independent judicial system and lawyers

The judicial system of Tajikistan has been described as severely deficient

in a number of reports from a broad range of sources. The 2008 “Rule of Law

Initiative” report, funded by the OSCE, the Swiss cooperation organization and

the Open Society Foundation, has assessed the country’s judicial system

according to 30 core factors, none of which was rated positively.8 Of these, 13

were rated “neutral”, while 17 as “negative”. It is relevant to note, for the

purpose of this assessment, that those rated negatively also include the judicial

jurisdiction of civil liberties, about which the report’s authors commented that:

“An array of civil and human rights violations, including the right to a

fair trial and effective counsel, have been catalogued in numerous

reports by international and local NGOs; however, thus far the judiciary

has been reluctant to provide effective remedies to victims of these

violations.”

Corruption is allegedly widespread in the country’s judicial system: Transparency

International points out that the judicial system is “subject to widespread

7 For official assessments, see the OSCE database of electoral observation missions to Tajikistan at http://www.osce.org/odihr/elections/tajikistan; See for a summary: F. Belafatti, Elections in Tajikistan: an unexpected path to a predictable outcome, Centre for Geopolitical Studies, Nov. 8th, 2013, available from: http://www.geopolitika.lt/?artc=6338, and F. Belafatti, Missed opportunities: elections in Tajikistan, regional stability and lack of alternatives in Central Asia, Centre for Geopolitical Studies, Nov. 18th, 2013, available from http://www.geopolitika.lt/?artc=6354; for reference to the latest political developments, see J. Heathershaw, US looks away as tyranny steals a march in Central Asia, FT beyondbrics, Sept. 29th, 2015, available from: http://blogs.ft.com/beyond-brics/2015/09/29/us-looks-away-as-tyranny-steals-a-march-in-central-asia/

8 American Bar Association, Judicial Reform Index for Tajikistan, Washington/Dushanbe, 2008, available from: http://www.americanbar.org/content/dam/aba/directories/roli/tajikistan/tajikistan_jri_12_2008_en.authcheckdam.pdf ; see p. 14 and following for detailed assessment of the factors.

Page 4: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

4

corruption”,9 which casts doubts on the possibility to secure fair and independent

trial in the country. Problems occur in most areas of the judicial system (In a

recent report, after summarizing severe shortcomings in guarantees and

implementation of commercial and financial laws, the European Bank for

Reconstruction and Development has ranked Tajikistan’s state of commercial

and financial laws in the second-worst position across the whole FSU after

Turkmenistan).10

Recent assessments from Freedom House, leading watchdog in monitoring the

democratic development of the region, have consistently ranked Tajikistan’s

democratic progress and judicial system in very negative terms. Freedom House

employs a 1-7 rating scale in which 1 indicates the highest level of democratic

progress and 7 indicates the lowest. The 2015 assessment of Tajikistan, which

takes into account political developments in the country between Jan 1st and

Dec. 31st, 2014, assigns Tajikistan’s judicial framework a 6.5 score,11 fully within

the “consolidated authoritarian” side of the spectrum, and very close to the far

end of the rating scale, in line with the regional average of 6.65.12 Tajikistan’s

judicial framework gets the third-worst score across the 29 countries of the

post-Communist world.13 As a term of comparison, Lithuania’s judicial system is

rated with 1.75, 14 indicating a much more consolidated independence and

freedom of the judicial system.

9 Transparency International, U4 Expert Answer, Overview of corruption and anti-corruption in Tajikistan, available from: http://www.transparency.org/files/content/corruptionqas/356_Overview_of_Corruption_in_Tajikistan.pdf

10 EBRD, Commercial Laws of Tajikistan – April 2012 – An Assessment by the EBRD, Office of the General Counsel; “The judiciary is politically dependent and the possibility of winning a case against the government is barely non-existent”, p. 5

11 Freedom House, Nations in Transit 2015 report, Tajikistan, available from: https://freedomhouse.org/report/nations-transit/2015/tajikistan

12 Calculated using the score of Kazakhstan (6.5), Tajikistan (6.5), Uzbekistan (7), Turkmenistan (7) and Kyrgyzstan (6.25) (Freedom House, Nations in Transit 2015 reports, Kyrgyzstan, available from: https://freedomhouse.org/report/nations-transit/2015/kyrgyzstan, Turkmenistan, available from: https://freedomhouse.org/report/nations-transit/2015/turkmenistan, Uzbekistan, available from: https://freedomhouse.org/report/nations-transit/2015/uzbekistan, Kazakhstan, available from: https://freedomhouse.org/report/nations-transit/2015/kazakhstan, Tajikistan, available from: https://freedomhouse.org/report/nations-transit/2015/tajikistan). For safety reasons, the experts and scholars who compile of most of Freedom House’s reports about Central Asian countries are kept anonymous.

13 Freedom House, Sylvana Habdank-Kołaczkowska, Nations in Transit 2015: Democracy on the Defensive in Europe and Eurasia, 2015, available from: https://freedomhouse.org/sites/default/files/FH_NIT2015_06.06.15_FINAL.pdf

14 Freedom House, Mindaugas Jurkynas, Nations in Transit 2015 report, Lithuania, available from: https://freedomhouse.org/report/nations-transit/2015/lithuania

Page 5: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

5

According to Freedom House researchers, which have been ranking Tajikistan

among the “consolidated authoritarian regimes” since 2009, 15 the “Judicial

Framework and Independence” factor has steadily worsened over time from a

score of 5.75 in 2006 to the current one of 6.5. No sign of improvement has

been registered in the rankings, and a further step towards the lowest end of the

spectrum was registered in 2014, reflected in the 2015 assessment, largely as a

result of the situation of Group 24.

Lawyers who attempted in the past to represent real or perceived members of

opposition have been particularly targeted, through smear campaigns, politically

motivated criminal charges, arrests and, at least in one case, a prison sentence

following an unfair trial. Reprisals against independent lawyers made it near

impossible for opposition members facing criminal charges to secure

independent legal counsel.16

The situation of “Group 24” Human rights situation and risks for opposition groups

Appeals to reform of the judicial system date back to the early 2000s,17

but they do not seem to have brought about significant change. Concerns for

human rights violations have been raised over the last few weeks – among

others, by the United Nations’ Human Rights Office - as a result of the banning

of the country’s only opposition party.18 Human Rights Watch recently listed a

considerable number of issues with human rights violations in Tajikistan,19 with

the following comment about the use of torture in the country’s justice system:

15 See Freedom House reports by year at: https://freedomhouse.org/report/nations-transit/2009/tajikistan

16 See in this regard: Human Rights Watch, Tajikistan: Human Rights Lawyer Detained, Oct. 7th, 2015, available from: https://www.hrw.org/news/2015/10/07/tajikistan-human-rights-lawyer-detained ; see also the United States Government’s Statement on Political Opposition in Tajikistan (available from the Embassy’s website at: http://dushanbe.usembassy.gov/sp_10092015.html), which echoes similar statements from the EU and urges “the Tajik government to fully implement its OSCE commitments and international obligations on freedom of expression, association, and assembly enshrined in the International Covenant on Civil and Political Rights, including the expression of opposing political views”.

17 See for example OSCE, Tajikistan urged to bring justice system into line with international norms, Apr. 23, 2002, available from: http://www.osce.org/tajikistan/54300

18 United Nations, UN human rights office voices concern after Tajikistan bans Islamic political party, Oct. 2nd, 2015, available from: http://www.un.org/apps/news/story.asp?NewsID=52122#.VhZgOPl_NBc

19 Human Rights Watch, World Report 2014: Tajikistan – events of 2013, available from: https://www.hrw.org/world-report/2014/country-chapters/tajikistan

Page 6: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

6

“Torture is often used to coerce confessions and the right to counsel is

routinely denied in pre-trial custody. In January, UN Special

Rapporteur on Torture Juan Mendez stated in his report on his May

2012 visit to Tajikistan that with regard to torture, “numerous loopholes

and inconsistencies” persist in criminal procedure and law enforcement

practices. In July 2013, the Coalition against Torture, a group of Tajik

NGOs, reported that despite some reforms, claims of torture by

detainees have increased since the beginning of 2012.”

The United States Department of State’s assessment of the human rights

situation in Tajikistan agrees with the above-mentioned report, listing a long

series of cases of arbitrary or unlawful deprivation of life, politically-motivated

disappearances, torture and other cruel, inhuman or degrading treatment or

punishment, arbitrary arrest or detention, and shortcomings in trial procedures -

in many cases involving opposition leaders or movements – as well as significant

human rights issues in the country’s prisons.20

Within this context, the situation of the opposition movement “Group 24” can be

described as critical.

Repression against “Group 24”

Group 24 is a small opposition movement - operating mostly in exile -

that focuses on criticism of alleged corruption, nepotism, thievery behaviours

and clienteles in the administration of president Rahmon.21 The movement was

outlawed by the government. Its impact on the Tajik political sphere is difficult

to assess due to lack of free and independent opinion polls, but it is estimated to

be minimal given the country’s passive political atmosphere (An appeal by Group

24 to hold a demonstration in Dushanbe in Oct. 2014 did not result in any

mobilization).22 Despite all this, the government seems to have embarked upon

20 United States Department of State, op. cit.

21 See for example current “Group 24” leader Sharofiddin Gadoev’s talk at https://www.youtube.com/watch?v=ccKJuquAoJ8

22 See for example N. Hambaraeva, Tajik Protest Plan Squashed Before it Starts, Oct. 9th, 2014, IWPR, available from: https://iwpr.net/global-voices/tajik-protest-plan-squashed-it-starts , and Mark Vinson, Fears of a Tajik Maidan — A Net Assessment of the Ukraine Crisis’ Impact on the Domestic Situation in Tajikistan Since the Start of 2014, Oct. 17th, 2014, The Jamestown Foundation, available from: http://www.jamestown.org/single/?tx_ttnews%5Btt_news%5D=42968&no_cache=1#.VhZtsvl_NBd

Page 7: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

7

a full-scale operation of dismantlement of the group, which has left many

observers shocked for its violence, rapidity and effectiveness. 23 Group 24

members have been arrested, harassed, attacked and, in at least one known

case, murdered:

- The founder and former leader of Group 24, Umarali Quvatov, fled

Tajikistan in 2012, was arrested in Dubai, released in 2013, and moved to

Bishkek in 2013-2014. Fearing persecution from the Tajik authorities, he

fled to Istanbul, where he and his family were poisoned in March 2015.

While his family survived, Quvatov was shot and murdered after falling ill

from poisoning, in what was the first successful assassination of a

member of the Tajik opposition.24 In Jan. 2015, Freedom House had

expressed concerns about Quvatov’s security.25

- The new leader of the group, Sharofiddin Gadoev, currently lives in

exile in Spain, where he fled (after a period of exile in Russia) fearing the

threat of violence against his family (the Tajik police had detained his

parents, sister and brother-in-law in Oct. 2013).

- Group 24 member Maksud Ibragimov founded the “Youth for the

Revival of Tajikistan” movement in Oct. 2014. The government reacted by

making the movement illegal. Upon request from Tajikistan, he was

temporarily detained in Russia (where he lives), but released when the

Russian authorities learned that he holds Russian citizenship. Later, in

Nov. 2014, he was attacked and stabbed six times by unknown assailants

in Moscow. Maksud survived but later his family reported that his

Russian citizenship had been revoked; he was abducted in Moscow in

23 This section is compiled based on information collected and reviewed by a team of researchers who monitors the development of the situation of Tajikistan’s political opposition. The team includes Dr. John Heathershaw, David Lewis and Edward Lemon of Exeter University, and Prof. Alexander Cooley of Barnard College, who is also director of the Harriman Institute at Columbia University. Information sources used by the team include, among others, TojNews, a Tajik opposition website confirmed to be reliable based on past experience and/or when corroborated by other sources. See for example TojNews, Опубликованы имена заключенных членов ОО Молодежь Таджикистана за возрождение, Jan. 27th, 2015, available from: http://tojnews.org/ru/news/opublikovany-imena-zaklyuchennyh-chlenov-oo-molodezh-tadzhikistana-za-vozrozhdenie

24 See Radio Free Europe/Radio Liberty’s Tajik service, Three Arrested As Tajik Opposition Tycoon Buried In Istanbul, Mar. 9th, 2015, available from: http://www.rferl.org/content/slain-tajik-opposition-tycoon-to-be-buried-in-istanbul/26889471.html and IWPR, Tajik Dissident's Murder Rattles Opposition - Warnings that opposition leaders are also at “grave risk” of attack, Mar. 16th, 2015, available from: https://iwpr.net/global-voices/tajik-dissidents-murder-rattles-opposition

25 Freedom House, Tajikistan Opposition Leader Kuvvatov Facing New Dangers, Jan. 21st, 2015, available from: https://freedomhouse.org/article/tajikistan-opposition-leader-kuvvatov-facing-new-dangers#.VbC-oflVhBd

Page 8: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

8

Jan. 2015 and re-appeared in detention in Tajikistan, where he was

charged with “extremism” and sentenced to 17 years in prison.26

- Shabnam Khudoydodova had been living in Moscow but learned of

plans to abduct her and fled to Belarus, where she was arrested on

request of Tajikistan in summer 2015.27 EU countries are asking Belarus

not to extradite Ms. Khudoydodova.28 The Tajik authorities have also

questioned her family members.

- Sobir Valiev, deputy leader of Group 24, sought refuge in Moldova

where he was arrested in Aug. 2015 upon request of Tajikistan. Moldovan

authorities have released him in Sept. 2015, but are still considering

extradition.29

- Sulaimon Davlatov, a long-time resident of St Petersburg, was

travelling through Finland to Lithuania when the Finnish authorities

seized him on 20 February 2015 on the basis of Interpol arrest warrant.

He was released on 23 March 2015, as Tajik authorities failed to provide

documents to support their extradition request.30

- Group 24 member Umedjon Solihov is currently in jail following his

arrest in Dec. 2014, when he returned to Tajikistan after threats had been

made against his family. He was sentenced to 17.5 years in prison in

March 2015 for insulting the president and a mix of “extremist activity”-

related charges.31

26 Ferghana News, Таджикский суд уточнил приговор оппозиционеру Максуду Ибрагимову: 17 лет заключения, July 23rd, 2015, available from: http://www.fergananews.com/news/23671; E. Lemon, Tajikistan Extradites Opposition Leader, Arrests Sympathizers, Feb. 4th, 2015, Eurasianet, available from: http://www.eurasianet.org/node/71916. Another source mentions 13 years instead: Eurasianet, Tajikistan Jails Another Critic for 13 Years, Jul. 16th, 2015, available from: http://www.eurasianet.org/node/74251

27 BelSat TV, Opposition activist from Tajikistan seeking political asylum in Belarus, Jul. 9th, 2015, available from: http://stara.belsat.eu/en/articles/opposition-activist-tajikistan-seeking-political-asylum-belarus/ 28 Radio Ozodi, Беларусь просят не выдавать Шабнам Таджикистану, Oct. 14th, 2015, available from: http://rus.ozodi.org/content/article/27109365.html

29 Radio Ozodi, Собир Валиев вышел на свободу, Sept. 9th, 2015, available from: http://rus.ozodi.org/content/sobir-valiev-free-from-detention-moldova-/27235386.html

30 Radio Ozodi, Задержанный член Группы-24 освобожден в Финляндии, Mar. 24th, 2015, available from: http://rus.ozodi.org/content/article/26916803.html ; see also for comments on the issue: E. Lemon, Tajikistan Exploiting Interpol to Pursue Critics Abroad, Mar. 5th, 2015, Eurasianet, available from: http://www.eurasianet.org/node/72396,

31 M. Abdulloeva, Член «Группы 24» Умеджон Салихов приговорен к 17,5 годам колонии, Mar. 4th, 2015, News.tj, available from: http://news.tj/ru/news/chlen-gruppy-24-umedzhon-salikhov-prigovoren-k-175-godam-kolonii

Page 9: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

9

- Two more group members, Sherzod Komilov and Nematullo

Kurbonov, share a similar situation, having also returned to Tajikistan

following threats to their families (Kurbonov returned in Oct. 2014, while

the date of Komilov’s return is unknown). Arrested by the Tajik

authorities, their status and whereabouts are currently unknown.32

- Four more members of Group 24 have been arrested in Russia upon

request of Tajikistan: Abdurahim Vosiyev was arrested in Nov. 2014;

one month later, Rosiya Abdurahmonova was in turn arrested in

Novosibirsk. Later, in Apr. 2015, Russian authorities detained Loic

Firuz. All three are known to be still detained in Russia at the moment.

Another member of the group, Karim Obidov, was also arrested in

Russia, but the date of his arrest and his current situation and

whereabouts are not known to human rights organizations.

Conclusions and recommendations

According to John Heathershaw, associate professor at Exeter University

and one of the leading foreign experts on Tajik politics, the country is led by a

“corrupt and barely competent regime”, “the rule of law is entirely absent”, and

Rahmon’s administration is in full slide towards tyranny.33 Multiple observers and

human rights organizations agree with such assessment, having repeatedly

accused the Tajik authority of using fabricated allegations to persecute political

opponents. Strong criticism has been made about Tajikistan’s habit of

instrumentally using Interpol and other countries’ judicial systems to target

opposition leaders living abroad, 34 particularly those from Group 24.

International observers warn that opposition members risk torture,

mistreatment, and unfair trial if extradited to Tajikistan. 35 Regardless of the

32 TojNews, Россия: таджикскому активисту Мехрубону Сатторову грозит экстрадиция, Aug. 2nd, 2015, available from: http://www.tajinfo.org/molodejzavozrojdenie/post/635741488298630962

33 J. Heathershaw, US looks away as tyranny steals a march in Central Asia, FT beyondbrics, Sept. 29th, 2015, available form http://blogs.ft.com/beyond-brics/2015/09/29/us-looks-away-as-tyranny-steals-a-march-in-central-asia/

34 Ibid.

35 See for example: Amnesty International, TAJIKISTAN: OPPOSITION PARTY LEADERS ARRESTED, RISK TORTURE, Sept. 17th, 2015, available from: https://www.amnesty.org/en/documents/eur60/2465/2015/en/, TAJIKISTAN: OPPOSITION MEMBER ILL-TREATED IN DETENTION, Nov. 28th, 2013, available from: https://www.amnesty.org/en/documents/eur60/009/2013/en/, Tajikistani dissenters at grave risk after an

Page 10: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

10

validity - or lack thereof - of the charges brought by the Tajik authorities against

political opposition members, the scenario of severe lack of independent

judiciary, absence of fair trial guarantees and human rights protection in prison,

disappearances, mistreatment, torture detailed by international experts leads to

the conclusion that an extradition to Tajikistan carries a very significant risk of

human rights abuse, and that protection is badly needed. Moreover, as a

significant number of arrests, persecutions and assaults against members of

Group 24 were carried out in the territory of, or by the authorities of the Russian

Federation, it is also clear that the latter country or any other country where

security services cooperate with the Tajik authorities in the abduction, unlawful

transfer, imprisonment or torture of individuals cannot be considered safe either.

opposition leader shot dead in Turkey, Mar. 6th, 2015, available from: https://www.amnesty.org/en/latest/news/2015/03/tajikistan-opposition-leader-shot-dead-in-turkey/, and TAJIKISTAN: OPPOSITION MEMBERS’ LAWYER AT RISK OF TORTURE: BUZURGMEKHR YOROV, Sept. 30th, 2015, available from: https://www.amnesty.org/en/documents/eur60/2567/2015/en/; also see E. Lemon, Tajikistan Exploiting Interpol to Pursue Critics Abroad, op. cit.; Human Rights Watch, Moldova: Activist Faces Extradition to Tajikistan - Forced Return Could Lead to Torture, Ill-Treatment, Aug. 17th, 2015, available from: https://www.hrw.org/news/2015/08/17/moldova-activist-faces-extradition-tajikistan, and Tajikistan: Free Independent Journalist - Bogus charges, unfair trial another blow to freedom of expression, Sept. 1st, 2015, available from: https://www.hrw.org/news/2015/09/01/tajikistan-free-independent-journalist; further information at: Asia-Plus, Tajikistan reportedly turns to Interpol over IRP leader, Sept. 18th, 2015, available from: http://www.asiaplus.tj/en/news/tajikistan-reportedly-turns-interpol-over-irp-leader.

Page 11: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

11

Bibliography

M. Abdulloeva, Член «Группы 24» Умеджон Салихов приговорен к 17,5 годам колонии, Mar. 4th, 2015, News.tj, available from: http://news.tj/ru/news/chlen-gruppy-24-umedzhon-salikhov-prigovoren-k-175-godam-kolonii

American Bar Association, Judicial Reform Index for Tajikistan, Washington/Dushanbe, 2008, available from: http://www.americanbar.org/content/dam/aba/directories/roli/tajikistan/tajikistan_jri_12_2008_en.authcheckdam.pdf

Amnesty International, TAJIKISTAN: OPPOSITION MEMBER ILL-TREATED IN DETENTION, Nov. 28th, 2013, available from: https://www.amnesty.org/en/documents/eur60/009/2013/en/

Amnesty International, TAJIKISTAN: OPPOSITION MEMBERS’ LAWYER AT RISK OF TORTURE: BUZURGMEKHR YOROV, Sept. 30th, 2015, available from: https://www.amnesty.org/en/documents/eur60/2567/2015/en/

Amnesty International, TAJIKISTAN: OPPOSITION PARTY LEADERS ARRESTED, RISK TORTURE, Sept. 17th, 2015, available from: https://www.amnesty.org/en/documents/eur60/2465/2015/en/

Amnesty International, Tajikistani dissenters at grave risk after an opposition leader shot dead in Turkey, Mar. 6th, 2015, available from: https://www.amnesty.org/en/latest/news/2015/03/tajikistan-opposition-leader-shot-dead-in-turkey/

Asia-Plus, Tajikistan reportedly turns to Interpol over IRP leader, Sept. 18th, 2015, available from: http://www.asiaplus.tj/en/news/tajikistan-reportedly-turns-interpol-over-irp-leader.

F. Belafatti, Elections in Tajikistan: an unexpected path to a predictable outcome, Centre for Geopolitical Studies, Nov. 8th, 2013, available from: http://www.geopolitika.lt/?artc=6338

F. Belafatti, Missed opportunities: elections in Tajikistan, regional stability and lack of alternatives in Central Asia, Centre for Geopolitical Studies, Nov. 18th, 2013, available from http://www.geopolitika.lt/?artc=6354

BelSat TV, Opposition activist from Tajikistan seeking political asylum in Belarus, Jul. 9th, 2015, available from: http://stara.belsat.eu/en/articles/opposition-activist-tajikistan-seeking-political-asylum-belarus/

K. Collins, Clan Politics and Regime Transition in Central Asia, Cambridge University Press, Cambridge, 2006

J. Driscoll, Warlords and Coalition Politics in Post-Soviet States, Cambridge University Press, New York, 2015

EBRD, Commercial Laws of Tajikistan – April 2012 – An Assessment by the EBRD, Office of the General Counsel

Page 12: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

12

Eurasianet, Tajikistan Jails Another Critic for 13 Years, Jul. 16th, 2015, available from: http://www.eurasianet.org/node/74251

Ferghana News, Таджикский суд уточнил приговор оппозиционеру Максуду Ибрагимову: 17 лет заключения, July 23rd, 2015, available from: http://www.fergananews.com/news/23671

Freedom House, Nations in Transit 2015 report, Kazakhstan, available from: https://freedomhouse.org/report/nations-transit/2015/kazakhstan

Freedom House, Nations in Transit 2015 report, Kyrgyzstan, available from: https://freedomhouse.org/report/nations-transit/2015/kyrgyzstan

Freedom House, Nations in Transit 2015 report, Tajikistan, available from: https://freedomhouse.org/report/nations-transit/2015/tajikistan

Freedom House, Nations in Transit 2015 report, Turkmenistan, available from: https://freedomhouse.org/report/nations-transit/2015/turkmenistan

Freedom House, Nations in Transit 2015 report, Uzbekistan, available from: https://freedomhouse.org/report/nations-transit/2015/uzbekistan

Freedom House, Tajikistan Opposition Leader Kuvvatov Facing New Dangers, Jan. 21st, 2015, available from: https://freedomhouse.org/article/tajikistan-opposition-leader-kuvvatov-facing-new-dangers#.VbC-oflVhBd

Freedom House, Mindaugas Jurkynas, Nations in Transit 2015 report, Lithuania, available from: https://freedomhouse.org/report/nations-transit/2015/lithuania

Freedom House, Sylvana Habdank-Kołaczkowska, Nations in Transit 2015: Democracy on the Defensive in Europe and Eurasia, 2015, available from: https://freedomhouse.org/sites/default/files/FH_NIT2015_06.06.15_FINAL.pdf

N. Hambaraeva, Tajik Protest Plan Squashed Before it Starts, Oct. 9th, 2014, IWPR, available from: https://iwpr.net/global-voices/tajik-protest-plan-squashed-it-starts

J. Heathershaw, US looks away as tyranny steals a march in Central Asia, FT beyondbrics, Sept. 29th, 2015, available from: http://blogs.ft.com/beyond-brics/2015/09/29/us-looks-away-as-tyranny-steals-a-march-in-central-asia/

J. Heathershaw and E. Herzig, ed., The Transformation of Tajikistan: the Sources of Statehood, Routledge, London/New York, 2013

Human Rights Watch, Moldova: Activist Faces Extradition to Tajikistan - Forced Return Could Lead to Torture, Ill-Treatment, Aug. 17th, 2015, available from: https://www.hrw.org/news/2015/08/17/moldova-activist-faces-extradition-tajikistan

Human Rights Watch, Tajikistan: Free Independent Journalist - Bogus charges, unfair trial another blow to freedom of expression, Sept. 1st, 2015, available from: https://www.hrw.org/news/2015/09/01/tajikistan-free-independent-journalist;

Human Rights Watch, Tajikistan: Human Rights Lawyer Detained, Oct. 7th, 2015, available from: https://www.hrw.org/news/2015/10/07/tajikistan-human-rights-lawyer-detained

Page 13: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

13

Human Rights Watch, World Report 2014: Tajikistan – events of 2013, available from: https://www.hrw.org/world-report/2014/country-chapters/tajikistan

International Crisis Group, Tajikistan: on the road to failure, Asia Report 162, Feb. 12, 2009, available from: http://www.crisisgroup.org/~/media/Files/asia/central-asia/tajikistan/162_tajikistan___on_the_road_to_failure.pdf

International Crisis Group, Tajikistan: the changing insurgent threats, Asia Report 205, May 24, 2011, available from: http://www.crisisgroup.org/~/media/Files/asia/central-asia/tajikistan/205%20Tajikistan%20-%20The%20Changing%20Insurgent%20Threats.pdf

IWPR, Tajik Dissident's Murder Rattles Opposition - Warnings that opposition leaders are also at “grave risk” of attack, Mar. 16th, 2015, available from: https://iwpr.net/global-voices/tajik-dissidents-murder-rattles-opposition

E. Lemon, Tajikistan Exploiting Interpol to Pursue Critics Abroad, Mar. 5th, 2015, Eurasianet, available from: http://www.eurasianet.org/node/72396

E. Lemon, Tajikistan Extradites Opposition Leader, Arrests Sympathizers, Feb. 4th, 2015, Eurasianet, available from: http://www.eurasianet.org/node/71916.

OSCE, Database of electoral observation missions to Tajikistan, available from: http://www.osce.org/odihr/elections/tajikistan

OSCE, Tajikistan urged to bring justice system into line with international norms, Apr. 23, 2002, available from: http://www.osce.org/tajikistan/54300

Radio Free Europe/Radio Liberty’s Tajik service, Three Arrested As Tajik Opposition Tycoon Buried In Istanbul, Mar. 9th, 2015, available from: http://www.rferl.org/content/slain-tajik-opposition-tycoon-to-be-buried-in-istanbul/26889471.html

Radio Ozodi, Беларусь просят не выдавать Шабнам Таджикистану, Oct. 14th, 2015, available from: http://rus.ozodi.org/content/article/27109365.html

Radio Ozodi, Собир Валиев вышел на свободу, Sept. 9th, 2015, available from: http://rus.ozodi.org/content/sobir-valiev-free-from-detention-moldova-/27235386.html

Radio Ozodi, Задержанный член Группы-24 освобожден в Финляндии, Mar. 24th, 2015, available from: http://rus.ozodi.org/content/article/26916803.html

TojNews, Опубликованы имена заключенных членов ОО Молодежь Таджикистана за возрождение, Jan. 27th, 2015, available from: http://tojnews.org/ru/news/opublikovany-imena-zaklyuchennyh-chlenov-oo-molodezh-tadzhikistana-za-vozrozhdenie

TojNews, Россия: таджикскому активисту Мехрубону Сатторову грозит экстрадиция, Aug. 2nd, 2015, available from: http://www.tajinfo.org/molodejzavozrojdenie/post/635741488298630962

Page 14: The judicial system of Tajikistan and the situation of … · The judicial system of Tajikistan and the situation of the opposition movement

VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS

14

Transparency International, U4 Expert Answer, Overview of corruption and anti-corruption in Tajikistan, available from: http://www.transparency.org/files/content/corruptionqas/356_Overview_of_Corruption_in_Tajikistan.pdf

United Nations, UN human rights office voices concern after Tajikistan bans Islamic political party, Oct. 2nd, 2015, available from: http://www.un.org/apps/news/story.asp?NewsID=52122#.VhZgOPl_NBc

United States Department of State, Tajikistan 2013 Human Rights Report, 2013, available from: http://www.state.gov/documents/organization/220618.pdf

United States Government’s Statement on Political Opposition in Tajikistan, available from: http://dushanbe.usembassy.gov/sp_10092015.html

M. Vinson, Fears of a Tajik Maidan — A Net Assessment of the Ukraine Crisis’ Impact on the Domestic Situation in Tajikistan Since the Start of 2014, Oct. 17th, 2014, The Jamestown Foundation, available from: http://www.jamestown.org/single/?tx_ttnews%5Btt_news%5D=42968&no_cache=1#.VhZtsvl_NBd