Date of publication:
03/16/2025
Tajikistan
Do domestic laws and policies specify the grounds for immigration and displacement-related detention?
Assessment by population
Analysis
The grounds for the detention of refugees and asylum seekers may include violations of the rules of stay in the Republic of Tajikistan, in accordance with Part No.3 of Article No.499 of the Administrative Offenses Code of the Republic of Tajikistan. Furthermore, according to Article No.59 of the Procedural Code of the Republic of Tajikistan on Administrative Offenses, administrative detention may be carried out by authorized state bodies (officials) in order to prevent an administrative offense, establish the identity of the person who committed the offense and their involvement in it, as well as to draw up an administrative offense report (if it is not possible to do so on the spot) or to ensure the timely and proper consideration of the case and the enforcement of the decision made.
The detention of asylum seekers and refugees may also be carried out under Article No. 335 of the Criminal Code of the Republic of Tajikistan for the illegal crossing of the state border, except in cases where the border is crossed to exercise the right to political asylum in accordance with the Constitution of the Republic of Tajikistan.
Related provisions of domestic law or policy
Code of Administrative Offenses of the Republic of Tajikistan
- Year: 2008
- Type: Domestic law
- Rights Category: Freedom of movement, Liberty & security of person
- Link to external source: https://ncz.tj/content/%D0%BA%D0%BE%D0%B4%D0%B5%D0%BA%D1%81-%D1%80%D0%B5%D1%81%D0%BF%D1%83%D0%B1%D0%BB%D0%B8%D0%BA%D0%B8-%D1%82%D0%B0%D0%B4%D0%B6%D0%B8%D0%BA%D0%B8%D1%81%D1%82%D0%B0%D0%BD-%D0%BE%D0%B1-%D0%B0%D0%B4%D0%BC%D0%B8%D0%BD%D0%B8%D1%81%D1%82%D1%80%D0%B0%D1%82%D0%B8%D0%B2%D0%BD%D1%8B%D1%85-%D0%BF%D1%80%D0%B0%D0%B2%D0%BE%D0%BD%D0%B0%D1%80%D1%83%D1%88%D0%B5%D0%BD%D0%B8%D1%8F%D1%85
Legal provision
Article No. 499 - Violation by Foreign Citizens and Stateless Persons of the Rules of Stay in the Republic of Tajikistan and Transit Passage Through Its Territory
1) Violation by foreign citizens or stateless persons of the rules of stay in the Republic of Tajikistan, including residing without valid residence documents, residing with invalid documents, failure to comply with registration or residence permit requirements, violation of movement and residence selection regulations, failure to leave the country after the authorized period of stay expires, as well as non-compliance with the rules and deadlines for transit passage through the territory of the Republic of Tajikistan, shall result in a warning or a fine ranging from ten to fifteen calculation indicators. 2) The same actions specified in part one of this article, if committed repeatedly within one year after the application of administrative penalties, shall result in a fine ranging from fifteen to thirty calculation indicators, with or without expulsion from the Republic of Tajikistan. 3) Violation of residence rules in the Republic of Tajikistan by refugees and asylum seekers shall result in a fine ranging from ten to twenty calculation indicators.
Article No.499 -Violation of the rules of stay as well as transit passage
Violation of the Rules of Stay in the Republic of Tajikistan by Foreign Citizens and Stateless Persons, as well as Transit Passage Through Its Territory Violation of the rules of stay in the Republic of Tajikistan by foreign citizens or stateless persons, including residing without proper documentation, residing with invalid documents, failing to comply with the established registration or residence permit procedures, violating the rules of movement and choice of residence, evading departure after the expiration of the permitted stay, as well as failing to comply with the rules and timeframes for transit passage through the territory of the Republic of Tajikistan, shall result in a warning or a fine ranging from ten to fifteen calculation indicators . The same actions specified in part one of this article, if committed repeatedly within one year after the imposition of an administrative penalty, shall result in a fine ranging from fifteen to thirty calculation indicators, with or without expulsion from the Republic of Tajikistan. Violation of residence rules in the Republic of Tajikistan by refugees and asylum seekers shall result in a fine ranging from ten to twenty calculation indicators.
Procedural Code on Administrative Offenses of the Republic of Tajikistan
- Year: 2013
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: http://portali-huquqi.tj/publicadliya/view_qonunhoview.php?showdetail=&asosi_id=15252
Legal provision
Article No.59 - List of Measures to Ensure Administrative Offense Proceedings
1) In order to prevent an administrative offense, establish the identity of the person who committed the offense, determine their involvement in the offense, draw up the protocol for the administrative offense (if this cannot be done at the place where the offense was committed or if it is necessary for the timely and proper consideration of the case and the enforcement of the decision made), authorized state bodies (officials) have the right, within their powers, to apply the following measures to individuals in relation to administrative offense proceedings: - Delivery of the person who committed the administrative offense to the place for drawing up the protocol for the administrative offense; - Administrative detention; - Compulsory bringing; - Personal search and search of vehicles, small boats, documents, premises, and property; - Seizure of property and documents; - Removal from management of a vehicle or small boat; - Medical examination and intoxication testing; - Seizure of a vehicle or small boat, prohibition of their use; - Arrest of goods, vehicles, and other property; - Temporary suspension of activities. 2) The following measures may be applied to legal entities in administrative offense proceedings: - Inspection of premises, territories, and property, vehicles, and relevant documents belonging to the legal entity; - Seizure of documents and property belonging to the legal entity; - Seizure of vehicles or small boats, prohibition of their use; - Arrest of goods, vehicles, and other property; - Temporary suspension of activities. 3) Damage caused to individuals and legal entities as a result of unlawful application of measures to ensure administrative offense proceedings must be compensated in accordance with the civil legislation of the Republic of Tajikistan.
Criminal Code of the Republic of Tajikistan
- Year: 1998
- Type: Domestic law
- Rights Category: Asylum, Liberty & security of person
- Link to external source: https://www.refworld.org/node/147473
Legal provision
Article No.335 - Irregular crossing
Note: The provision of this article does not apply to cases where foreign citizens and stateless persons enter the Republic of Tajikistan in violation of border crossing rules for the purpose of exercising the right to political asylum in accordance with Constitution of the Republic of Tajikistan.