Date of publication:

01/08/2026

Tajikistan

Do domestic laws and policies provide for humane and dignified conditions of detention for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Article No. 11 of the Criminal Procedure Code of the Republic of Tajikistan outlines important provisions regarding the arrest and detention of individuals. Arrest and involuntary detention in medical or educational institutions may only be applied by a court or judge's decision. Detained individuals, as well as those subject to arrest as a preventive measure, must be held in conditions that are safe for their life and health. These individuals have the right to appeal the arrest decision. The court, judge, prosecutor, investigator, and inquiry officer are obligated to immediately release any person who has been unlawfully detained, deprived of liberty, or held beyond the established period. A court decision regarding release from custody must be executed without delay.

According to Article No. 22 of the Criminal Procedure Code of the Republic of Tajikistan, detained individuals are entitled to several procedural guarantees. From the moment of actual detention, they may avail themselves of legal counsel. Suspects, defendants, accused persons, and convicts have the right to defense, either personally or through the participation of a defender or legal representative. The court, judge, prosecutor, investigator, and inquiry officer must inform these individuals of their rights and ensure the protection of their personal and property rights. The right to defense also extends to those subject to compulsory medical measures. If necessary, the authorities conducting the criminal proceedings are obligated to ensure the participation of a defender at all stages of the process.

Article No.23 of the Criminal Procedure Code of the Republic of Tajikistan also guarantees detained individuals the right to challenge procedural actions and decisions made by responsible authorities, including court rulings, judges, prosecutors, investigators, and inquiry officers.

    LAW & POLICY

    Related provisions of domestic law or policy

    Criminal Procedure Code of the Republic of Tajikistan

    Legal provision

    Article No. 11

    1) No one may be detained or taken into custody without legal grounds. 2) Arrest, forced detention in a medical or educational institution is permitted only by a court decision or a judge's ruling. 3) A person subjected to preventive detention or arrested as a suspect in a crime must be held in conditions that ensure their safety and health. 4) A person who has been arrested has the right to appeal. 5) The court, judge, prosecutor, investigator, and inquiry officer are obligated, within their authority, to immediately release any person who has been unlawfully detained, deprived of liberty, or unlawfully held in medical or psychiatric institutions, under arrest, or under house arrest beyond the period established by this Code. 6) A court ruling or judge's decision to release a person from custody is subject to immediate execution.

    Article No. 22 - Ensuring the Right to Defense for Suspects, Accused Persons, Defendants, and Convicts

    1) From the moment of actual detention, every individual has the right to use the services of a defense attorney. 2) A detained person, suspect, accused, defendant, and convict may exercise their rights in the manner established by this Code to defend themselves against charges personally, as well as through a defense attorney or their legal representative. 3) The court, judge, prosecutor, investigator, and inquiry officer are obligated to explain to the suspect, accused, defendant, and convict their rights, ensure their ability to defend themselves by legal means and methods, and safeguard their personal and property rights. 4) The right to defense is also guaranteed to a person subject to criminal proceedings regarding the application of compulsory medical measures. 5) In cases provided by law, officials responsible for criminal proceedings must ensure the participation of a defense attorney for the suspect, accused, defendant, and convict.

    Article No.23 - Right to Appeal Procedural Actions and Decisions

    1) Participants in the proceedings, citizens, and representatives of enterprises, institutions, and organizations with an interest in the criminal case have the right, in the manner and within the time limits established by this Code, to appeal the actions (or inaction) of responsible officials or the decision of the court, judge, prosecutor, head of the investigative department, investigator, head of the inquiry department, or inquiry officer. 2) A convicted or acquitted person has the right to request a review of the verdict by a higher court in accordance with the procedure established by this Code.