Date of publication:
01/08/2026
Tajikistan
Do domestic laws and policies prohibit the detention of children for immigration-related reasons?
Assessment by population
Analysis
According to Article No.61 of Procedural Code of Administrative Offences of Tajikistan, a minor may be subjected to administrative detention for violating immigration laws - for example, under Article No. 499 of the Code of Administrative Offences for violating the rules of stay in the country. The only additional requirement in the detention of a minor is the immediate notification of their parents or other legal representatives, as well as ensuring that minors are held separately from adults after administrative detention.
According to Article No. 427 of the Criminal Procedure Code of the Republic of Tajikistan, when choosing a preventive measure or detention for a minor suspect or accused, the possibility of applying the measure provided in Article No. 108 of the Criminal Procedure Code of the Republic of Tajikistan - namely, the transfer of the minor under supervision - must be considered in each case. This includes transferring the minor under the supervision of parents, other relatives, guardians, custodians, or other trusted individuals, as well as representatives of a specialized children’s institution, if the minor resides there. In such cases, the aforementioned individuals must provide a written commitment that the minor, while at liberty, will not flee from law enforcement or the court, will not obstruct the investigation or legal proceedings, and will not engage in unlawful activities.
Related provisions of domestic law or policy
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.61 - Administrative Detention
1) Administrative detention, meaning the temporary restriction of an individual's freedom, may be applied in exceptional cases if necessary to ensure the timely and proper consideration of a case, as well as the execution of a ruling on an administrative offense. 2) Administrative detention of a person who has committed an administrative offense is carried out by authorized officials of: - Internal affairs bodies; - Customs authorities; - Forestry and hunting authorities; - Paramilitary security forces; - State Automobile Inspectorate; - Military Automobile Inspectorate; - Border troops of the national security authorities of the Republic of Tajikistan; - Captains of small river vessels and commanders of aircraft; - National security authorities of the Republic of Tajikistan; - Drug control agencies under the President of the Republic of Tajikistan; - State financial control and anti-corruption bodies of the Republic of Tajikistan. 3) The relatives of the detained person, as well as their workplace (or educational institution) administration and their legal defender, must be immediately notified of their whereabouts. 4) If a minor is administratively detained, their parents or other legal representatives must be informed without delay. 5) The detained person must be informed of their rights and obligations as stipulated by this Code, with a corresponding entry made in the administrative detention protocol. 6) A prosecutor has the authority to issue a decision for the release of an unlawfully detained person, which must be executed immediately.
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.
Criminal Procedure Code of the Republic of Tajikistan
- Year: 2009
- Type: Domestic law
- Rights Category: Liberty & security of person, Family life
- Link to external source: https://track.unodc.org/uploads/documents/BRI-legal-resources/Tajikistan/20_-_-_.pdf
Legal provision
Article No. 427 - Application of Preventive Measures and Detention in Relation to a Minor Suspect or Accused
1) When applying a preventive measure to a minor, the possibility of choosing a measure provided for in Article 108 of this Code must be considered in each case. 2) Detention as a preventive measure, as well as arrest, may be applied to a minor only in exceptional cases when committing a serious or especially serious crime, and only if the grounds specified in Articles 92, 93, 101, and 111 of this Code are present. 3) The period of detention of a minor as a preventive measure during the preliminary investigation, in accordance with the procedure established by Article 112 of this Code, may be extended for up to six months. 4) The parents or other legal representatives of the minor must be informed of their arrest, detention, or any extension of the detention period.
Article No. 108 -Placement of a Minor Suspect, Accused, or Defendant Under Supervision
1) The placement of a minor under the supervision of parents, other relatives, guardians, trustees, or other trustworthy individuals, as well as representatives of a special children's institution, involves the acceptance of a written obligation by one of the mentioned individuals, ensuring that the minor suspect, accused, or defendant, while at liberty, will not evade the authorities or court, will not obstruct the investigation or court proceedings, and will not engage in criminal activity. 2) The placement of a minor under the supervision of the persons listed in part 1 of this article is possible only upon their written request. They must be informed of the nature of the crime and their responsibility in case of failure to fulfill their obligations regarding the supervision. 3) If the persons under whose supervision the minor suspect, accused, or defendant was placed fail to fulfill their obligations, they will be held accountable in accordance with the legislation of the Republic of Tajikistan.