Date of publication:
03/16/2025
Tajikistan
Do domestic laws and policies include provisions of human and dignified conditions of detention for forcibly displaced and stateless persons?
Assessment by population
Analysis
According to Article No.10 of the Penal Enforcement Code of the Republic of Tajikistan, the principle of humanitarianism applies when executing a sentence. Convicts are strictly prohibited from being subjected to torture, cruel, inhuman, or degrading treatment, as well as medical or any other scientific experiments, even with their consent, if such experiments could endanger the convict's life or health. Article No.16 of the same code states that detainees have the right to courteous treatment by the staff of the institution or body executing the sentence and must not be subjected to cruel or degrading treatment.
Related provisions of domestic law or policy
Penal Enforcement Code of the Republic of Tajikistan
- Year: 2001
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: http://portali-huquqi.tj/publicadliya/view_qonunhoview.php?showdetail=&asosi_id=1205
Legal provision
Article No.10 - Principle of Humanism
1) In the process of serving a sentence, the minimum necessary restrictions that are sufficient to achieve the goals of punishment shall be applied to the convicted person. 2) It is strictly prohibited to subject the convicted person to torture or to cruel, inhuman, or degrading treatment, as well as to medical or any other scientific experiments, even with their consent, if such actions could endanger their life and health.
Article No.16 - Basic Rights of Convicts
1) Convicts have the right to receive written information about their rights and obligations, the procedures, and the conditions of serving the type of punishment imposed by the court. The institution or authority responsible for executing the sentence must provide the convict with such information and inform them about any changes in the rules and conditions of serving the sentence. 2) Convicts have the right to be treated with courtesy by the staff of the institution or authority responsible for executing the sentence. They must not be subjected to cruel or degrading treatment. Measures of coercion may only be applied to convicts based on the law. 3) Convicts have the right to submit suggestions, requests, and complaints to the administration of the institution or authority responsible for executing the sentence, to their higher authorities, courts, prosecutor's office, the Ombudsman for Human Rights in the Republic of Tajikistan, the Ombudsman for Children's Rights in the Republic of Tajikistan, other government bodies and local self-government bodies, public associations, as well as intergovernmental bodies and international organizations for the protection of human rights and freedoms. 4) Convicts have the right to give explanations and correspond, as well as to submit the suggestions, requests, and complaints mentioned in part 3 of this article in their native language or any other language they speak, and to use the services of an interpreter when necessary. Responses to convicts are given in the language of the request, and if it is not possible to respond in that language, the reply is given in the official language of the Republic of Tajikistan. The institution or authority executing the sentence ensures the translation of the reply into the language of the request. 5) Convicts have the right to health protection, including receiving primary medical and specialized medical care in outpatient or inpatient conditions based on medical advice, and also have the right to material and household support. 6) Convicts have the right to social security, including the right to receive pensions and social benefits on the same terms as other citizens in accordance with the legislation of the Republic of Tajikistan. 7) To receive qualified legal assistance, convicts may use the services of attorneys. 8) Convicts have the right to visitation with family members, relatives, and to receive food and other essential items. 9) Convicts have the right to compensation for any damage caused to them during the execution of their sentence, in accordance with the procedure established by law. 10)The procedure for the implementation of the rights of convicts is determined by this Code, as well as other regulatory legal acts. 11) The implementation of the rights of convicts must not violate the internal rules or infringe on the rights and legal interests of others.