Date of publication:

03/27/2025

Tajikistan

Do domestic laws and policies guarantee physical security?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Stateless persons
Analysis

The guarantees of physical safety for every individual, including asylum seekers and refugees, are protected and regulated by the general provisions of the Criminal Law of the Republic of Tajikistan. Specifically, Article No.116 of the Criminal Code of the Republic of Tajikistan prohibits the infliction of bodily harm, Article No.117 prohibits torment, Article No.143(1) criminalizes torture, and Article No.115 provides for criminal punishment for intentionally causing serious or moderate harm to health when exceeding the necessary measures to detain a person who has committed a crime. Thus, any violation of an individual’s physical safety, regardless of their status, entails criminal liability in accordance with the national legislation of Tajikistan.

    LAW & POLICY

    Related provisions of domestic law or policy

    Criminal Code of the Republic of Tajikistan

    Legal provision

    Article No.116 - Beating

    Inflicting bodily harm or committing other violent actions that caused physical pain but did not result in the consequences specified in Article 112 of this Code, is punishable by compulsory labor for up to one hundred and twenty hours or a fine of up to three hundred assessment indicators or corrective labor for up to two years.

    Article No.117 - Torment

    Infliction of physical or mental suffering through systematic beatings or other violent methods, if it did not result in the consequences specified in Articles 110 and 111 of this Code, is punishable by imprisonment for up to three years. The same act, committed: a) against two or more persons; b) against a person or their relatives in connection with the performance of their official or public duties; c) against a person who is known to be a minor or in a helpless state, or in material or other dependence on the perpetrator, as well as a person who has been kidnapped or taken as a hostage; d) against a woman who is known to be pregnant; e) by a group of persons, or by a group of persons acting in concert; f) for hire; g) on the grounds of national, racial, religious, or local hatred or enmity, or for revenge, is punishable by imprisonment for a term of three to seven years.

    Article No.143(1) -Torture

    1) The intentional infliction of physical and/or mental suffering, committed by a person conducting an inquiry or preliminary investigation, or by another official, or instigated, tacitly approved, or knowingly permitted by them, for the purpose of obtaining information or a confession from the tortured person or a third party, or to punish them for an act they or a third party committed or are suspected of committing, as well as to intimidate, coerce, or for any other reason based on discrimination of any kind, is punishable by imprisonment for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activities for up to five years. 2) The same act, if committed: a) repeatedly; b) by a group of persons by prior conspiracy; c) against a woman known by the perpetrator to be pregnant, a minor, or a disabled person; d) causing moderate harm to health, is punishable by imprisonment for a term of eight to twelve years with deprivation of the right to hold certain positions or engage in certain activities for five to ten years. 3) The acts provided for in parts one and two of this article, if they: a) resulted in serious harm to health; b) caused the death of the victim by negligence or other grave consequences, are punishable by imprisonment for a term of twelve to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for ten to fifteen years.

    Article No.115 - Intentional Infliction of Serious or Moderate Harm to Health When Exceeding Necessary Measures for the Detention of a Person Who Committed a Crime

    1) The intentional infliction of moderate harm to the health of a person who committed a crime, when exceeding the necessary measures for their detention, is punishable by compulsory labor for up to one hundred and forty hours or a fine of up to two hundred calculation indicators, or corrective labor for up to two years. 2) The intentional infliction of serious harm to the health of a person who committed a crime, when exceeding the necessary measures for their detention, is punishable by restriction of liberty for up to two years or imprisonment for the same term.