Article No.167 - Child Trafficking

1) Any act or transaction by which a child is unlawfully transferred by parents, another legal representative, or any other person (group of persons) under whose permanent or temporary care the child is placed, to another person (group of persons) for monetary compensation or other remuneration with the purpose of exploitation, obtaining material or other benefits, or for illegal adoption, regardless of the methods used shall be punishable by imprisonment for a term of five to eight years with confiscation of property. 2) The act described in the first part of this article, if committed: a) repeatedly; b) by a group of persons in prior conspiracy; c) against two or more minors; d) with the use of violence dangerous to life and health or with the threat of such violence; e) for the purpose of removing the victim’s organs or tissues for transplantation, or for their illegal use in reproductive purposes or biomedical research; f) by an official or representative of authority using their official position, or by another person performing managerial functions in a commercial or other organization; g) with the transportation of the victim across the state border of the Republic of Tajikistan shall be punishable by imprisonment for a term of eight to twelve years. An act described in parts one or two of this article, if it: a) resulted in the death of the minor victim of trafficking or other grave consequences; b) was committed by an organized group; c) was committed under conditions of a particularly dangerous recidivism shall be punishable by imprisonment for a term of twelve to fifteen years. Note: A person who has committed acts described in part one or two of this article, who voluntarily reports the offense to the relevant authorities and releases the child trafficking victim, shall be exempt from criminal liability if their actions do not contain elements of another crime.

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. 131 - Unlawful Deprivation of Liberty

1) Unlawful deprivation of liberty that is not related to kidnapping or hostage-taking is punishable by restriction of liberty for up to three years or imprisonment for up to two years. 2) The same act, if committed: a) by a group of persons by prior agreement; b) repeatedly or by a person who has previously committed a crime under Articles 130, 131(1), or 181 of this Code; c) in a manner dangerous to life and health; d) with the use of a weapon or objects used as weapons; e) against a knowingly minor person; f) against a woman who is knowingly pregnant to the perpetrator; g) against two or more persons; is punishable by imprisonment for three to seven years. 3) Acts provided for in parts one or two of this article, if they: a) are committed by an organized group; b) are committed for the purpose of sexual or other exploitation of the unlawfully deprived person; c) negligently caused the death of the victim or other grave consequences, are punishable by imprisonment for a term of five to ten years.

Article No.138 - Rape

1) Rape, meaning sexual intercourse committed with the use of violence or the threat of violence against a woman or her relatives, or by exploiting a woman's helpless state, is punishable by imprisonment for a term of three to seven years. 2) Rape committed: a) repeatedly or by a person who has previously committed a crime under Article 139 of this Code; b) by a group of persons or a group by prior agreement; c) with particular cruelty toward the victim or other persons; d) resulting in the victim’s infection with the human immunodeficiency virus (HIV); e) resulting in the victim’s infection with a venereal disease; f) against a knowingly minor victim; g) against two or more persons, is punishable by imprisonment for a term of seven to twelve years with a lifetime ban on holding certain positions and/or engaging in certain activities. 3) Rape committed: a) against a victim who is knowingly under the age of fourteen or a close relative; b) in cases of particularly dangerous recidivism; c) by an organized group; d) using the conditions of a general disaster or during mass riots, or resulting in grave consequences; e) with the use of or threat to use weapons or objects used as weapons, is punishable by imprisonment for a term of twelve to twenty-five years with a lifetime ban on holding certain positions and/or engaging in certain activities, or by the death penalty, or life imprisonment.

Article No.139 -Violent Acts of a Sexual Nature

1) Sodomy, lesbianism, or other sexual acts committed with the use of violence or the threat of violence against the victim or their relatives, or by exploiting the victim’s helpless state, is punishable by imprisonment for a term of five to seven years. 2) The same acts, if committed: a) repeatedly or by a person who has previously committed rape; b) by a group of persons or a group by prior agreement; c) with particular cruelty toward the victim or their relatives; d) resulting in the victim’s infection with a venereal disease; e) against a knowingly minor victim, are punishable by imprisonment for a term of seven to twelve years with a lifetime ban on holding certain positions and/or engaging in certain activities.

Article No.165 - Involvement of a Minor in the Commission of a Crime

1) The involvement of a minor in the commission of a crime through promises, deception, threats, or other means, committed by a person who has reached the age of eighteen, is punishable by imprisonment for up to two years. 2) The same acts committed by a parent, teacher, or another person legally responsible for the upbringing of the minor, are punishable by imprisonment for up to three years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years. 3) Acts provided for in parts one or two of this article, if committed with the use of violence or the threat of violence, are punishable by imprisonment for a term of two to five years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to five years. 4) Acts provided for in parts one, two, or three of this article, if they involve the recruitment of a minor: a) into an organized group or criminal association (criminal organization); b) into the commission of a serious or especially serious crime, are punishable by imprisonment for a term of five to ten years, with or without the deprivation of the right to hold certain positions or engage in certain activities for a term of three to five years. Note: In this chapter, the term "minor" refers to both young children and underage individuals.

Article No.166-Involvement of a Minor in Antisocial Activities

1) The involvement of a minor in the habitual consumption of alcoholic beverages, the systematic non-medical use of potent or other intoxicating substances, prostitution, vagrancy, or begging, committed by a person who has reached the age of eighteen, is punishable by corrective labor for up to one year or imprisonment for up to two years. 2) The same act, if committed by a parent, teacher, or another person legally or factually responsible for the upbringing of the minor, is punishable by imprisonment for up to three years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years. 3) Acts provided for in parts one or two of this article, if they: a) are committed against two or more minors; b) involve the use of violence or the threat of violence; c) are committed repeatedly, are punishable by imprisonment for up to five years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of two to five years.

Article 241(1) - Production and Distribution of Pornographic Materials or Items Depicting Minors

1) The production, acquisition, storage, and/or transportation across the State Border of the Republic of Tajikistan for the purpose of distribution, public display, or advertising, as well as the distribution, public display, or advertising of pornographic materials or items depicting minors, is punishable by imprisonment for a term of two to five years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to five years. 2) These acts, if committed: a) by a parent or another person legally responsible for the upbringing of a minor, as well as by a teacher or other employee of an educational, childcare, or medical institution; b) involving a person knowingly under the age of fourteen; c) by a group of persons by prior agreement or an organized group; d) for the purpose of obtaining a large income; e) using mass media, including information and telecommunication networks (such as the Internet), are punishable by imprisonment for a term of five to ten years, with the deprivation of the right to hold certain positions or engage in certain activities for up to five years.

Article No.32 - Legal status of children victims of human trafficking

1) Children who are victims of human trafficking are ensured the rights and freedoms guaranteed by the legislation of the Republic of Tajikistan and international legal acts recognized by Tajikistan that regulate children's rights and guarantees for their realization. 2)The state ensures the protection and assistance for a child victim of human trafficking from the moment the crime is committed against them, including after their identification as a victim of human trafficking, until their full social adaptation and rehabilitation. This assistance is provided regardless of the child’s willingness to cooperate with government authorities in identifying and investigating the crime and prosecuting human traffickers. 3) Once a child is granted the legal status of a victim of human trafficking, they are immediately referred to the authorities and institutions authorized by the legislation of the Republic of Tajikistan to provide protection and assistance to children affected by human trafficking. If the victim’s age is unknown, but there are objective reasons to believe that they are under eighteen years old, they are entitled to the special legal guarantees provided by this law and other regulatory legal acts of the Republic of Tajikistan for assisting child victims of human trafficking until their actual age is determined. 4) The status of a victim of human trafficking is granted to a child based on an application submitted by the child, their legal representative, a representative of guardianship or custody authorities, or a representative of the relevant specialized institution. This applies regardless of the child's consent. For children aged fifteen and older, the status is granted based on their own application or an application from the aforementioned representatives, with the child’s voluntary and informed consent. 5) Measures for the social adaptation and rehabilitation of child victims of human trafficking are carried out regardless of their consent. However, for children aged fifteen and older, these measures require their consent and/or the consent of their legal representatives or guardianship authorities. 6) If a child victim of human trafficking has no parents or other legal representatives, the guardianship and custody authorities must immediately appoint a guardian in accordance with the legislation of the Republic of Tajikistan. This guardian will make all decisions in the child's best interests, act on their behalf, and participate in all criminal and judicial proceedings until a final decision is made in the child’s best interests. 7) A child victim of human trafficking has the right to reside in a specialized state or non-state institution, or another specialized social service institution that provides services to children in socially dangerous situations or other difficult life circumstances. This right applies for up to six months or throughout the judicial proceedings in which they are involved as a victim, and, if necessary, after the proceedings until the child is fully socially adapted and rehabilitated. Children placed in such specialized institutions are accommodated in conditions created specifically for them, taking into account their social and age-related needs, and they are housed separately from adult victims of human trafficking. 8) Children in the specialized institutions mentioned in Part 7 of this article have additional rights to receive the following free services: - Notification of their parents (or other legal representatives) about their placement in a specialized institution; - Maintaining contact with their family through postal correspondence, telephone conversations, and visits, provided it does not compromise their safety; - Assistance in locating their parents or other legal representatives; - Provision of food, clothing, footwear, and other essential items necessary for their health and well-being; - Access to general and basic vocational education; - A range of additional services that ensure the child’s physical and mental development, taking into account their physiological and psychological characteristics. 9) The additional rights specified in Part 8 of this article also apply to persons of unknown age until they are identified as adults, provided there are sufficient grounds to believe that they are under eighteen years old. 10) Specialized state and non-state institutions, as defined in Article 29 of this law, develop and implement special programs for the identification, social adaptation, and rehabilitation of child victims of human trafficking housed in these institutions. They ensure the children’s safety and strictly maintain the confidentiality of information regarding the child’s identity and victim status. 11) Children who are victims of human trafficking, including those in specialized state and non-state institutions, are guaranteed the right to education in state general and basic vocational education institutions or specialized educational institutions, in accordance with the legislation of the Republic of Tajikistan on education. 12) In cases where child victims of human trafficking are left without parental care or do not know the whereabouts of their parents, state authorities responsible for assisting trafficking victims must immediately begin searching for the child’s family and take measures to establish guardianship or custody in accordance with the legislation of the Republic of Tajikistan.

Article No.33 - Procedure for Informing About Child Victims of Human Trafficking

1) To ensure the protection of children's rights, the Interdepartmental Commission or territorial commissions, executive bodies of state power, local self-government bodies of towns and villages, state and non-state specialized institutions, and other organizations possessing information about the whereabouts of a child victim of human trafficking must immediately inform the child's parents (legal representatives), guardianship and trusteeship authorities, and law enforcement agencies. 2) If the bodies, organizations, and institutions specified in part 1 of this article have information about the residence or whereabouts of the parents or other legal representatives of a child victim of human trafficking, information about the child's location must be sent to them and to the guardianship and trusteeship authority at the child's last known residence within 12 hours of their discovery. If there is no information about the parents or other legal representatives of the child, the corresponding notification must be sent to the guardianship and trusteeship authority at the child's last known residence. 3) Authorities and organizations responsible for preventing juvenile delinquency and neglect must, within their competence: - Ensure the protection of the rights and legal interests of child victims of human trafficking; - Protect them from all forms of discrimination, physical or psychological violence, abuse, mistreatment, sexual and other exploitation; - Identify children who are potential victims of human trafficking; - Immediately report any violations of Tajikistan's laws in this field that come to their attention in the course of their professional or official duties to the following: - Prosecutor’s Office: Violations of the rights and freedoms of child victims of human trafficking; - Commission on Children's Rights: Cases of violations of child victims' rights to education, work, rest, housing, and other rights; - Guardianship and Trusteeship Authorities: Identification of children who are potential victims of human trafficking, including those left without parental or legal guardian care or those in conditions that contribute to their involvement in trafficking; - Internal Affairs Bodies: Identification of parents or legal representatives who commit unlawful acts related to child trafficking; - Healthcare and Social Protection Authorities: Identification of potential child victims of human trafficking in need of medical examination, observation, or treatment due to crimes or offenses committed against them, as well as those requiring state assistance due to homelessness or neglect, and families in socially dangerous situations; - Education and Science Authorities: Identification of potential child victims of human trafficking who need state assistance due to running away from orphanages, boarding schools, or other childcare institutions, or due to unexcused absenteeism from school; - Youth and Sports Authorities: Identification of potential child victims of human trafficking in socially dangerous situations who require assistance in organizing recreation, leisure, or employment; - Tourism Development Authorities: Identification of potential child victims of human trafficking who, due to activities in tourism agencies, modeling agencies, or other sectors, find themselves in socially dangerous situations. 4) Failure to report relevant information about child victims of human trafficking to the authorities specified in parts 1-3 of this article serves as grounds for holding individuals and legal entities accountable. 5) The information specified in parts 1-3 of this article must be stored and used in a manner that ensures its confidentiality. Unauthorized disclosure of such information is grounds for holding the responsible persons accountable as prescribed by the legislation of the Republic of Tajikistan.

Article No.11 - The Right of the Child to Life, Freedom, Integrity, Honor, Dignity, and Privacy

1) Every child has the right to life and the conditions necessary for full physical, mental, spiritual, and moral development. A child has the right to freedom, personal integrity, honor, dignity, and privacy. 2) All children have equal rights, regardless of social origin, nationality, religion, social and financial status, race, gender, language, education, beliefs, place of residence, health condition, or any other circumstances related to the child, parents, or other legal representatives. 3) The state takes measures to ensure favorable conditions for children by implementing a set of social and economic policies.

Article No.24 - Protection of the Rights of Refugee Children

1) The state, through the relevant government authorities, takes necessary measures to ensure the protection of the rights of refugee children on the territory of the Republic of Tajikistan. 2) The relevant government authorities facilitate the search for the parents or other legal representatives of refugee children who have been separated from their families and arrange for their placement in appropriate childcare institutions or foster families (guardians).