Article 19 - Judicial protection

Everyone is guaranteed judicial protection. Every individual has the right to demand that their case be considered by a competent, independent, and impartial court established in accordance with the law. No one may be subjected to detention or arrest without legal grounds. From the moment of detention, a person has the right to legal counsel.

Article 21 - Protection of the victim

The law protects the rights of the victim. The state guarantees the victim judicial protection and compensation for the damage inflicted.

Article 12 - Rights and Duties of an Individual Recognized as a Refugee

1. An individual recognized as a refugee and their accompanying family members have the right to: Receive information about their rights and duties, as well as other information in accordance with this Law; Reside in the Republic of Tajikistan for the duration of their refugee status, in the locations determined by the Government of the Republic of Tajikistan; Exclusion; Settle independently with a citizen of the Republic of Tajikistan or a foreign citizen or stateless person permanently residing in the Republic of Tajikistan, in accordance with the laws of the Republic of Tajikistan; Exclusion; Participate in integration programs developed by the State Migration Authority; Receive medical care, employment, or engage in business activities, in accordance with the regulatory legal acts of the Republic of Tajikistan, unless otherwise specified; Receive primary and secondary education; Receive assistance from the State Migration Authority in obtaining information about relatives residing in the country of the refugee's citizenship or previous place of residence; Apply to the internal affairs authorities at their place of residence for assistance in obtaining travel documents for themselves and their family members, in coordination with the national security authorities of the Republic of Tajikistan; Obtain a residence permit and other relevant documents at the internal affairs authorities at their place of residence in the prescribed manner; Submit an application for permanent residence in the Republic of Tajikistan based on grounds unrelated to their refugee status or for acquiring citizenship of the Republic of Tajikistan in accordance with the legislation of the Republic of Tajikistan; Voluntarily return to their country of citizenship (previous place of residence); Leave for another country for residence; Receive financial and other assistance as determined by the Government of the Republic of Tajikistan; Enjoy other rights provided by the legislation of the Republic of Tajikistan for foreign citizens and stateless persons permanently residing in the Republic of Tajikistan. 2. An individual recognized as a refugee and their accompanying family members are obliged to: Comply with the requirements of the Constitution of the Republic of Tajikistan, this Law, and other regulatory legal acts of the Republic of Tajikistan; Register with the internal affairs authorities at their place of residence no later than three working days after receiving their refugee certificate, if settling independently; After receiving a temporary settlement directive from the State Migration Authority, leave for the designated settlement location within three working days, and register at the local internal affairs authority within three working days of arrival; Provide the State Migration Authority with information about changes in their surname, first name, family composition, marital status, acquisition of Tajik citizenship or citizenship of another state, or obtaining permanent residence status in the Republic of Tajikistan no later than one working week after the change; Notify the State Migration Authority of any intent to change their place of residence within the Republic of Tajikistan or leave the country; Upon changing their residence, deregister from the internal affairs authority and register at the new place of residence within three working days; Undergo annual re-registration within the time frames established by the State Migration Authority; Fulfill other duties provided by the legislation of the Republic of Tajikistan for foreign citizens and stateless persons permanently residing in the Republic of Tajikistan.

Article 387 - Procedural Rights and Obligations of Foreign Persons

Foreign citizens and stateless persons, foreign organizations, and international organizations (hereinafter referred to as "foreign persons") may apply to the courts of the Republic of Tajikistan to protect their violated or disputed rights, freedoms, and legitimate interests. Foreign persons enjoy procedural rights and fulfill procedural obligations on an equal basis with citizens and organizations of the Republic of Tajikistan. Cases involving foreign persons are considered in accordance with this Code, other regulatory legal acts, international legal instruments recognized by the Republic of Tajikistan, as well as based on agreements between the parties. The Government of the Republic of Tajikistan may establish reciprocal restrictions on foreign persons from states that impose similar restrictions on the procedural rights of citizens and organizations of the Republic of Tajikistan.

Article 32 - Provision of Free Legal Assistance

Members of the Bar Association of the Republic of Tajikistan provide free legal assistance to: Plaintiffs in courts of first instance in cases concerning the recovery of alimony and reinstatement at work; Persons with disabilities, individuals who lost their breadwinner during political and military conflicts in Tajikistan, and refugees; Citizens filing complaints regarding errors in voter lists; Deputies of representative bodies of state power when consulting on legislative matters related to their parliamentary duties; Minors without a guardian or custodian; Conscripts for military service and active-duty servicemen; Other cases as provided by the legislation of the Republic of Tajikistan. The list of documents required to obtain free legal assistance is determined by the legislation of the Republic of Tajikistan.

Article No.140 - Grounds and Reasons for Initiating a Criminal Case

1) The grounds for initiating a criminal case are sufficient data indicating the presence of elements of a crime as provided for in the Special Part of the Criminal Code of the Republic of Tajikistan. 2) The reasons for initiating a criminal case include: - A statement about a crime; - Voluntary confession; - A report from an official of an enterprise, institution, or organization; - Reports in mass media, including on the Internet; - The direct discovery by an investigator, inquiry officer, or prosecutor of information indicating signs of a crime.

Article No.141 - Crime Report

1) A crime report may be either oral or written. 2) A written report must be signed by the complainant. 3) An oral report is recorded in a protocol, which must be signed by both the complainant and the official of the inquiry body, investigator, or prosecutor who received the report. 4) The protocol must contain information about the complainant, their place of residence and employment, as well as details of their personal identification documents. 5) The complainant is warned about criminal liability for knowingly making a false report, and a corresponding note is made in the protocol, which is certified by the complainant’s signature. 6) An unsigned report, a report signed with a forged signature, or a report made on behalf of a fictitious person, letter, or any other anonymous message about a crime cannot serve as a basis for initiating a criminal case.

Article No. 145- Obligation to Accept and Review Crime Reports and Statements

1) The inquiry body, investigator, and prosecutor are required to accept, register, and review any report or statement regarding a planned, ongoing, or committed crime. 2) The complainant must be issued a document confirming the registration of the submitted report or statement, indicating the name of the official who received it and the time of registration. 3) An unjustified refusal to accept a crime report or statement may be appealed to the prosecutor or in court in accordance with Articles 122, 123, and 124 of this Code. 4) Crime reports and statements submitted to the court must be forwarded to the prosecutor for a decision on whether to initiate a criminal case, and the complainant must be notified accordingly. 5) A decision on received crime reports and statements must be made within no more than three days from the date of receipt. If necessary, this period may be extended by the prosecutor to ten days to allow for additional explanations from the complainant, document collection, or crime scene examination. 6) Upon receiving a crime report or statement, or upon directly discovering a crime, the inquiry body, investigator, head of the investigative unit, or prosecutor must make one of the following decisions: - To initiate a criminal case; - To refuse to initiate a criminal case; - To transfer the report or statement based on jurisdiction. 7) The decision made regarding the report or statement must be communicated to the person, enterprise, institution, organization, or official who submitted it, along with an explanation of their right to appeal the decision. 8) If a report or statement is forwarded based on jurisdiction, the inquiry body, investigator, or prosecutor must take measures to prevent or suppress the crime and to secure crime-related evidence.