of October 18, 2003
About practice of application by courts of the legislation on responsibility for terrorism
Terrorism one of the most dangerous crimes of the present, quite often carrying not only national, but also international nature.
Terrorist actions are directed to blasting the government and to creation at the population of sensation of fear, helplessness, arisen under the influence of organized and cruel violence of terrorists.
Due to the questions arising at courts in case of application of the legislation providing responsibility for terrorism based on article 27 of the constitutional Law of the Republic of Tajikistan "About courts of the Republic of Tajikistan" the Plenum of the Supreme Court of the Republic of Tajikistan DECIDED:
1. Draw the attention of courts to special peril of terrorism, as to one of forms of criminal encroachment, in basis which the aspiration of the criminal to spread at people around fear, panic, to paralyze social and useful activities of citizens, normal functioning of bodies of authority and management and by that to achieve the antisocial objectives lies.
2. Courts should mean that, except the relevant standards of the Criminal code of the Republic of Tajikistan, are also devoted to questions of fight against terrorism the International Convention of the UN "About fight against bombing terrorism" of December 15, 1997, the Convention "On Fight against the Illegal Acts Directed against Safety of Civil Aviation" of September 23, 1971, the Convention "About Prevention and Punishment of Crimes against Persons Using International Protection including the Diplomatic Agencies" of December 14, 1973, and also the Law of the Republic of Tajikistan of November 16, 1999 "About fight against terrorism" which determine bases of fight against terrorism in the Republic of Tajikistan and by which it is necessary to be guided by hearing of cases of this category.
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