It is registered
Ministry of Justice
Republic of Tajikistan
On July 4, 2011 No. 429
of June 28, 2011 No. 720
About procedure and conditions of detention of suspects, persons accused and defendants
This Law regulates procedure and conditions of detention of suspects, persons accused and defendants, determines guarantees of their rights and legitimate interests.
In this Law the following basic concepts are used:
- the suspect - person concerning whom on the bases and according to the procedure, established by the Code of penal procedure of the Republic of Tajikistan, criminal case in connection with his suspicion of crime execution is brought what to it it is declared the investigator or the investigator or it is detained, or the measure of restraint before brining a charge is applied to it;
- the person accused - person concerning whom the decree on attraction it as the person accused is issued;
- the defendant - person concerning whom criminal case is accepted to production by court;
- pre-trial detention centers - pre-trial detention centers of system of execution of criminal penalties of judicial authorities, pre-trial detention centers of security service;
- temporary detention centers - temporary detention centers of suspects, persons accused and defendants of law-enforcement bodies, bodies of the state homeland security, bodies for protection of frontier, drug trafficking monitoring bodies and bodies for the state financial control and fight against corruption.
The legislation of the Republic of Tajikistan on detention of suspects, persons accused and defendants is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
1. Detention of the suspect, person accused and defendant (further - detention) is performed for the purpose of, provided by the Code of penal procedure of the Republic of Tajikistan.
2. Detention of the suspect, person accused and defendant for the purpose of causing tortures, tortures, and also causing physical and moral harm is not allowed.
Detention is performed according to the principles of legality, integrity of human beings, presumption of innocence, equality before the law and court, humanity and respect of human dignity.
1. The basis for detention of persons detained on suspicion of crime execution is the protocol of detention constituted according to the procedure, established by the Code of penal procedure of the Republic of Tajikistan
2. The basis for detention of the suspect, the person accused and the defendant to whom as measure of restraint detention is applied is the judge's ruling or determination of court which is taken out according to the procedure, established by the Code of penal procedure of the Republic of Tajikistan.
1. The suspect, the person accused and the defendant have the rights and freedoms and perform the duties established for citizens of the Republic of Tajikistan except for of the restrictions provided by this Law and other laws.
2. The suspect, the person accused and the defendant who are foreign citizens or stateless persons, being held in custody in the territory of the Republic of Tajikistan perform duties and have the rights and freedoms established for the citizens of the Republic of Tajikistan, except as specified, provided by the Constitution of the Republic of Tajikistan, this Law and other laws, and also the international legal acts recognized by Tajikistan.
3. Discrimination of the rights of the suspect, person accused and defendant on signs of nationality, race, floor, language, religion, political convictions, educations, social and property status, and also on other circumstances is not allowed.
Places of detention are:
- pre-trial detention centers of system of execution of criminal penalties of judicial authorities;
- pre-trial detention centers of bodies of homeland security;
- temporary detention centers of bodies of homeland security;
- temporary detention centers of law-enforcement bodies;
- temporary detention centers of bodies for protection of frontier;
- temporary detention centers of monitoring bodies for drugs;
- temporary detention centers of bodies for the state financial control and fight against corruption.
2. In the cases provided by this Law, guardrooms, and also organizations of system of execution of criminal penalties can be places of detention.
1. Pre-trial detention centers are intended for content of suspects, persons accused and defendants to whom as measure of restraint detention is applied.
2. Pre-trial detention centers have the status of the legal entity.
3. Pre-trial detention centers of system of execution of criminal penalty of judicial authorities and homeland security are created, will be reorganized and liquidated by the Government of the Republic of Tajikistan on representation of heads of these bodies.
4. Financing of pre-trial detention centers is performed at the expense of means of the government budget.
1. Temporary detention centers are intended for detention of persons detained on suspicion of making of crimes.
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