ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of November 2, 2012 No. 604

About the State program of safety of participants of criminal trial for 2013 - 2016

According to article 28 of the Law of the Republic of Tajikistan "About the state protection of participants of criminal trial" the Government of the Republic of Tajikistan decides:

1. Approve the State program of safety of participants of criminal trial for 2013 - 2016 it (is applied).

2. To the Ministry of Internal Affairs of the Republic of Tajikistan, the Ministry of Defence of the Republic of Tajikistan, the Ministry of Justice of the Republic of Tajikistan, the Ministry of Labour, and social protection of the population of the Republic of Tajikistan, to the State committee of homeland security of the Republic of Tajikistan, Agency on the state financial control and fight against corruption of the Republic of Tajikistan, Agency on control of drugs in case of the President of the Republic of Tajikistan and to the Ministry of Education of the Republic of Tajikistan to enable the realization of this Program at the expense of funds which annually in the Government budget are allocated for their content.

3. To the Ministry of Internal Affairs of the Republic of Tajikistan annually till May 1 to submit the report on implementation of this Program in the Government of the Republic of Tajikistan.

Approved by the Order of the Government of the Republic of Tajikistan of November 2, 2012 No. 6O4

The state program of safety of participants of criminal trial for 2013 - 2016

1. General provisions

1. The state program of safety of participants of criminal trial for 2013 - 2016 (further - the Program) is developed based on experience of criminal prosecutions of law enforcement agencies: bodies. internal affairs of the Republic of Tajikistan, state body of homeland security of the Republic of Tajikistan, body of the state financial control and fight against corruption of the Republic of Tajikistan, drugs monitoring body in case of the President of the Republic of Tajikistan it is also aimed at providing security measures, determined by the Law of the Republic of Tajikistan "About the state protection of participants of criminal trial" of December 29, 2010, No. 644 (further - the Law).

2. In implementation process of the Program of measure of the state protection are applied to participants of criminal trial, their close relatives or other persons which are promoting suppression and disclosure of crimes during conducting investigation and search operations, pretrial investigation and legal proceedings on heavy and especially serious crimes, other categories of crimes against state security, economy, citizens, the right and freedoms of citizens, having corruption nature.

3. The program implementation for ensuring protection and safety of participants of criminal trial guarantees collection of necessary statistical data and accumulating of experience of application of this or that measure of the state protection, and also simultaneous application of several measures concerning one protected person.

4. Results of program implementation will be used by preparation of suggestions for improvement of measures of the state protection, to increase in efficiency of activities of public authorities in the field of safety of protected persons, and also in case of development of performance indicators of implementation of measures of the state protection, procedure, techniques and criteria of their assessment.

2. Purpose of the Program and terms of its realization

5. According to the Law the purpose of the Program is implementation of measures of the state protection of the victims, witnesses and other participants of criminal trial. The program is performed in 2013 - 2016.

3. Participants of the Program

6. Coordinator of the Program is the Ministry of Internal Affairs of the Republic of Tajikistan.

7. Participants of the Program are the bodies performing the measures of the state protection specified in article 3 of the Law.

8. The bases for application of the state protection are determined by the body making decisions on application of the state protection.

9. The procedure for application of security measure, application of measure of social support, cancellation of safe measures, powers of court, the prosecutor, bodies of inquiry and investigation, bodies performing operational search activities it is performed according to the Law and regulatory legal acts of the Republic of Tajikistan.

10. The Ministries of Justice, educations, health cares, defenses, work and social protection of the population of the Republic of Tajikistan, local executive bodies of the government are attracted according to the procedure, determined by the Government of the Republic of Tajikistan in actions for ensuring the state protection of participants of criminal trial in the following purposes;

- resettlements of protected persons to other temporary place residence;

- temporary moving to the safe place;

- changes of the temporary place of study;

- replacements of the duty station;

- bodyguard, protection of the dwelling and property;

- ensuring confidentiality of information about persons who are under protection;

- issues of special means of personal protection, communication and danger warning;

- replacements of documents of protected persons;

- appearance changes;

- the applications of additional security measures concerning protected persons which are held in custody or being in places of serving sentence including its transfer from one detention center into custody or serving sentence to other place;

- realization of measure of social support.

4. Main actions of the Program

11. The main actions of the Program are given in appendix 1.

12. Actions of the Program do not repeat action of other existing republican target and departmental programs.

5. Resource providing Program

13. Financing of the Program is performed at the expense of means of the government budget and other sources which are not prohibited by the legislation of the Republic of Tajikistan. The amount of assignments of the government budget in 2013 - 2016 will make in the prices of the corresponding years 6004190, 8 somoni, including:

- on bodyguard, protection of the dwelling and property;

- on acquisition for protected persons of special individual protection equipment, bonds and notifications about danger;

- on ensuring confidentiality of data on protected persons;

- on resettlement of protected persons on other residence;

- on the temporary placement of protected persons to the safe place;

- on replacement of documents of protected persons;

- on change of appearance of protected persons;

- on rendering assistance in change of permanent or temporary place of employment (service) or study;

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