Tajikistan Justice - The Times Of Central Asia

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War in Ukraine

Central Asian Migrants Coerced Into Russia’s War in Ukraine

Citizens of Central Asian countries, including Uzbekistan and Tajikistan, are increasingly being coerced into joining Russia’s war effort in Ukraine, according to a recent statement from Ukraine’s military intelligence agency. Many of those affected are labor migrants who originally traveled to Russia for work but were later pressured or misled into signing military contracts. Reports suggest that Russian army representatives have been enticing migrants with promises of fast money through short-term enlistment. In practice, however, many of these so-called “volunteers” are deployed to the most dangerous front-line positions. Ukraine’s Defense Intelligence claims most do not survive. Among the recently reported casualties were nationals from Uzbekistan and Tajikistan who had enlisted earlier this year. Ukraine's warning also highlights the legal risks facing survivors. Returning home after fighting in a foreign conflict can expose them to criminal charges and potentially long prison sentences under national laws that prohibit participation in overseas military operations. Russian officials have also acknowledged the recruitment of migrants. Alexander Bastrykin, head of Russia’s Investigative Committee, stated during a legal forum in St. Petersburg that his office had identified around 80,000 individuals who received Russian citizenship but then attempted to evade military service. Of those, approximately 20,000 are currently serving on the front lines in Ukraine, according to Bastrykin. As of September 2024, Russia hosted nearly four million citizens from Central Asia. Uzbekistan accounted for the largest share with an estimated 1.79 million migrants, followed by Tajikistan and Kazakhstan. While some migrants sign military contracts out of economic desperation, others reportedly face coercion, threatened with the loss of citizenship or imprisonment for avoiding conscription. The practice of deploying foreign labor migrants to the battlefield has caused mounting concern across Central Asia. Families fear for the fate of relatives drawn into a distant and escalating conflict, often without clear legal protection or state support.

Crocus City Hall Terrorist Attack

Detention Extended for Four Suspects in Moscow Crocus City Hall Attack

The Moscow City Court has extended the detention of four Tajik citizens accused of participating in the deadly terrorist attack at Crocus City Hall in March. According to the court’s press service, the suspects will remain in custody for an additional three months and 28 days. The individuals, Fariduni Shamsiddin, Saidkrom Rachabalizoda, Dalerjon Mirzoev, and Muhammadsobir Faizov, have been named by Russian authorities as the primary perpetrators. They reportedly opened fire and set the concert venue ablaze on the evening of March 22. All four have been officially added to Russia’s federal list of terrorists and extremists. The attack, which occurred during a live performance at Crocus City Hall in Krasnogorsk, just outside Moscow, left 146 people dead. The gunmen used automatic weapons and later ignited a fire in the main concert area, making it one of the deadliest terrorist incidents in Russia in recent history. Russia’s Investigative Committee has charged 27 individuals in total in connection with the attack. Committee Chairman Alexander Bastrykin confirmed that all have been formally charged and that the investigation is ongoing. So far, 12 people have been arrested, with the principal suspects all identified as Tajik nationals. As previously reported by The Times of Central Asia, Turkish prosecutors are also pursuing charges related to the attack. The Istanbul Prosecutor’s Office is seeking prison terms ranging from 7.5 to 15 years for five Central Asian nationals believed to be connected to the same network. Investigations in both Russia and Turkey are continuing as authorities work to uncover the full scope of the group responsible for the massacre.

Social Media

Tajikistan Decriminalizes Likes and Other Reactions to Provocative Social Media Posts

Tajik citizens need no longer fear that they will be imprisoned for clicking “like” on social media posts that the Tajik authorities do not like. Among several laws that Tajik President Emomali Rahmon signed on May 14 was one that decriminalized liking posts on social networks that originate from individuals or organizations the Tajik government considers extremist. Crackdown on Social Media In 2018, President Rahmon signed amendments to Article 179 of the Criminal Code, making it a crime to repost, comment favorably on, or like posts that, in the opinion of Tajik authorities, are public calls to commit or justify acts of violence and terrorism. According to that law, those found guilty of liking such posts face up to 15 years in prison. Since the law came into effect, 1,507 Tajik citizens have been imprisoned. The Tajik authorities often have a broad interpretation of what constitutes public calls to commit or justify serious crimes or acts of terrorism, but it usually boils down to comments that are critical of the Tajik government. Weeks after the law was passed, Alijon Sharipov, a resident of the Vakhsh district in Tajikistan’s southern Khatlon Region, was sentenced to 9.5 years in prison for reposting a video of an interview with the leader of the banned Islamic Renaissance Party of Tajikistan, Muhiddin Kabiri. In July 2019, Ibrohim Kosimov from the western Tajik city of Panjakent received the same prison sentence for “pushing ‘likes’ and ‘shares’ on the posts belong[ing] to opposition figures.” An activist of the Democratic Party of Tajikistan, Rustam Mamajonov, was sentenced to seven years in prison in June 2021 for reposting a video of Sharofiddin Gadoyev, a leader of the banned organization, Group 24. Mamajonov, who was 59 years old at the time, said he did not know how the video appeared on his Facebook page and the repost was a mistake caused by his poor knowledge of how to use the platform. Tajik political activist Abdullo Shamsiddin was deported from Germany back to Tajikistan in January 2023 and was convicted weeks later in March of sedition and sentenced to seven years in prison. Shamsiddin’s trial was held behind closed doors and it was difficult to obtain details about the case, but apparently, he was convicted for clicking “like” on a social network post, though there is no information about what was in the post. Shamsiddinov’s case shows the social network use of Tajik citizens who are outside Tajikistan is also being monitored by Tajik authorities. A Strange Change of Heart The reasons for the decision to decriminalize “posting a like or other sign on social networks,” as it officially reads in the law Rahmon signed, is unclear. Certainly, rights groups have called on the Tajik authorities to overturn the decision to criminalize likes, comments, or reposts of what to the Tajik government are undesirable posts on social networks. However, for years Tajikistan’s government has ignored appeals from rights organizations, the United Nations, and individual governments over the Tajik authorities’ rights abuses....

Rukhshona Khakimova

UN Official Urges Tajikistan to Release, Retry Woman Convicted of Treason

A United Nations human rights expert has joined in calls for the release and retrial of a 31-year-old mother in Tajikistan who was convicted of treason and sentenced to eight years in prison after her research on Chinese aid to the Central Asian country allegedly aroused the suspicion of authorities. A U.N. statement described Rukhshona Khakimova as a “journalist and woman human rights defender” and said it appeared that she had not received a fair trial and may have been targeted for “legitimate human rights journalism” rather than any wrongdoing. “The case was part of a broader criminal investigation involving former senior officials and politicians allegedly accused of extremism, espionage, and an attempted coup,” said the U.N. announcement, which was released on Wednesday. “Her charges allegedly stemmed from interviews she conducted for a research project on international aid from China to Tajikistan, where she reportedly spoke with two defendants, asking general questions not related to classified information.” In recent years, China has developed an increasingly robust role as an investor and security partner for Tajikistan, which has a long border with Afghanistan and concerns about militant infiltration. Mary Lawlor, the U.N.’s special rapporteur on the situation of human rights defenders, said it was “heartbreaking” that Khakimova had been separated from her two young children because the court sent her to jail. Lawlor said Khakimova had a right to a fair and transparent trial and that she was in contact with the Tajik government about the matter. Tajikistan’s Supreme Court convicted and sentenced Khakimova on Feb. 5. The verdict was upheld on April 2. International human rights and media groups have also called for Khakimova’s release. So far, Tajik authorities have not responded publicly to the appeals, which reflect concern about a deteriorating human rights situation in Tajikistan. However, President Emomali Rahmon removed one restriction on Wednesday, signing a law that “abolishes criminal liability for posting likes or other marks on social networks,” according to the president’s office. The restriction had previously been used to prosecute people accused of endorsing extremist posts on social media, though critics alleged the ban was a way to muzzle opposition to the government.

Social Media

Tajikistan Lifts Criminal Penalties for Social Media Likes on ‘Extremist’ Content

Tajik President Emomali Rahmon has signed a new law eliminating criminal penalties for liking or reacting to social media posts classified as extremist or threatening to public order. The president’s press office announced the amendment, which revokes part of a 2018 change to the Criminal Code. Previously, individuals could face prison sentences of 10 to 15 years for openly promoting or supporting purported terrorism or terrorist acts online. Under this legislation, more than 1,500 people have been convicted in Tajikistan, many for merely liking or commenting on posts the government deemed extremist. A significant number of those affected were believed to be affiliated with opposition groups. It remains unclear whether the new law will result in the release of individuals already imprisoned under the previous statute. However, lawyer Dilshod Jurayev told Radio Ozodi that those convicted may now have grounds to appeal their sentences. Regional Context In neighboring Uzbekistan, social media users still face the possibility of legal consequences for engaging with prohibited content if investigators or courts determine that liking such material constitutes distribution. Uzbekistan’s Agency for Information and Mass Communications (AIMC) has cautioned the public against spreading false information. The agency emphasized that engaging with posts containing fake news, disinformation, or extremist content could result in administrative or criminal penalties. “There is administrative and criminal liability for spreading false or harmful information,” the AIMC stated. “Before you share anything, make sure it comes from a trusted, official source.”

Economy

Tajikistan Has the Harshest Fines Relative to Income in Central Asia

Tajikistan ranks first among Central Asian countries in the ratio of maximum fines to average salaries, a disparity that has sparked growing dissatisfaction among the population. Structure and Scale of Fines Fines in Tajikistan fall into two categories: administrative and criminal. Administrative fines apply to less serious infractions, such as traffic violations, breaches of sanitary rules, and disorderly conduct. Criminal fines, by contrast, target serious offenses including fraud, tax evasion, and property crimes. Administrative penalties are more common and tend to disproportionately impact ordinary citizens. As of January 1, 2025, the minimum administrative fine for individuals and sole proprietors is 75 Tajikistani somoni (TJS), or approximately $7.20. For government officials, the minimum fine is 225 TJS ($21), and for legal entities it is 750 TJS ($72). The upper threshold for administrative fines is capped at $780 for individuals, $1,400 for officials, $2,120 for entrepreneurs, and $7,200 for legal entities. Regional Comparisons Compared to its neighbors, Tajikistan's fine-to-salary ratio is starkly higher. In Kazakhstan, the maximum fine for individuals is roughly $1,537, or about 80.5% of the average monthly salary ($851 as of January 2025). In Kyrgyzstan, the maximum individual fine of approximately $229 represents just 50.9% of the average salary ($450). In Uzbekistan, where the maximum individual fine is limited to $145, it amounts to about 35% of the average salary of $414. In contrast, the maximum administrative fine in Tajikistan for individuals exceeds the country’s average monthly income by more than 2.8 times, placing it at the bottom of the regional ranking in terms of fairness and affordability. Calls for Reform Experts have proposed that Tajikistan consider adopting a proportional system of fines based on the offender’s income. Such systems, already implemented in various European countries, aim to ensure that penalties are equitable across income groups. In Finland, traffic fines are linked to annual income; in Sweden and Norway, they depend on monthly earnings. Other countries, including Germany, Switzerland, Austria, and France, also tailor financial penalties to income. Estonia and Latvia have initiated similar reforms, signaling a broader European trend. Adopting such a model in Tajikistan could improve perceptions of justice and encourage compliance with laws, particularly among higher-income groups. However, experts caution that successful implementation would require sweeping legal reforms, along with mechanisms to accurately monitor and verify income levels.