ICJ: TJ justice system must be reformed (UN statement)

The statement, delivered on 23 March 2022 by the International Commission of Jurists (ICJ) before the UN Human Rights Council during discussion of the outcome of Tajikistan’s Universal Periodic Review, calls for comprehensive judicial reform in Tajikistan to protect human rights. According to the ICJ, the organisation welcomes Tajikistan’s acceptance of recommendations by Armenia (123.61), Uzbekistan (123.134), Australia (123.135), and Canada (123.137) to ensure an independent judiciary and the right to a fair trial. The statement notes, however, that despite multiple judicial reforms the judiciary in Tajikistan is not independent. It states that self-governing bodies of the judiciary are weak and individual judges remain highly vulnerable to pressures from within or outside the judiciary, adding that judges are not able to adjudicate independently and court presidents influence decision-making in all cases. The statement notes that these deficiencies have real consequences for human rights protection, including the fairness of court proceedings, “resulting in almost no acquittals in criminal proceedings.” The ICJ welcomes acceptance of recommendation 123.166 from Norway to guarantee full independence and safety of lawyers. However, it regrets that Tajikistan did not accept recommendations from Ukraine (123.149), France (123.162), and Luxembourg (123.171 and 123.172) calling for an end to interference with the independent work of lawyers and the release of those detained. According to the statement, in practice lawyers often face harassment for carrying out their professional duties, and since 2015 a number of lawyers have been sentenced to lengthy prison terms on what it describes as “bogus charges of fraud, corruption and other crimes, likely for political motives.” The ICJ calls for a comprehensive judicial reform to ensure independent administration of justice and for lawyers to carry out duties without intimidation, hindrance, harassment or improper interference. Contact given: Massimo Frigo, ICJ UN Representative. Source cited: ICJ statement to the UN Human Rights Council, 23 March 2022.