Guidance

Tajikistan legal and prison systems

Updated 5 April 2024

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer.  Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.         

This information pack aims to give you, and your family and friends, information about the local system in Tajikistan and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made. 

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas. 

Contact Information

Consular Services
British Embassy
65 Mirzo Tursunzade Street
Dushanbe, Tajikistan 734002

E-mail:dushanbe.reception@fcdo.gov.uk

Tel: +992446109922, +992 446109944, +992 446109966, +992 446107766 – Main switchboard

Fax: +992 37 227 1726

https://www.gov.uk/government/world/tajikistan

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Tajikistan, notification by the authorities to the consulate normally takes place several days after arrest.

We can also:

• provide a list of local English-speaking lawyers and interpreters.  See also [link to section: Legal assistance: lawyers and legal aid]
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)

What we cannot do

• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing. 

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Tajikistan.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Tajikistan

Visits: friends and family

Who can visit and how to arrange visits

It is a general rule that in a pre-trial detention centre visits are not allowed.

When in a prison only close family are permitted to visit (parents, husband/wife, children and siblings).

An appointed lawyer can be in charge of organising a visit of the family. Visitors are required to apply in person (or via the lawyer) to the public prosecutor in advance of the visit and must show their passport and the permission approved by the prosecutor in charge when they arrive at the prison. These are held by the prison and the passport is returned at the end of the visit.

If you are detained on remand, you can have up to 2 visits by family members or other persons each month, with each visit lasting up to 3 hours. Prior written permission from the authority in charge of the criminal case is required for each visit.

The details of the visitors need to be included in the permission. No more than 2 adults can visit at one time, and children may or may not be allowed to accompany them.

If you have been sentenced but your sentence has not yet begun, you need to request permission for a visit from the court which held the trial of your case. If you are serving your term, you need to request permission for a visit from the prison governor.

Sentenced prisoners are entitled to short (4 hours) and long (3 days on prison premises or 5 days outside of prison) visits.

The exact number of visits depends on the category of sentence and may vary from 2 to 6 short visits and from 1 to 6 long visits a year.

The short visits are for both family and friends, but the long ones are for the immediate family only. A longer visit cannot be arranged for any visitor who is not family, even if they had to travel from abroad. Lawyers have unlimited visits with no limitations on how long they spend with their clients.

Visitors will be searched before entering the prison, their ID will be checked as well as proof or relationship. Normally visits are allowed between 9.00 and 17.00, but are subject to internal schedule of the prison.

What to expect when you visit

Closed visits are where prisoner and visitor sit either side of a glass window and speak to each other on the phone. Open visits are done in the lawyers' rooms where the prisoner and visitor can sit at opposite sides of a table.

Frequency of prison visits depends on the specific rules in the prison, its specific regime type, the offence a prisoner was charged with and even his behaviour in prison. In general it happens not more frequently than once per month. Visits can be short (2 hours) and long (2 days). You need to have your passport with you .

The first visit can be arranged as soon as you have been released from the quarantine. You may request a visit by a lawyer in writing or verbally, the number and duration of visits are not limited.

What you can take on your visit

Generally, only books and magazines can be brought to prisoners. As for other items such as food or tobacco, every prison has its own list of permitted and prohibited items. All bags and parcels will be searched before entry and authorities have the right to withhold items they deem to be unacceptable.

Visits: consular staff

We hope to visit you every 6 months. You will be called to the prison’s ‘lawyers’ rooms during a Consular visit to have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff. At each Consular visit, our staff will complete a “Visit Report Form”. If there is any information that you would prefer not to disclose to a Next of Kin you should let us know during the visit.

Emergency trips outside of prison

It is not possible to make a trip outside of prison in any circumstances.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

When someone is arrested they are taken to a police station in the first instance. If you are remanded in custody, any belongings that are not part of the investigation, process, or evidence will be sent to the prison, if the prison has enough space to keep them. It is unfortunately not unusual for some belongings to go missing right after arrest or during prison transfers.

The British Embassy cannot store your personal belongings on your behalf. The only property we can keep for you are your passport and driver’s licence. However, these are usually retained at the courts until the end of your sentence. Please note that your passport might be kept by the courts as evidence of the alleged crime or as a condition for your bail/parole. This measure is taken by the courts to prevent you from skipping bail.

Medical checks will be carried out by the prison health department in order to assess if you need any treatment for ongoing medical conditions (for example, blood pressure, diabetes, HIV).

Initial arrival at the prison

 In this chapter you will find information on daily life in a Tajik jail. Use your common sense and listen to the advice of more experienced prisoners.

When someone is arrested they are taken to prison in the first instance. Any belongings that are not part of the investigation or evidence will be sent to the prison. (if the prison has enough space to keep them). It is unfortunately not unusual for some belongings to go missing right after arrest or during prison transfers

We cannot store your personal belongings on your behalf. The only property we can keep for you are your passport and driver’s licence. However, these are usually retained at the courts until the end of your sentence. Please note that your passport might be kept by the courts as evidence of the alleged crime or as a condition for your bail/parole. This measure is taken by the courts to prevent you from skipping bail.

Medical checks will be carried out by the prison health department in order to assess if you need any treatment for ongoing medical conditions (for example, blood pressure, diabetes, HIV).

Prison: conditions and daily life

Accommodation

Overcrowding is a problem so you cannot expect a single cell as a matter of course. Your living place should be well lit; the temperature should be appropriate for the season (not less than +18 degree in winter) and should have ventilation.

The tuberculosis rate in prisons is 40 times higher than is reported among the population at large . Women’s prisons are separate to men’s. Prisoners serving their first sentence are normally accommodated separately to those sentenced repeatedly. The number of inmates to a cell depends on the size of the cell and the number of prisoners in the particular prison. A large prison can have dormitories with a capacity of 28 people split in to 7 rooms. No less than 2.5 square metres should be allocated to a male prisoner, 3 square metres for females, 3.5 square metres for underage prisoners.

Toilets and showers are mostly shared. Hot water is supplied. Laundry facilities are available but rudimentary. Prisoners are responsible for the cleaning of their cell. You should be allowed to wash in a bath once a week (for about 30 min) and to change your used bed linen. You should be provided with clothes, underwear and footwear appropriate for the climatic conditions and seasons. You should be entitled to a short walk every day.

Food and diet

You are entitled to 3 hot meals a day. The diet includes carbohydrates, fats and proteins. It is based on the calorific intake sufficient to sustain human health but tends to be bland and lacking fresh vegetables and fruits or dairy products. Those with severe health issues or disabilities, adolescents and pregnant women are entitled to an improved diet.

The prison diet does not cater to specific religious, or lifestyle needs. You can supplement your diet by buying food from a prison shop with the money from your private prison account. However, there is a limit to the amount of money you can spend each month, depending on the detention regime.

Your family or friends can also bring or send food, although there are multiple restrictions on what they can or cannot bring, and they vary depending on the specific prison. There is also a limit to the number and weight of parcels, which you are entitled to receive, depending on your detention regime.

Tap water is normally used for drinking, but the quality of water may vary depending on the region.

Hygiene

Barracks or cells normally have running cold water but may or may not have hot water. There is usually a schedule to take hot showers at a prison facility. You can take a shower at least twice a week, while your underwear and bedding should be changed weekly. The shower facilities are communal.

Conditions in shower stalls and toilets may vary between facilities and may be substandard at older facilities.

The prison administration should provide basic toiletries, including soap, toothpaste and toothbrush, toilet paper, shaving razors for men and hygienic supplies for women. Basic toiletries are also normally available at prison shops.

Work and study

There are very limited employment opportunities available within the prison with very low  salary. You will need to apply for a vacancy and wait for your name to be called.

Prisoners may be involved in unpaid social works (up to 2 hours a week) to clean the rooms and prison areas.

Study opportunities are also available, however they are often only provided in Tajik language. A limited number of prisons offer language courses. Learning and development opportunities may vary from prison to prison.

Contact and languages

You may or may not be put in a barrack or cell with other English–speaking inmates. This depends on the goodwill of the prison administration and availability of space.

Contact with other inmates may be restricted if you are subjected to disciplinary actions due to a breach of prison regulations. You are then relocated to a disciplinary cell or a single person cell for a certain amount of time.

Prison guards are not required to speak a foreign language, including English. Some of them may have very basic English-language skills.

Access to mobile phones is prohibited in Tajik prisons. Internet access is also not available. You are able to make phone calls at your own expense using designated prison landlines. These may or may not include international calls, depending on the prison’s technical facilities.

You can use writing supplies purchased at your own expense or brought by family or friends. You can send and receive letters by post. All incoming and outgoing correspondence is subject to censorship.

Prisons normally have libraries, but the selection of books may be limited, and may not include books in foreign languages.

You can order English-language books from outside, but these will have to be censored by the prison authority before being handed over. You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

No books featuring crime, violence, political issues, inciting hatred or conflicts or including erotic or pornographic materials are allowed on prison premises.

You can watch television provided by prison administration and shared by inmates. You cannot have your own TV or radio set.

Prison authorities take a positive view if you get enrolled in studies, demonstrate good results at work and take part in prison  social activities in. This will be reflected this in your prison record.

Exercise

Movement around the prison premises is usually restricted for prisoners .  Prisoners under strict imprisonment conditions are allowed an hour long walk in a specially designated outdoor area. Depending on their type and regime as well as their infrastructure, prisons may have sport facilities available to prisoners and organise regular group exercises for inmates. You are not allowed to leave your barracks at night.

Climate

The climate in Tajikistan is very different from the UK. It is very dry and hot in the summer. The winter is not very cold. You will be provided with seasonal clothing and shoes in accordance with your age, sex and the climatic conditions.

Religion

You have the right to:

• perform religious rites on the premises of the detention facility

carry religious literature and other religious objects, subject to prison rules and the rights of other inmates

Rules and regulations (including drugs)

 Cigarettes are allowed only in specified areas inside the Tajikistan prisons.

If you are caught with any kind of illegal drugs (such as marijuana or cocaine) you will be punished accordingly. Punishments may include, losing your job or development opportunity or a period of solitary confinement.

All new prisoners are seen by the prison doctor or psychologist. If you have a drug addiction you will monitored by the psychologist to ensure you are offered treatment and/or rehabilitation.

Prison: access to help and services

Receiving money

In Tajik prisons you pay for everything other than the absolute basics. However, we strongly advise prisoners not to make it evident if they have access to regular funds (keep cash deliveries to a minimum, advice visitors/family not to send or deliver expensive gifts or large parcels).Foreign prisoners are presumed to be rich and may become a target for  a good source of funds by other inmates within the prison and become victims of theft and extortion, or targeted by drug abusers. It is also possible for friends and family to transfer money directly to the prison or through the FCDO in London to avoid paying bank charges (on smaller transfers).

Please note that the Embassy does not provide financial support to British Nationals in prison abroad.

There are 2 ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends.
• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day).

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular donations from other sources.  

Medical and dental treatment

In the larger prisons, there is a health service under the authority of a medical practitioner. This service has an infirmary where basic medical treatment can be given, a dental treatment unit, a dentist and adequate staff. Medical examinations, vaccinations and urgent dental care of the prisoners as well as examinations of newly arrived prisoners in the detention facility are carried out by this service.

If you need medical or dental treatment you should submit a written request for an appointment with the prison doctor or dentist. Depending on the number of patients and the urgency of the situation, you may get an appointment the same day or after 2 to 3 days. Basic medical attention is free of charge. It is unlikely that you will be treated by an English-speaking doctor. If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from your doctor in the UK. Your UK doctor can send the report, via the Embassy, addressed to you.

In some large prisons it can be difficult to get an early appointment but if the situation is urgent you should contact the prison social worker, who may be able to get you an appointment more quickly than through the normal channels.

You have the right to approach other medical facilities to get medical consultation and treatment. Either you or your relatives should cover the charges for such services or for medicine. In such cases the medical consultation or treatment should be carried out under the supervision of the medical personnel at the medical and sanitary division of the prison/detention centre.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

Friends and family can send mail/parcels directly to the prison, although in some prisons it can take long time for you to receive the the mail/parcel. All letters are opened, and checked by prison staff before they are given to prisoners.

There is usually no limit to the number of letters you may send or receive. The prison authorities are obliged to deliver letters with the minimum of delay. Please be aware that the prison might read your letters before sending to the recipient. If you are told you are not allowed to receive letters in English, you should notify a consular officer and we will communicate with the director of the prison.

Correspondence between prisoners who are not your relatives and who are being detained at the same detention facility is only allowed with the permission of the prison authorities.

The handling of incoming and outgoing letters is carried out by the administration within 3 days from the handling or sending date of the letters. Telegrams received for you should be handed immediately.

All letters sent to the Embassy are opened before they are given to prisoners to check for prohibited items. Consular officers will not read the contents. Delays of up to 5 days are not unusual.

You can receive parcels from your family. The number of parcels, presents or amount of money you can receive during a year depends on the type of prison. Parcels should be sent directly to the prison, parcels sent to the Embassy will not be forwarded to you. Parcels must have the name and details of the sender, otherwise the parcel will be refused.

You can receive unlimited amounts of reading materialand stationery by post. You can also subscribe to newspapers and magazines and pay through your personal account. Literature obtained and received by post are not included into the list of parcel-post and parcels that are established by the Legislation. You are allowed to keep books and magazines up to ten volumes.

You cannot obtain,  subscribe to  or share publications that:

• propagandise  war, violence and brutality
• promoting national and religious
• are pornographic

Telephone calls

According to Tajikistan law no prisoner can have access to a mobile phone. If you are caught trying to use a mobile phone inside the prison you will be punished according to the prison’s regulations.

You have the right to 12 phone conversations (landline) a year, which are no more than 15 minutes each (and 6 minutes for lifelong prisoners). Phone calls take place in a specific room. Before the call, the prison administration should inform you that all calls are monitored.

Usually there is weekly or monthly access to a payphone. How often you can make phone calls depends on each prison’s rules and regulations, and, for example, your and the crime you are convicted of. Telephone cards are sold at the prison. The people you can call may be restricted to  immediate family or the Embassy.

Telephone calls are normally allowed between 9.00 and 18.00. Outside these times, call can be made in a emergency and when approved by the prison administration

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

Chapter 3: The Tajikistan judicial system

Overview

The Embassy cannot interfere with the judicial system of Tajikistan. We cannot ask for your case to be judged quickly or ask the authorities to waive any penalties. Below you will find more information about the Tajikistan’s judicial system.

Although on the face of it there are many similarities. For example, prisoners are presumed innocent until proven guilty; they have a right to legal representation, an interpreter, a fair trial and to appeal. However,r there are fundamental differences. For example, there is no jury system and judicial processes are not always correctly followed. Tajikistan’s judicial system for proceedings in criminal cases has several levels:

• local courts (district and city courts)
• oblast courts
• the Supreme Court of the Republic of Tajikistan

Local lawyers can be expensive and not very efficient.. Prisoners can remain in prison without having been sentenced for well over a year. Remember, you should never sign anything you cannot read or understand. If you find yourself under pressure to sign, ask to speak to the British Embassy.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

First steps

What happens after you are arrested

You may be arrested and held in a detention facility if there are grounds to believe that you:

• would escape investigation or court or hinder examination of a case before court,
• would continue acts of crime, and also for execution of a sentence of a court.

If you are arrested at the airport you will initially spend some time in a police cell there. Police should tell you the charges and your rights. Whilst you are there, the police will usually gather evidence and question you in the presence of a translator. You will be taken from the airport to cells at Police Headquarters, where a state prosecutor will start the first phase of investigation.

Whether arrested at the airport or elsewhere, you will usually remain in a police cell for a day or two (official time is 24 hours) before you are taken to court to give your pre-hearing statement to the prosecutor. At this point, depending on the evidence, the judge decides either for detention or release. If the decision is detention, you are taken to prison to await your court hearing. The court hearing date is usually 3 to 6 months after the prosecutor’s first decision. In the police cells and in prison you will probably share a cell with several other people. You may have access to your belongings, but this depends on whether the police consider them as evidence. If considered as evidence you will not be allowed to keep your possessions. Your passport and other identification will be taken away and kept by the prison authorities in your file.

An interrogation officer, investigator, prosecutor or court is obliged to notify relatives of the suspect about the arrest within 12 hours. If the detainee is a foreign citizen, the embassy, consulate or other representative office of his/her state must be notified within the stated time. In exceptional cases, such notice may be delayed for a period not exceeding 10 days (except for instances with minors).

If you have any questions on the legal aspects of your arrest, contact your lawyer. See for a list of local English-speaking lawyers.

Length of remand

Normally, you can be remanded in custody for the initial period of up to 3 months. The court may extend this for another 1 to 3 months if requested by an investigator. There can be further extensions, but the total time on remand should not normally exceed 18 months. If you are then sentenced to imprisonment, each day you spent in a remand prison until sentencing counts toward your prison sentence as a day and a half. The same applies to the time you spent during transportation from a remand prison to a prison. 

Prisoners on remand and sentenced prisoners: differences

People accused of crimes, but refused bail, are placed on remand – also known as remand prisoners – are held in custody and sent to the prison untiltheir trial on criminal charges for up to 6 months. Legally, remand prisoners are only held to guarantee that they are present for their trials – the law does not regard their imprisonment as punishment.

A person who is on remand in a prison is not treated as a convicted prisoner, as they have not yet been found guilty of any offence. They should also have more rights in prison, such as being able to wear their own clothes and having more visits.

After you are charged

In most cases, you must be charged officially within 48 hours of arrest. In some circumstances, the period of confinement without charge can be extended. If you are charged with a crime you will be given a ‘charge sheet’. This sets out the details of the crime you are being charged with. The investigator will decide if you:

• can go home until the court hearing - but may have to follow certain rules, known as ‘bail’
• are kept in police custody until you are taken to court for your first hearing

Bail

According to the legislation you are able to bail out. Bail may be in the form of money (and, upon a permit of a prosecutor or court, other valuables and real property) to be deposited by you or another person. The amount of bail depends on the gravity of the accusation, your identity and property status. Bail may be denied if you are accused for particularly heavy crimes.

An amount of bail varies from the level of crime:

• 100 times monthly income for minor crimes;
• 300 times monthly income for negligent crimes of medium gravity;
• 500 times monthly income for pre-meditated crimes of medium gravity;
• 1000 times monthly income for serious crimes.

Bail is rarely granted for foreigners. Foreigners holding a valid residence permit or those who are married to a Tajik National can be granted bail depending on the charge.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see the list of English-speaking lawyers. Prisoners Abroad can also supply information on legal aid, court proceedings and can advice on appointing a lawyer.

You can hire a lawyer for yourself at any time after your arrest; a list of English-speaking lawyers will be given to you by a Consular officer. Normally, if you hire a private lawyer they will ask for a cash advance for their estimated legal fees before they will take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them. Consular staff cannot give legal advice.

If you do not have funds to hire a lawyer yourself, the court must appoint one. State appointed lawyers are free of charge but they rarely speak English. As in any country, some lawyers are better than others (paying a large fee does not guarantee that you will get a

good lawyer). If you decide to pay for a lawyer, it may be possible to agree a flat fee for the whole case before they begin work so that you do not find yourself facing ‘extra expenses’.

The number and terms of your meetings with the lawyer are not limited. The meetings can be held face-to-face at your or your lawyer’s request. The meetings with the lawyers are not included into those established by the Legislation. Such meetings are allowed to the prisoner within the framework of the rules of the detention facility at any time, except for the resting and working hours.

Trial

During a trial, the court hears the views of all participants (prosecution, defence, accused, victim, witnesses), examines expert evidence, material evidence, and pronounces records and other documents. After that, the court passes to judicial pleadings. These are speeches from:

• the prosecuting attorney
• the person affected (the victim)
• the person on trial
• the defence attorney

After that, the court calls for the final plea of the person on trial. At the end of the trial, a sentence is passed.

The court should explain to you and other participants in the trial the procedure and timing for appeal against the sentence and also other rights. It must be explained that you have the right to apply for compensation for illegal detention. No later than 5 days after announcement of a sentence, a copy thereof must be served to you, defence attorney and prosecuting attorney. Within the same deadline, a copy of the sentence must be served to the person affected, civil claimant, civil defendant and their attorneys, if the applications from such persons were received by the court.

If some specific facts are found in the course of judicial investigation which is managed by a chairperson, the case may be expedited for further investigation or even closed . Therefore, there may be more than one hearing. The judge may ask for a second hearing if s/he decides that more evidence is required. Sometimes lawyers ask for a second hearing if they need more time to work on the case.

The trial will be heard in Tajik and Russian. The Court appoints and pays for an interpreter. Consular staff cannot act as interpreters. Consular officers check before the hearing if a lawyer and an interpreter are appointed. Consular Officers usually do not attend the hearings.

Sentences

A sentence is given after the final court hearing by the judge.  If you are found guilty you may be given one of the following punishments:

• a fine
• a ban from holding a certain office, or engaging in certain activity
• engagement in public works

correctional labour

• restriction in military service
• restriction from doing certain activities or working in legal institutions
• imprisonment
• detention in a disciplinary military unit
• capital punishment (for terrorist offences resulting in fatalities, and warcrimes)

Criminal proceedings involving foreign nationals and stateless persons are conducted in accordance with the civil procedure legislation of Tajikistan. Specifics of civil proceedings against or with the involvement of persons enjoying diplomatic or other privileges and immunities established by international treaties to which the Republic of Tajikistan is a party, are determined under the Republic of Tajikistan Code of Criminal Procedure.

We would like to draw your attention to the fact that we are not experts in criminal law and criminal procedure law of Tajikistan, also that we cannot act for anyone in such cases. This is the area of advocacy activity, which requires an advocate’s licence. The above information is only a review of legislation and should not be treated as instructions. 

Appeals

Lawyers, on behalf of their client, have a right to appeal against the final court decision within ten working days. It is common practice to appeal the final court decision to make sure that the sentence is reviewed by a higher court. All appeal applications are sent to Dushanbe to the Supreme Court.

The appeal process is very slow (sometimes more than a full year) and can lead to delays in finalising the sentence. Prisoners have a right to withdraw a appeal if they wish.

Court sentences, which did not enter into legal force, except for the sentences issued by the Supreme Court of the Republic of Tajikistan, may be appealed against and protested by the parties through an appeal procedure. Appeals and protests are lodged though the court which issued the sentence. Appeals and protests against a sentence of the court of first instance may be lodged through an appeal procedure within 10 days of the announcement of the sentence. A convicted person who is in custody may do this within 10 days after being served a copy of the sentence. Lodging of an appeal or protest suspends the execution of a sentence

Reduction of sentence (remission)

Please seek legal advice from lawyer.

Early release

In Tajikistan, the law makes a provision for the early release of prisoners serving a sentence. The public prosecutor is obliged to consider automatically whether you should be released:

• when you have served half of your sentence (if the sentence was for 2 years or less and you have not been sentenced and imprisoned before
• when you have served two-thirds of your sentence (if the paragraph above is not applicable

For your benefit under this provision it is important that your conduct whilst in prison is good.

Clemency or pardon

In Tajikistan, pardon/clemency can only be given by the President. A pardon/clemency means that although the prison sentence will end the person will still have a criminal record. Please seek legal advice from your lawyer on how to apply.

Financial penalties

Financial penalties may form part of the sentence given. The amount of a fine is determined by a court, depending on the seriousness of the crime committed, and your financial/property status.

If you don’t pay a fine. it may be replaced by labour on public works, correctional labour, or detention.

Transfer to another prison within Tajikistan

Normally all convicted persons serve their entire prison term in 1 penal institution.

Transfer to another prison within Tajikistan is only possible:

• as sentence remission
• because of a threat to your safety and wellbeing
• because of substantial deterioration of your health requiring medical treatment
• because the prison is closed or reorganised
• because of a natural or a man-made disaster

Transfer to a prison in the UK

There is no prison transfer agreement signed between Tajikistan and the United Kingdom.

Release and deportation

You can be released:

• When you served your sentence
• your sentence is overturned by the court clemency or amnesty
• severe disease
• other grounds

You will have your documents and belongings returned by the prison on the day of release. You must leave the country after your release.

If you do not have a valid travel document, the Embassy can issue a travel document. You will have to pay for the travel document and for your flight. You will need a Tajik exit visa or a deportation document from the Immigration police. If you do not have sufficient funds for the required documents, consular representatives will contact family/friends in the UK to ask for a money transfer.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell your consular caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army

UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Additional Information

International Legal Initiative

International Legal Initiative is a non-governmental and non-profit organisation created in 2010. The mission of the IPI is educational and human rights activity that promotes public awareness of human rights, their implementation and protection, as well as participation in legislative reforms in order to promote human rights.

Penal Reform International (PRI)

PRI has been working in the Central Asia region since 2001. Current work focuses on legislative reform in Tajikistan, torture prevention, improving independent public oversight of places of detention and supporting the reintegration of people in prison into society

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays to Fridays 9:30am to 4:30pm (UK time)

89 – 93 Fonthill Road
London N4 3JH

Glossary of terms

Ugolovny Kodeks	Criminal Code
Ugolovno-protsessualny Kodeks	Code of Criminal Procedure
Zaderzhaniye	Detention
Zaderzhanny	Detainee
Obysk	Search
Arest	Arrest
Arestovanny	Arrestee
Podozrevayemy	Suspect
Obvinyayemy	Accused person, defendant
Protocol	Transcript
Delo	Case
Yurisdiktsiya suda	Court venue
Militsiya	Police
Predstaviteli tamozhni	Customs officials
Pogranichnaya Okhrana	Border guards
Prokuror	Prosecutor
Procuratura	Prosecutor’s office
Gosudarstvenny obvinitel	State prosecutor
Secretar suda	Custodian of legal records
Gosudarstvenny zashchitnik	Court-appointed attorney
Chastny advokat	Private attorney
Svidetel	Witness
Perevodchik	Translator, interpreter
Otvetchik	Defendant
Istets	Plaintiff
Postradavshiy	Victim, the aggrieved party
Sudya	Judge
Sud	Court, trial
Rayonny sud	District court
Sudebnoye zasedaniye	Trial
Otlozhit sudebnoye zasedaniye	To postpone trial
Neyavka svidetelya	Witness unable to appear at trial
Doznaniye	Inquiry stage of First Stage of Investigation
Sledstviye	Investigation
Predvaritelnoye sledstviye	Preliminary investigation
Prodleniy sroka sledstviya	Investigation period extension
Obvinitelny act	Indictment
Prigovor suda	Court’s decision
Osuzhdyonny	Convict
Uslovno	On probation
Konfiskatsiya	Confiscation
Otsrochka	Suspension
Amnistiya	Amnesty
Khodataystvo	Official request
Zhaloba	Complaint, appeal
Zayavleniye	Statement
Dokazatelstvo	Evidence
Zalog	Bail
Vydvoreniye	Deportation
Nakazaniye	Penalty
Lisheniye svovody	Sentence
Vysshaya mera nakazaniya	Death penalty
Smertnaya kazn	Death penalty
Osvobozhdeniye	Release from prison
Prekrachsheniye dela	Dropping of charges
SIZO	Detention centre
Nachalnik SIZO	Detention Centre warden
Kamera	Cell
Kartser	Penal chamber
Okhrana	Guards
Vrach	Doctor
Stomatolog	Dentist
Svidaniye	Visit
Peredacha	Food supplement delivery
Veshchevaya peredacha	Clothes delivery
Denezhny perevod	Money wire
Perepiska	Correspondence
Laryok	Prison store
Ubiystvo
Prichineniye telesnykh	Murder
povrezhdeniy	Inflicting bodily injuries
Moshennichestvo	Fraud
Prisvoyenie deneg	Embezzlement
Iznasilovaniye	Rape
Khuliganstvo	Disorderly behaviour, hooliganism
Kontrabanda	Smuggling
Kontrabanda narkotikov	Drug smuggling
Narusheniye vizovogo rezhima	Violation of visa regime
Nezakonnoye peresecheniye gosudarstvennoy granitsy	Illegal State border crossing

Annex

FCDO guidance: Support for British nationals abroad

https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide

FCDO guidance: Arrested abroad: advice for British nationals

https://www.gov.uk/government/publications/arrest-or-detention/arrested-abroad-advice-for-british-nationals

List of English-Speaking Lawyers

[link]

List of Private Translators/Interpreters

[link]

Prisoners Abroad Forms

https://www.prisonersabroad.org.uk/arrest-and-imprisonment