A/HRC/45/13/Add.1
8.
The peace agreement and the formation of the coalition Government did not,
however, eliminate tensions or sporadic conflicts, which culminated in 2015 in the Supreme
Court declaring the Islamic Renaissance Party an extremist and a terrorist organization and
it being banned. At the same time, Emomali Rahmon, who has been in the position of State
President since 1994, consolidated his power. In 2015, he was granted the tile of “Founder
of Peace and National Unity, Leader of the Nation”, which gives him, inter alia, the right to
run for office an unlimited number of times and the authority to overrule the executive, and
exempts him from any possible prosecution for life. It is widely reported that centralization
and personification of State power contributed to the suppression of any dissent elements
and to serious restrictions on the enjoyment of fundamental human rights and civil liberties,
including freedom of expression, freedom of conscience, religion and belief, freedom of
association, freedom of peaceful assembly, the right to participate in public affairs, the right
to respect for private life, the right to personal security and integrity, the right to life and the
prohibition of torture and the right to a fair trial, mostly in the name of fighting extremism
and terrorism. Reportedly, Tajikistan suffers from nepotism and widespread corruption
(CCPR/C/TJK/CO/3, paras. 11–12).
9.
Following the banning of the Islamic Renaissance Party, its leaders and their lawyers
were sentenced to lengthy prison terms. Some 200 members have been arrested. Others are
under house arrest with their relatives, or have fled abroad where, in some cases, they have
been subject to extradition requests by the Tajik authorities and to transnational renditions
(see sect. V. C below). Families of those abroad face harassment. The policy of criminal
prosecution and imprisonment extends to other government critics, including social
activists, journalists, human rights defenders and lawyers. The Working Group on Arbitrary
Detention has found that the detention of 12 Islamic Renaissance Party members is
arbitrary and requested that they be immediately released (see A/HRC/WGAD/2018/2 and
A/HRC/WGAD/2019/66). That Working Group came to the same conclusion regarding the
detention of Buzurgmehr Yorov, a human rights lawyer who took on representation of
several Islamic Renaissance Party leaders and was detained shortly afterwards. He was
charged with fraud, forgery, arousing hostility and extremism and later with contempt of
court, insulting public officials and publicly insulting the President. He received a long
prison sentence following trials carried out in disregard for fair trial guarantees. The
Working Group on Arbitrary Detention found his detention arbitrary on several grounds
and recommended his release (see A/HRC/WGAD/2019/17). That case illustrates an
unacceptable practice of intimidating and, in extreme cases, criminally prosecuting lawyers
who defend individuals charged with the crimes of terrorism or extremism. In addition,
there is reportedly at least one example of a government critic who was found dead after
having disappeared for several weeks.
10.
Deaths in custody continue to be reported in Tajikistan. They include two recent
incidents attributed to prison riots during which Islamic Renaissance Party members, as
well as other inmates, were killed. The first occurred in Khujand in November 2018, where
reportedly more than 20 prisoners were killed. A criminal investigation was conducted, but
the trial was closed to the public. The second riot occurred in May 2019 in the maximum
security Kirpichniy Prison in Vahdat, which the Working Group on Enforced or
Involuntary Disappearances was able to visit. The Working Group was informed by the
authorities that, after rioting prisoners killed three guards and three other prisoners, law
enforcement officers responded with force, killing 27 inmates. The authorities have
reported that both riots were instigated by members of Islamic State in Iraq and the Levant.
Information available to date suggests that serious violations were committed in the
operation, including excessive use of force by the prison authorities. The Working Group
also notes significant contradictions in information provided by high-ranking officials on
how the operation was conducted. The Working Group was particularly disturbed by
comments from a senior official that the authorities did not want “wounded inmates” and
that the individuals “got what they deserved”. The Working Group also obtained
information indicating that vital pieces of evidence were reportedly unavailable. Those
elements point to possible intentional extrajudicial killings by the authorities. There is a
need for a thorough, effective, impartial and independent investigation to be conducted into
both incidents, in line with international standards, including the Minnesota Protocol on the
Investigation of Potentially Unlawful Death.
11.
The Working Group is aware that a number of citizens of Tajikistan travelled abroad
to fight with Islamic State in Iraq and the Levant. Several governmental interlocutors
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