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Elena Dorokhova,
The new law of the Attorney General
Fayzullo Nasrulloev
In Tajikistan, the unofficial objections of human rights defenders regarding the constitutional law of the Republic of Tajikistan “On Prosecution Authorities”, which was adopted in July this year by Tajik parliamentarians, began. Now, the country's prosecutor general and his deputies, in accordance with article 41 of the Law “On the Prosecution Authorities”, have the right to suspend the execution of court sentences and decisions that have not entered into legal force until the moment a citizen's complaint is considered.

Many human rights defenders and lawyers in Tajikistan believe that the authors of the law did not take into account the dynamics of the development of judicial and legal reforms at the present stage, according to which the powers of the prosecution authorities are limited, and the courts are expanded. For example, in neighboring Uzbekistan (author's note: August 8, 2005), the president signed a decree “On the transfer to the courts of the right to issue a detention sanction”. Now the right to issue a sanction, which was previously in the competence of the prosecution authorities, will be transferred to the courts.

“In Russia, recently (note by the author: November 5, 2005), changes were made to the Law“ On the Prosecutor’s Office ”, which obliges the Prosecutor General to personally report to the upper house of parliament on the state of law in the country. In addition, compared to the Prosecutor General of Tajikistan, the Russian Prosecutor General does not have any right to suspend the execution of court decisions, but can only protest the sentence, which has been sentenced to death, ”Tajik lawyers say.

One of the Khujand human rights defenders, on condition of anonymity, noted that “the above norm in the constitutional law of Tajikistan“ On prosecution bodies ”contradicts article 14 of the Constitution of the Republic of Tajikistan, which states that human and civil rights and freedoms are regulated and protected by the Constitution, laws of the republic, internationally legal acts recognized by Tajikistan. They are provided by the judiciary, not the executive. ”

For some judges, this right of the attorney general was astounded. “Any judicial decision must have a final point. For this we have a regional and supreme court. In this case, I do not see the need for this article (Article 41 of the Law of the Republic of Tajikistan “On Prosecution Authorities”), ”said Shorakhim Murodov, judge of the Dushanbe City Court.

However, the chairman of the Majlisi Namoyandagon Majlisi Oli of the Republic of Tajikistan on constitutional legality, legislation and human rights, Abdumannon Kholikov, has the opposite opinion: “Practice shows that today people trust the prosecutor’s office much more than the judiciary. And because of these circumstances, we gave the prosecutor general and his deputies the right to suspend the execution of a court decision until the consideration of a citizen's complaint. ” The deputy of the Tajik parliament also said that "these changes are based on the need to protect human rights and freedoms, especially since Article 5 of the Constitution of the Republic of Tajikistan states:" ... a person, his rights and freedoms are the highest value. " In the General Prosecutor’s Office of the country, they explained that the new law “On Prosecution Authorities” makes it possible to simplify the process of handling complaints from citizens. “Moreover, the Prosecutor General may suspend not only the implementation of decisions that have not entered into legal force, but also those sentences that must be executed immediately,” said Madibrokhim Olimov, head of the department for overseeing the legality of judicial decisions in civil and economic matters. As part of his work, we are talking about court sentences for collecting alimony, the salary of an employee, his restoration to his previous position, if he was unreasonably dismissed from his place of work or transferred to another.

Experts comment that Article 41 of the constitutional law of the Republic of Tajikistan “On the Prosecution Authorities” means almost nothing. The Chairman of the Legal Consortium of Tajikistan, Rakhmatillo Zoyirov, expressed surprise in the context of the law:

- “Do inventors who are engaged in creative work work in the Prosecutor General’s Office? For our legislation, such a right is an axiom that limits the operation of the law. A person without legal education will think that the right of the Prosecutor General to consider a citizen's complaint is a promotion. To some extent, this may be so, but from the point of view of content and provision of law, it is not. In reality, the Prosecutor General and his deputies cannot have this type of right, because sentences or court decisions that have not entered into legal force are not executed and there is no possibility of their execution. No prosecutor needs this right, ”Zoyirov stressed.
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22.03.2006, Russia, Moscow
On the website of Centraziya, I read that Fayzullo Nasrulloyev after this article ran out of the country, somewhere in the States. How true is this? Allegedly, the Attorney General got angry and the author was granted political asylum in Washington.
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