Courts of Tajikistan must support the repressive policies of the authoritarian regime

Former judge of the Bobojon Gafurov district, Rustam Saidakhmadzoda, was sentenced to 5 years in 2023 for “illegal sentencing,” “abuse of power,” and “fraud.” The convicted judge stated in his closing speech at the trial that he ended up in the dock for “returning unfounded investigative cases and issuing acquittals in criminal cases initiated against innocent people.”

“Radio Ozodi” believes that courts in the Sughd region no longer issue acquittals. “Courts in the Sughd region in northern Tajikistan have not made such decisions since the detention of their colleague, known for being able to issue acquittals for defendants,” colleagues reported.

In 2023, hundreds of cases were reviewed in the Sughd regional court, and there was not a single instance where a person could be declared innocent by the court’s decision. All accused were sentenced to specific terms or fined.

Jurabek Sherzoda, deputy chairman of the Sughd regional court, stated at a press conference in February 2024 that all accusations “are confirmed” and therefore the courts issue corresponding decisions.

Until 2021, every acquittal by regional courts could be reported in the press. After the sentencing of judge Rustam Saidakhmadzoda, there was a decline in acquittals, and only in 2023 were there 10 acquittals in other jurisdictions of the country, which concerned cases of non-payment of alimony, fraud, intentional harm to health, beatings, and violation of housing inviolability.

According to the Constitution of the Republic of Tajikistan, the courts are the third branch of power alongside the executive (president) and legislative (parliament). In reality, all power is held by the executive branch, that is, the presidential authority, and all other branches of power have atrophied during Rahmon’s rule.

Judges in the Republic of Tajikistan are appointed by the president himself, although judges should be elected by the Judicial Collegium; judges should have no relation to the executive or legislative branches of power; judges should not express any political or other interests.

However, judges in the Republic of Tajikistan are not allowed to do their job: to work independently and issue objective decisions. It is worth reminding that the guarantees of judicial independence are enshrined in the Constitution of the Republic of Tajikistan. Judges are individuals endowed with constitutional powers to administer justice. Judges are independent by nature, they are subject only to the law (the letter of the law), and are accountable to no one else. Therefore, no executive authority, law enforcement agencies, or security services should influence the activities of judges and the judicial system as a whole.