Judicial System of Tajikistan: A Brief Overview Amid Resignations

In Tajikistan, judges are dismissed quietly, even when they are fired for crimes they have committed. But can we speak of trust in the judicial system in such cases, – a rhetorical question.

The President of Tajikistan, Emomali Rahmon, has dismissed 26 judges in the past nine years “in connection with actions that tarnish the honor and dignity of a judge.” What lies behind this wording? Although the presidential decrees do not mention the reasons, in his separate speeches, he has expressed concern and criticized them for corruption.

In particular, at a meeting with judicial workers in 2019, Emomali Rahmon stated that “corrupt actions not only diminish the authority and prestige of the judicial bodies but also undermine people’s trust in the state.” Last summer, the Chairman of the Supreme Court, Shermukhammad Shohiyon, regarding crimes committed by judges, said: “The situation is very alarming, and this is a failure of the Supreme Court leadership.” The unofficial information available to the media indicates that most of the “dismissed” judges were arrested and imprisoned for bribery.

How to maintain honor for 1500 somoni? [less than 200 USD]

Doctor of Law Shokirdzhon Hakimov believes that the reason for concealing the actions of judges is an attempt to maintain respect for them within the system of social relations. “If their actions are made public, it will generate rumors in society and undermine trust in the judicial system,” he explains. According to him, some judges pay bribes for their positions or use family connections, and to cover these expenses and improve their well-being, they themselves accept bribes. Hakimov emphasized that the imperfections and the prescribed double standards in Tajikistan’s legislation lead judges to commit crimes.

Former judge Vatan Abdurakhmonov also believes that the main reason for non-disclosure is the fear of causing irreparable harm to the judicial authority in the country, although he notes that “the press services of the courts are obliged to publicly report on the actions of judges so that society knows why a particular judge was dismissed.” At the same time, Abdurakhmonov stated that the main reason judges accept bribes is low salaries. “To prevent cases of bribery among judges, it is necessary to amend the law ‘On Courts’ and increase judges’ salaries,” he is convinced.

According to statistics, there are more than 400 judges working in Tajikistan, who are appointed and dismissed by the president. The average salaries for judges in the country range from 1500 to 1800 somoni (approximately 139–167 dollars). Pensions range from 700 to 800 somoni (70-74 dollars). According to available information, in the past three years, 14 judges have been dismissed “in connection with actions that tarnish the honor and dignity of a judge.”

The decrees do not mention the reasons for the dismissals, and the Supreme Court rarely comments on these cases; however, the Anti-Corruption Agency reveals the names of some judges, while others are found by journalists. “Asia-Plus” has gathered several known facts over these three years.

The decree on the dismissal of Azizjon Sharifzoda, a judge of the city court of Guliston, for actions that dishonor the honor and dignity of a judge, was signed after he was arrested on suspicion of bribery by the Anti-Corruption Agency. Radio Ozodi reported his arrest “while receiving a thousand dollars” on December 8, 2021, and the presidential decree was issued a week later, on December 15. Sharifzoda worked in Guliston for a year; prior to that, he served as a judge in the Bobojon Gafurov district court.

Also in 2021, a day before the publication of the decree on the dismissal of former judge of the Economic Court of Khatlon Region Nosirkhon Safarzoda, it became known that he was suspected of corruption. At that time, “Asia-Plus,” citing its source in the Anti-Corruption Agency, reported that he had taken a bribe of 5,000 somoni. Safarzoda worked for more than 10 years in the court of the city of Penjikent, and from 2017 until his arrest, he was a judge of the Economic Court of Khatlon. The outcome of the case is unknown.

On May 30, 2022, the president simultaneously dismissed three judges – Khomidjon Muhammadzoda, chairman of the court of the city of Khujand, Rustam Saidakhmadzoda, a judge of the Bobojon Gafurov district court, and Rahmiddin Rahimzoda, a judge of the Sino district court, for “actions that dishonor the honor and dignity of a judge.” All were suspected of receiving bribes.

Khomidjon Muhammadzoda was sentenced to 2 years in prison for receiving a bribe, but later the punishment was changed to a settlement colony. For the same crime and several other charges, Rustam Saidakhmadzoda was sentenced to 6.5 years, and Rahmiddin Rahimzoda to 5 years in prison. Nasrullo Sadriddinzoda, the former chairman of the Jabbor Rasulov district court, was arrested for a bribe of 23 thousand dollars (some sources indicated 3 thousand) and was later dismissed by presidential decree for “an act that dishonors the honor of a judge.” Earlier this year, he was sentenced to 5 years. This was also not his first position as a judge; prior to this district, he worked as the deputy chairman of the Spitamen district court. In the first 5 months of this year, three judges were dismissed for discrediting professional honor and dignity.

By presidential decree on January 30, two judges were removed from their positions – the chairman of the Panj district court Bakhtiyor Abdurakhmonzoda and the judge of the city court of Levakant Firdavs Majidzoda. There is no information about the act that led to the resignation of the latter; regarding Abdurakhmonzoda, two weeks before his dismissal, the Anti-Corruption Agency reported that “he illegally received 128,800 somoni in 7 cases to mitigate the punishment of one of the defendants.” The latest report on the dismissal of a judge for actions that tarnish honor and dignity was published last week. Emomali Rahmon dismissed the judge of the Kulyab city court Khanifa Alimzoda. Radio Ozodi reported, citing its source, that she is suspected of receiving a bribe.