Monitoring: Simplified administrative practices for the stay of refugees

Monitoring[1]: Simplified administrative practices for the stay of refugees

It should be noted that the monitoring of the implementation progress of the National Action Plan to implement the recommendations of the UN Committee against Torture for 2019-2022 in the interval of 2019-2020 was prepared by the Executive Office of the President of the Republic of Tajikistan and the Civil Society Coalition against Torture and Impunity in Tajikistan. Its objective is to guide the efforts to implement legislation and law enforcement practices and freedom from torture, based on international standards of the right to freedom from torture.

According to the monitoring report, regarding the implementation of paragraph 11 of the plan, the Ministry of Interior reported that during 2019 and 2020, the divisions of the ministry in conducting inspections among asylum seekers or refugees did not identify any cases of administrative responsibility under paragraph 3 of Article 499 of the Code of Administrative Offences for violation of the rules of stay in the Republic of Tajikistan.

- In 2020, drafts of the Law of the Republic of Tajikistan "On Amendments and Additions to the Code of Administrative Offences" and the Law of the Republic of Tajikistan "On Amendments and Additions to the Procedural Code of Administrative Offences of the Republic of Tajikistan" was finalized to simplify and facilitate administrative practices concerning the stay of foreign citizens, especially refugees and tourists, relying on appeals of the Founder of Peace and National Unity, Leader of the Nation, President of the Republic of Tajikistan to Majlisi Oli of the Republic of Tajikistan and signed on July 4, 2020, under No.1699, No. 1700.  Articles 497 and 499 of the Code of Administrative Offences have been amended to make it easier to impose sanctions on foreign nationals, including adding the word "warning" to the sanction under article 497, paragraph 1, and the sanction under article 499, paragraphs 1 and 3, and deleting the words "expulsion from the Republic of Tajikistan". Also, articles 93 and 98 of the Code of Administrative Offences were amended to assign the court's powers to the Ministry of Internal Affairs. Regular analysis and review of the legality of deportations of foreign nationals are kept under constant review by the General Prosecutor’s Office of Tajikistan. It is subjected to regular checks and analysis based on work plans, and appropriate measures are taken based on the results, as indicated in the report.

Analysis of offences by foreign citizens and stateless persons showed that the units of authorized bodies instituted administrative proceedings against 57 persons during this period, 5 of which were expulsed from the country.

The Supreme Court reports that to study the judicial practice of considering administrative cases against refugees and asylum seekers and uniform application of the law, in 2020, the courts of the republic considered 61 (2019- 295) administrative cases for violation of rules of stay of foreign citizens and stateless persons in Tajikistan, as well as their transit through the territory of the Republic of Tajikistan, of which 3 cases were considered in the exit court sessions. In the cases reviewed, one particular ruling was issued, sent to the appropriate authorities for action to be taken.

Monitoring the implementation of “National Plan for the implementation of the recommendations of the UN Committee against Torture for 2019-2022” in the interval of 2019-2020 has been prepared jointly by the Executive Office of the President of the Republic of Tajikistan and the Civil Society Coalition Against Torture and Impunity in Tajikistan.

How can the situation be improved? The only recommendation is - DO NOT KEEP SILENT!

Victims and their relatives - not to tolerate violence and inhuman treatment, make such cases public to protect their dignity.

Journalists and human rights defenders (CS) - provide professional assistance to victims, talk about problems.

The state – impose a total ban on torture and the obligation to monitor and punish the perpetrators.

The material was prepared with the support of OSIAF HRI, the Sigrid Rausing Foundation and the Helsinki Foundation for Human Rights.

The opinions expressed herein can in no way be taken to reflect the views of OSIAF HRI, the Sigrid Rausing Trust and the Helsinki Foundation for Human Rights.

Join us on social media to keep up with our news and stocks!

Facebook: https://www.facebook.com/notorture.tj

Twitter: https://twitter.com/NoTorturetj

Soundcloud: https://soundcloud.com/notorture-tj

Youtube: https://www.youtube.com/channel/UCWfjfabt9tacFgj-rcJZqtw

Odnoklassniki: https://ok.ru/group/54476259131498

Telegram: http://t.me/notorturetj

Instagram: notorture.tj

 Remember to use the following hashtags:

#МанTарафдориAзБайнБурданиШиканҷаҲастам! 

#ЯзаИскоренениеПыток! 

#IamForTheEliminationofTorture!