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VILNIAUS UNIVERSITETAS ORIENTALISTIKOS CENTRAS
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The judicial system of Tajikistan and the situation of the opposition movement
“Group 24”: an assessment
Oct. 14th, 2015 Fabio Belafatti*
Abstract
This document provides an overview of the main features of the judicial system of the Republic of Tajikistan, with particular reference to its independence - or lack thereof – from the executive power and the issue of political usage of justice in the country. It then proceeds with an assessment of the situation of the opposition movement “Group 24” 1 , a recently established opposition group, allegedly targeted with political persecution. It concludes (in light of international experts and organizations views about the political, judiciary and human rights situation of the country) that the risk of human rights abuse against members of opposition groups is extremely high.
* Vilnius University, Centre of Oriental Studies (Coordinator of the Centre of Contemporary Central Asian Studies). For communication: email: [email protected] or mail at: Vilniaus universiteto Orientalistikos centras | Universiteto g. 5, LT-01513 Vilnius
1 Also known as “Group of 24”
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The judicial system in Tajikistan
Political framework
In the opinion of many prominent analysts of Central Asian politics, since
achieving independence in 1991 Tajikistan’s political system has been
characterized by a high degree of region-based factionalism (which escalated
into a ferocious civil war between 992 and 1997) coupled with strong
authoritarian tendencies from the president of the country, Emomalii Rahmon
(Эмомалӣ Раҳмон),2 leader of the faction that emerged victorious from the civil
war. 3 The political dynamics of Tajikistan have at times been described as
approaching the conditions of a failed state, 4 with a tendency to significant
degrees of “warlordism” and military confrontation between the current
leadership and the forces of the opposition,5 defeated during the 1992-1997
war.
The American political scientist Jesse Driscoll of the University of California
explains in his recent and acclaimed book how warlordism was instrumental in
how the regime of President Rahmon was constituted following the civil war:6
“A local puppet president served as a placeholder for opaque coalition
politics. Many warlords became violence subcontractors for the regime.
Some did not. Complicated bargaining followed. Back-room deals were
struck. A great deal of property changed hands. Peace emerged as local
criminals developed techniques to hold civilians hostage and re-write
local history to their advantage. In other words, the warlords became
the state.”
2 United States Department of State, Tajikistan 2013 Human Rights Report, 2013, available from: http://www.state.gov/documents/organization/220618.pdf
3 See for a general assessment: K. Collins, Clan Politics and Regime Transition in Central Asia, Cambridge University Press, Cambridge, 2006; J. Heathershaw and E. Herzig, ed., The Transformation of Tajikistan: the Sources of Statehood, Routledge, London/New York, 2013.
4 International Crisis Group, Tajikistan: on the road to failure, Asia Report 162, Feb. 12th, 2009, available from: http://www.crisisgroup.org/~/media/Files/asia/central-asia/tajikistan/162_tajikistan___on_the_road_to_failure.pdf
5 International Crisis Group, Tajikistan: the changing insurgent threats, Asia Report 205, May 24th, 2011, available from: http://www.crisisgroup.org/~/media/Files/asia/central-asia/tajikistan/205%20Tajikistan%20-%20The%20Changing%20Insurgent%20Threats.pdf
6 J. Driscoll, Warlords and Coalition Politics in Post-Soviet States, Cambridge University Press, New York, 2015, p.2
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In parallel with the consolidation of a political system now widely considered as
non-democratic, in which elections are routinely assessed by international
organizations such as the OSCE as being neither free nor fair, 7 Tajikistan
witnessed the establishment of judicial practices that have been often described
as falling significantly below international standards in terms of fair trial,
protection against torture, independence of the judicial system from the
executive power, protection from arbitrary prosecution, and rule of law in a
broad sense.
Access to an independent judicial system and lawyers
The judicial system of Tajikistan has been described as severely deficient
in a number of reports from a broad range of sources. The 2008 “Rule of Law
Initiative” report, funded by the OSCE, the Swiss cooperation organization and
the Open Society Foundation, has assessed the country’s judicial system
according to 30 core factors, none of which was rated positively.8 Of these, 13
were rated “neutral”, while 17 as “negative”. It is relevant to note, for the
purpose of this assessment, that those rated negatively also include the judicial
jurisdiction of civil liberties, about which the report’s authors commented that:
“An array of civil and human rights violations, including the right to a
fair trial and effective counsel, have been catalogued in numerous
reports by international and local NGOs; however, thus far the judiciary
has been reluctant to provide effective remedies to victims of these
violations.”
Corruption is allegedly widespread in the country’s judicial system: Transparency
International points out that the judicial system is “subject to widespread
7 For official assessments, see the OSCE database of electoral observation missions to Tajikistan at http://www.osce.org/odihr/elections/tajikistan; See for a summary: F. Belafatti, Elections in Tajikistan: an unexpected path to a predictable outcome, Centre for Geopolitical Studies, Nov. 8th, 2013, available from: http://www.geopolitika.lt/?artc=6338, and F. Belafatti, Missed opportunities: elections in Tajikistan, regional stability and lack of alternatives in Central Asia, Centre for Geopolitical Studies, Nov. 18th, 2013, available from http://www.geopolitika.lt/?artc=6354; for reference to the latest political developments, see J. Heathershaw, US looks away as tyranny steals a march in Central Asia, FT beyondbrics, Sept. 29th, 2015, available from: http://blogs.ft.com/beyond-brics/2015/09/29/us-looks-away-as-tyranny-steals-a-march-in-central-asia/
8 American Bar Association, Judicial Reform Index for Tajikistan, Washington/Dushanbe, 2008, available from: http://www.americanbar.org/content/dam/aba/directories/roli/tajikistan/tajikistan_jri_12_2008_en.authcheckdam.pdf ; see p. 14 and following for detailed assessment of the factors.
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corruption”,9 which casts doubts on the possibility to secure fair and independent
trial in the country. Problems occur in most areas of the judicial system (In a
recent report, after summarizing severe shortcomings in guarantees and
implementation of commercial and financial laws, the European Bank for
Reconstruction and Development has ranked Tajikistan’s state of commercial
and financial laws in the second-worst position across the whole FSU after
Turkmenistan).10
Recent assessments from Freedom House, leading watchdog in monitoring the
democratic development of the region, have consistently ranked Tajikistan’s
democratic progress and judicial system in very negative terms. Freedom House
employs a 1-7 rating scale in which 1 indicates the highest level of democratic
progress and 7 indicates the lowest. The 2015 assessment of Tajikistan, which
takes into account political developments in the country between Jan 1st and
Dec. 31st, 2014, assigns Tajikistan’s judicial framework a 6.5 score,11 fully within
the “consolidated authoritarian” side of the spectrum, and very close to the far
end of the rating scale, in line with the regional average of 6.65.12 Tajikistan’s
judicial framework gets the third-worst score across the 29 countries of the
post-Communist world.13 As a term of comparison, Lithuania’s judicial system is
rated with 1.75, 14 indicating a much more consolidated independence and
freedom of the judicial system.
9 Transparency International, U4 Expert Answer, Overview of corruption and anti-corruption in Tajikistan, available from: http://www.transparency.org/files/content/corruptionqas/356_Overview_of_Corruption_in_Tajikistan.pdf
10 EBRD, Commercial Laws of Tajikistan – April 2012 – An Assessment by the EBRD, Office of the General Counsel; “The judiciary is politically dependent and the possibility of winning a case against the government is barely non-existent”, p. 5
11 Freedom House, Nations in Transit 2015 report, Tajikistan, available from: https://freedomhouse.org/report/nations-transit/2015/tajikistan
12 Calculated using the score of Kazakhstan (6.5), Tajikistan (6.5), Uzbekistan (7), Turkmenistan (7) and Kyrgyzstan (6.25) (Freedom House, Nations in Transit 2015 reports, Kyrgyzstan, available from: https://freedomhouse.org/report/nations-transit/2015/kyrgyzstan, Turkmenistan, available from: https://freedomhouse.org/report/nations-transit/2015/turkmenistan, Uzbekistan, available from: https://freedomhouse.org/report/nations-transit/2015/uzbekistan, Kazakhstan, available from: https://freedomhouse.org/report/nations-transit/2015/kazakhstan, Tajikistan, available from: https://freedomhouse.org/report/nations-transit/2015/tajikistan). For safety reasons, the experts and scholars who compile of most of Freedom House’s reports about Central Asian countries are kept anonymous.
13 Freedom House, Sylvana Habdank-Kołaczkowska, Nations in Transit 2015: Democracy on the Defensive in Europe and Eurasia, 2015, available from: https://freedomhouse.org/sites/default/files/FH_NIT2015_06.06.15_FINAL.pdf
14 Freedom House, Mindaugas Jurkynas, Nations in Transit 2015 report, Lithuania, available from: https://freedomhouse.org/report/nations-transit/2015/lithuania
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According to Freedom House researchers, which have been ranking Tajikistan
among the “consolidated authoritarian regimes” since 2009, 15 the “Judicial
Framework and Independence” factor has steadily worsened over time from a
score of 5.75 in 2006 to the current one of 6.5. No sign of improvement has
been registered in the rankings, and a further step towards the lowest end of the
spectrum was registered in 2014, reflected in the 2015 assessment, largely as a
result of the situation of Group 24.
Lawyers who attempted in the past to represent real or perceived members of
opposition have been particularly targeted, through smear campaigns, politically
motivated criminal charges, arrests and, at least in one case, a prison sentence
following an unfair trial. Reprisals against independent lawyers made it near
impossible for opposition members facing criminal charges to secure
independent legal counsel.16
The situation of “Group 24” Human rights situation and risks for opposition groups
Appeals to reform of the judicial system date back to the early 2000s,17
but they do not seem to have brought about significant change. Concerns for
human rights violations have been raised over the last few weeks – among
others, by the United Nations’ Human Rights Office - as a result of the banning
of the country’s only opposition party.18 Human Rights Watch recently listed a
considerable number of issues with human rights violations in Tajikistan,19 with
the following comment about the use of torture in the country’s justice system:
15 See Freedom House reports by year at: https://freedomhouse.org/report/nations-transit/2009/tajikistan
16 See in this regard: Human Rights Watch, Tajikistan: Human Rights Lawyer Detained, Oct. 7th, 2015, available from: https://www.hrw.org/news/2015/10/07/tajikistan-human-rights-lawyer-detained ; see also the United States Government’s Statement on Political Opposition in Tajikistan (available from the Embassy’s website at: http://dushanbe.usembassy.gov/sp_10092015.html), which echoes similar statements from the EU and urges “the Tajik government to fully implement its OSCE commitments and international obligations on freedom of expression, association, and assembly enshrined in the International Covenant on Civil and Political Rights, including the expression of opposing political views”.
17 See for example OSCE, Tajikistan urged to bring justice system into line with international norms, Apr. 23, 2002, available from: http://www.osce.org/tajikistan/54300
18 United Nations, UN human rights office voices concern after Tajikistan bans Islamic political party, Oct. 2nd, 2015, available from: http://www.un.org/apps/news/story.asp?NewsID=52122#.VhZgOPl_NBc
19 Human Rights Watch, World Report 2014: Tajikistan – events of 2013, available from: https://www.hrw.org/world-report/2014/country-chapters/tajikistan
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“Torture is often used to coerce confessions and the right to counsel is
routinely denied in pre-trial custody. In January, UN Special
Rapporteur on Torture Juan Mendez stated in his report on his May
2012 visit to Tajikistan that with regard to torture, “numerous loopholes
and inconsistencies” persist in criminal procedure and law enforcement
practices. In July 2013, the Coalition against Torture, a group of Tajik
NGOs, reported that despite some reforms, claims of torture by
detainees have increased since the beginning of 2012.”
The United States Department of State’s assessment of the human rights
situation in Tajikistan agrees with the above-mentioned report, listing a long
series of cases of arbitrary or unlawful deprivation of life, politically-motivated
disappearances, torture and other cruel, inhuman or degrading treatment or
punishment, arbitrary arrest or detention, and shortcomings in trial procedures -
in many cases involving opposition leaders or movements – as well as significant
human rights issues in the country’s prisons.20
Within this context, the situation of the opposition movement “Group 24” can be
described as critical.
Repression against “Group 24”
Group 24 is a small opposition movement - operating mostly in exile -
that focuses on criticism of alleged corruption, nepotism, thievery behaviours
and clienteles in the administration of president Rahmon.21 The movement was
outlawed by the government. Its impact on the Tajik political sphere is difficult
to assess due to lack of free and independent opinion polls, but it is estimated to
be minimal given the country’s passive political atmosphere (An appeal by Group
24 to hold a demonstration in Dushanbe in Oct. 2014 did not result in any
mobilization).22 Despite all this, the government seems to have embarked upon
20 United States Department of State, op. cit.
21 See for example current “Group 24” leader Sharofiddin Gadoev’s talk at https://www.youtube.com/watch?v=ccKJuquAoJ8
22 See for example N. Hambaraeva, Tajik Protest Plan Squashed Before it Starts, Oct. 9th, 2014, IWPR, available from: https://iwpr.net/global-voices/tajik-protest-plan-squashed-it-starts , and Mark Vinson, Fears of a Tajik Maidan — A Net Assessment of the Ukraine Crisis’ Impact on the Domestic Situation in Tajikistan Since the Start of 2014, Oct. 17th, 2014, The Jamestown Foundation, available from: http://www.jamestown.org/single/?tx_ttnews%5Btt_news%5D=42968&no_cache=1#.VhZtsvl_NBd
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a full-scale operation of dismantlement of the group, which has left many
observers shocked for its violence, rapidity and effectiveness. 23 Group 24
members have been arrested, harassed, attacked and, in at least one known
case, murdered:
- The founder and former leader of Group 24, Umarali Quvatov, fled
Tajikistan in 2012, was arrested in Dubai, released in 2013, and moved to
Bishkek in 2013-2014. Fearing persecution from the Tajik authorities, he
fled to Istanbul, where he and his family were poisoned in March 2015.
While his family survived, Quvatov was shot and murdered after falling ill
from poisoning, in what was the first successful assassination of a
member of the Tajik opposition.24 In Jan. 2015, Freedom House had
expressed concerns about Quvatov’s security.25
- The new leader of the group, Sharofiddin Gadoev, currently lives in
exile in Spain, where he fled (after a period of exile in Russia) fearing the
threat of violence against his family (the Tajik police had detained his
parents, sister and brother-in-law in Oct. 2013).
- Group 24 member Maksud Ibragimov founded the “Youth for the
Revival of Tajikistan” movement in Oct. 2014. The government reacted by
making the movement illegal. Upon request from Tajikistan, he was
temporarily detained in Russia (where he lives), but released when the
Russian authorities learned that he holds Russian citizenship. Later, in
Nov. 2014, he was attacked and stabbed six times by unknown assailants
in Moscow. Maksud survived but later his family reported that his
Russian citizenship had been revoked; he was abducted in Moscow in
23 This section is compiled based on information collected and reviewed by a team of researchers who monitors the development of the situation of Tajikistan’s political opposition. The team includes Dr. John Heathershaw, David Lewis and Edward Lemon of Exeter University, and Prof. Alexander Cooley of Barnard College, who is also director of the Harriman Institute at Columbia University. Information sources used by the team include, among others, TojNews, a Tajik opposition website confirmed to be reliable based on past experience and/or when corroborated by other sources. See for example TojNews, Опубликованы имена заключенных членов ОО Молодежь Таджикистана за возрождение, Jan. 27th, 2015, available from: http://tojnews.org/ru/news/opublikovany-imena-zaklyuchennyh-chlenov-oo-molodezh-tadzhikistana-za-vozrozhdenie
24 See Radio Free Europe/Radio Liberty’s Tajik service, Three Arrested As Tajik Opposition Tycoon Buried In Istanbul, Mar. 9th, 2015, available from: http://www.rferl.org/content/slain-tajik-opposition-tycoon-to-be-buried-in-istanbul/26889471.html and IWPR, Tajik Dissident's Murder Rattles Opposition - Warnings that opposition leaders are also at “grave risk” of attack, Mar. 16th, 2015, available from: https://iwpr.net/global-voices/tajik-dissidents-murder-rattles-opposition
25 Freedom House, Tajikistan Opposition Leader Kuvvatov Facing New Dangers, Jan. 21st, 2015, available from: https://freedomhouse.org/article/tajikistan-opposition-leader-kuvvatov-facing-new-dangers#.VbC-oflVhBd
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Jan. 2015 and re-appeared in detention in Tajikistan, where he was
charged with “extremism” and sentenced to 17 years in prison.26
- Shabnam Khudoydodova had been living in Moscow but learned of
plans to abduct her and fled to Belarus, where she was arrested on
request of Tajikistan in summer 2015.27 EU countries are asking Belarus
not to extradite Ms. Khudoydodova.28 The Tajik authorities have also
questioned her family members.
- Sobir Valiev, deputy leader of Group 24, sought refuge in Moldova
where he was arrested in Aug. 2015 upon request of Tajikistan. Moldovan
authorities have released him in Sept. 2015, but are still considering
extradition.29
- Sulaimon Davlatov, a long-time resident of St Petersburg, was
travelling through Finland to Lithuania when the Finnish authorities
seized him on 20 February 2015 on the basis of Interpol arrest warrant.
He was released on 23 March 2015, as Tajik authorities failed to provide
documents to support their extradition request.30
- Group 24 member Umedjon Solihov is currently in jail following his
arrest in Dec. 2014, when he returned to Tajikistan after threats had been
made against his family. He was sentenced to 17.5 years in prison in
March 2015 for insulting the president and a mix of “extremist activity”-
related charges.31
26 Ferghana News, Таджикский суд уточнил приговор оппозиционеру Максуду Ибрагимову: 17 лет заключения, July 23rd, 2015, available from: http://www.fergananews.com/news/23671; E. Lemon, Tajikistan Extradites Opposition Leader, Arrests Sympathizers, Feb. 4th, 2015, Eurasianet, available from: http://www.eurasianet.org/node/71916. Another source mentions 13 years instead: Eurasianet, Tajikistan Jails Another Critic for 13 Years, Jul. 16th, 2015, available from: http://www.eurasianet.org/node/74251
27 BelSat TV, Opposition activist from Tajikistan seeking political asylum in Belarus, Jul. 9th, 2015, available from: http://stara.belsat.eu/en/articles/opposition-activist-tajikistan-seeking-political-asylum-belarus/ 28 Radio Ozodi, Беларусь просят не выдавать Шабнам Таджикистану, Oct. 14th, 2015, available from: http://rus.ozodi.org/content/article/27109365.html
29 Radio Ozodi, Собир Валиев вышел на свободу, Sept. 9th, 2015, available from: http://rus.ozodi.org/content/sobir-valiev-free-from-detention-moldova-/27235386.html
30 Radio Ozodi, Задержанный член Группы-24 освобожден в Финляндии, Mar. 24th, 2015, available from: http://rus.ozodi.org/content/article/26916803.html ; see also for comments on the issue: E. Lemon, Tajikistan Exploiting Interpol to Pursue Critics Abroad, Mar. 5th, 2015, Eurasianet, available from: http://www.eurasianet.org/node/72396,
31 M. Abdulloeva, Член «Группы 24» Умеджон Салихов приговорен к 17,5 годам колонии, Mar. 4th, 2015, News.tj, available from: http://news.tj/ru/news/chlen-gruppy-24-umedzhon-salikhov-prigovoren-k-175-godam-kolonii
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- Two more group members, Sherzod Komilov and Nematullo
Kurbonov, share a similar situation, having also returned to Tajikistan
following threats to their families (Kurbonov returned in Oct. 2014, while
the date of Komilov’s return is unknown). Arrested by the Tajik
authorities, their status and whereabouts are currently unknown.32
- Four more members of Group 24 have been arrested in Russia upon
request of Tajikistan: Abdurahim Vosiyev was arrested in Nov. 2014;
one month later, Rosiya Abdurahmonova was in turn arrested in
Novosibirsk. Later, in Apr. 2015, Russian authorities detained Loic
Firuz. All three are known to be still detained in Russia at the moment.
Another member of the group, Karim Obidov, was also arrested in
Russia, but the date of his arrest and his current situation and
whereabouts are not known to human rights organizations.
Conclusions and recommendations
According to John Heathershaw, associate professor at Exeter University
and one of the leading foreign experts on Tajik politics, the country is led by a
“corrupt and barely competent regime”, “the rule of law is entirely absent”, and
Rahmon’s administration is in full slide towards tyranny.33 Multiple observers and
human rights organizations agree with such assessment, having repeatedly
accused the Tajik authority of using fabricated allegations to persecute political
opponents. Strong criticism has been made about Tajikistan’s habit of
instrumentally using Interpol and other countries’ judicial systems to target
opposition leaders living abroad, 34 particularly those from Group 24.
International observers warn that opposition members risk torture,
mistreatment, and unfair trial if extradited to Tajikistan. 35 Regardless of the
32 TojNews, Россия: таджикскому активисту Мехрубону Сатторову грозит экстрадиция, Aug. 2nd, 2015, available from: http://www.tajinfo.org/molodejzavozrojdenie/post/635741488298630962
33 J. Heathershaw, US looks away as tyranny steals a march in Central Asia, FT beyondbrics, Sept. 29th, 2015, available form http://blogs.ft.com/beyond-brics/2015/09/29/us-looks-away-as-tyranny-steals-a-march-in-central-asia/
34 Ibid.
35 See for example: Amnesty International, TAJIKISTAN: OPPOSITION PARTY LEADERS ARRESTED, RISK TORTURE, Sept. 17th, 2015, available from: https://www.amnesty.org/en/documents/eur60/2465/2015/en/, TAJIKISTAN: OPPOSITION MEMBER ILL-TREATED IN DETENTION, Nov. 28th, 2013, available from: https://www.amnesty.org/en/documents/eur60/009/2013/en/, Tajikistani dissenters at grave risk after an
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validity - or lack thereof - of the charges brought by the Tajik authorities against
political opposition members, the scenario of severe lack of independent
judiciary, absence of fair trial guarantees and human rights protection in prison,
disappearances, mistreatment, torture detailed by international experts leads to
the conclusion that an extradition to Tajikistan carries a very significant risk of
human rights abuse, and that protection is badly needed. Moreover, as a
significant number of arrests, persecutions and assaults against members of
Group 24 were carried out in the territory of, or by the authorities of the Russian
Federation, it is also clear that the latter country or any other country where
security services cooperate with the Tajik authorities in the abduction, unlawful
transfer, imprisonment or torture of individuals cannot be considered safe either.
opposition leader shot dead in Turkey, Mar. 6th, 2015, available from: https://www.amnesty.org/en/latest/news/2015/03/tajikistan-opposition-leader-shot-dead-in-turkey/, and TAJIKISTAN: OPPOSITION MEMBERS’ LAWYER AT RISK OF TORTURE: BUZURGMEKHR YOROV, Sept. 30th, 2015, available from: https://www.amnesty.org/en/documents/eur60/2567/2015/en/; also see E. Lemon, Tajikistan Exploiting Interpol to Pursue Critics Abroad, op. cit.; Human Rights Watch, Moldova: Activist Faces Extradition to Tajikistan - Forced Return Could Lead to Torture, Ill-Treatment, Aug. 17th, 2015, available from: https://www.hrw.org/news/2015/08/17/moldova-activist-faces-extradition-tajikistan, and Tajikistan: Free Independent Journalist - Bogus charges, unfair trial another blow to freedom of expression, Sept. 1st, 2015, available from: https://www.hrw.org/news/2015/09/01/tajikistan-free-independent-journalist; further information at: Asia-Plus, Tajikistan reportedly turns to Interpol over IRP leader, Sept. 18th, 2015, available from: http://www.asiaplus.tj/en/news/tajikistan-reportedly-turns-interpol-over-irp-leader.
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Human Rights Watch, Tajikistan: Human Rights Lawyer Detained, Oct. 7th, 2015, available from: https://www.hrw.org/news/2015/10/07/tajikistan-human-rights-lawyer-detained
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Human Rights Watch, World Report 2014: Tajikistan – events of 2013, available from: https://www.hrw.org/world-report/2014/country-chapters/tajikistan
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