Law on amnesty to the participants of the political and military confrontation in the republic of Tajikistan

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Country/entity: Tajikistan
Region: Europe and Eurasia
Agreement name: Law on amnesty to the participants of the political and military confrontation in the republic of Tajikistan
Date: 1 Jul 1997
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Tajikistani Civil War (1992 - 1997)
Ethnic marginalization formed a key feature in the Tajikistani Civil war when liberal democrat and Islamic groups from the Garm and Gorno-Badakhshan took up arms against the government of President Rahmon Nabiyev. Members of Nabiyev’s government were predominantly from the regions of Leninabad and Kulyab. Anti-government protestors took to the street following the 1991 presidential elections, which caused the government to hand out arms to pro-government militias. Following clashes, anti-government factions captured the President and forced him to resign at gun-point. A new government under the Kulyabi native, Emomali Rahmonov, who fended off democratic and Islamist militias. Eventually, with support from Islamist factions in Afghanistan, the opposition united under the United Tajik Opposition umbrella. In 1994, the UN deployed a peacekeeping force to monitor the 1994 ceasefire agreement. A peace agreement was signed in 1997 and completely removed the Leninabad ‘old guard’ from power.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: Tajikistan peace process
Parties: Govt of Tajikstan, United Tajik Opposition
Third parties: -
Description: Full amnesty for all participants of political and military confrontation from 1992.

Agreement document: TJ_970701_Law on amnesty.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 1,
With a view of implementing the General Agreement on Establishing Peace and National Accord with Article 7 of its Charter, the Commission on National Reconciliation decided:
1. To annul the convictions of those sentenced to imprisonment, regardless of their duration, and the conviction of those sentenced to other punishment who took part in the political and military confrontation from 1992 up to the time of adoption of the present Amnesty Act.
2. To discontinue all criminal cases proceeding and investigations and cases not considered by courts, with regards to persons affected by Paragraph 1 of the current Act.
3. Criminal charges will not be brought against persons who committed crimes against the State who committed crimes against the State during the political and military confrontations
4. Persons accused of crimes envisaged by Article s63, 74, 76, 96, 104, 105, 121, 240, 240-1, 241 of the Penal Code of the Republic of Tajikistan are not released from punishment and criminal charges. With regard to persons who took part in the political and military confrontation from 1992 up to the time of adoption of the present Act and committed crimes envisaged by the above mentioned articles of the Penal Code, Article 4 of the present Act will be applied on the basis of the proposals of the parties and the decision of the Commission on National Reconciliation.
5. An amnesty erases previous conviction record.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Conciliation Resources Accord
http://www.c-r.org/accord-article/key-texts-accord-tajikistan

Law on amnesty to the participants of the political and military confrontation in the republic of Tajikistan

With the view of implementing the General Agreement on Establishing Peace and National Accord in Tajikistan and in accordance with

Article 7 of its Charter, the Commission on National Reconciliation decided:

1. To annul the convictions of those sentenced to imp1isonment, regardless of their duration, and the convictions of those sentenced to other punishment who took part in the political and military confrontation from 1992 up to the time of adoption of the present Amnesty Act.

2. To discontinue all criminal cases under proceeding and investigation and cases not considered by courts, with regard to persons affected by

Paragraph 1 of the current Act.

3. Criminal charges will not be brought against persons who committed crimes against the State during the political and military confrontation.

4. Persons accused of crimes envisaged by Articles 63, 74, 76, 96, 104, 105, 121,240, 240-1, 241 of the Penal Code of the Republic of Tajikistan are not released from punishment and criminal charges.

With regard to persons who took part in the political and military confrontation from 1992 up to the time of adoption of the present Act and committed climes envisaged by the above mentioned articles of the Penal Code, Article 4 of the present Act will be applied on the basis of the proposals of the parties and the decision of the Commission on National Reconciliation.

5. An amnesty erases previous conviction record.

6. The present Act shall enter into force on the day of its publication and affects all persons sentenced by the courts of the Republic of Tajikistan or against whom legal actions were taken by investigating bodies of the country and shall be implemented within the period of four months.