In Tajikistan's law enforcement practice, secrecy is often applied to high-profile cases. Trials in such cases take place behind closed doors, which raises questions about the transparency and openness of justice in the country.
“Asia-Plus” decided to find out in which situations the case can be closed, why this status is often used in Tajikistan and whether it is always justified.
Recently, the Prosecutor General's Office of Tajikistan has classified the case of former chairman of the Democratic Party and member of Parliament Saidjafar Usmonzoda as “secret”.
Later, on August 9, at a press conference, Prosecutor General of the Republic of Tajikistan Yusuf Rahmon confirmed the initiation of criminal proceedings against former Foreign Minister of the Republic of Tajikistan Hamrokhon Zarifi, politician Akbarsho Iskandarov, journalist Ahmadshoh Komilzod and deputy chairman of the Social Democratic Party of Tajikistan Shokirjon Khakimov. He noted that these individuals were “in close contact” with Saidjafar Usmonzoda, who was arrested in June on charges of attempting to forcibly seize power.
According to Rahmon, the criminal case against all these persons is under investigation. The Prosecutor General refused to disclose more detailed information, citing the secrecy of the case.
Another recent example of “secrecy” is the case of the murder of the Deputy Head of “Orienbank”, Shukhrat Ismatulloev, in June 2023. The trial in this high-profile case took place behind closed doors and ended in June this year.
In February of this year, the Chairman of the Supreme Court of Tajikistan, Shermukhammad Shohiyon, told reporters that the case of Ismatulloev's murder does not contain state or other secrets. Nevertheless, almost a month after the transfer of the case to the court, the Supreme Court did not release information about the beginning of the trial. According to “Asia-Plus”, the case was still classified as “secret”, so information about the presiding judge and the start date of the trial was not disclosed.
According to the legislation, the time limit for the start of consideration of a criminal case at a court hearing after transfer to the court is from 14 to 30 days.
However, the Prosecutor General's Office, referring to the transfer of the criminal case to the court and part 4 of Article 250 of the Criminal Procedure Code (CPC) of the Republic of Tajikistan (after sending the case to the court, all petitions and complaints in the case are sent directly to the court), refrained from providing details of the case.
As a result, 5 people were sentenced to life imprisonment in this case, the rest of the defendants received prison terms from one year to 27 years. In total, there were 14 people in the dock, including former law enforcement officer Dilshod Saidmurodov, whom the investigation called the head of a criminal group.
It is also worth noting that criminal cases against journalists in Tajikistan are also held behind closed doors and classified as “secret”, although this is not always justified by law.
What does the legislation say?
According to article 19 of the CPC of Tajikistan, trials must be open. However, article 273 of this Code describes cases when court sessions may be closed.
The first and most obvious situation is cases that may lead to the disclosure of legally protected state and other secrets. These may be cases related to State security, espionage, terrorism or other crimes that threaten national security.
Closed trials are also allowed in cases of crimes committed by persons under the age of 16. This is done to protect minors from unnecessary stress and to preserve the confidentiality of their personal lives.
In cases of crimes against freedom, sexual integrity and other crimes where information about the intimate aspects of the life of the participants in the process may be disclosed, the court may decide on a closed session. It is also related to protecting the dignity of victims and witnesses.
When the interests of the safety of the participants in the process, witnesses, their family members or close relatives require this, the court may also hold a closed meeting to prevent possible threats or violence against them.
In order to protect the secrecy of correspondence and telegraphic messages, such materials may be disclosed only with the consent of the persons between whom they occurred. Otherwise, they are examined in a closed session. This rule also applies to personal audio and video recordings.
Features of closed trials
In closed court proceedings, all rules of procedure remain in force. A decision to hold a closed meeting may be made in respect of the entire proceedings or its individual parts.
Those present at an open court hearing have the right to make written and tape recordings, however, photography, filming and video recording are allowed only with the permission of the presiding judge in the case and with the consent of the parties. Persons under the age of 16, unless they are accused, victims or witnesses in the case, are not allowed in the courtroom.
The verdict of the court is always announced publicly, but in cases of closed proceedings, according to a reasoned court ruling, only the introductory and operative part of the verdict can be announced.
“In each specific case, there should be a reasoned court ruling on the consideration of the case in a closed court session. However, unfortunately, there are cases of violations of the law when such definitions are not appealed. This may lead to undesirable exaggerations on the part of the court considering the case,” - said Vatan Abdurakhmanov, a former judge of the Supreme Court of Tajikistan, in an interview with “Asia Plus”.
He also added that the defendant has the right to appeal against such decisions. In each case, a determination should be made indicating the motives. The legislation regulates these norms quite clearly.
According to Abdurakhmanov, if a representative of the authorities refuses to provide justification, this may indicate a violation and abuse of authority.
“I have not studied the practice in this direction, but I believe that the process should be open, as this contributes to the growth of public confidence in the judicial system,” - the lawyer concluded.
Why are there so many secret cases?
Meanwhile, another lawyer, who wished to remain anonymous, in an interview with “Asia-Plus”, noted that the consideration of court cases in closed mode is provided for by the legislation of the country. However, recently there has been an abuse of this rule of law, which is gradually becoming a tradition.
According to the expert, cases that do not require such a high level of secrecy are often taken to closed meetings under the pretext of state secrets and security. This can have a negative impact on public perception.
“Unfortunately, despite the clear regulations in the legislation, the right to a closed trial is sometimes abused. This leads to a decrease in public confidence in justice and calls into question equality before the law,” - he said.
One of the reasons why the authorities may restrict access to the case, the expert calls the possibility of information in it indicating corruption in government structures or the involvement of high-ranking officials in certain violations.
“If all investigative measures are carried out in accordance with the norms established by law, the need for closed meetings should be minimal, except in cases provided for by law,” - the source stressed.
The last time the Tajik authorities announced statistics on criminal cases classified as “secret” was in 2018. At a press conference following the results of 2017, the Prosecutor General of Tajikistan Yusuf Rahmon announced that 10 criminal cases had been classified as “secret”. After that, such information was no longer voiced.
Other lawyers, who also wished to remain anonymous, noted that sometimes the accused or victims themselves want the trial to take place behind closed doors, and have the right to do so. According to them, in such cases, the process takes place behind closed doors without the participation of relatives and media representatives.
In some cases, judges are afraid that mistakes and shortcomings made during the investigation may come to the surface. Therefore, they are reinsured and hold meetings behind closed doors, although officially there is no secrecy on these cases, lawyers say.
There are also cases where torture is used against defendants, which becomes one of the reasons why cases are held in closed mode. The authorities seek to conceal the facts of ill-treatment and human rights violations, fearing a negative reaction from the public and international organizations.
Thus, closed court sessions are often used as a way to hide flaws and abuses in the law enforcement system and authorities, which undermines confidence in the judicial system as a whole and hinders the achievement of justice, the experts in Tajikistan believe.
Руcский