DUSHANBE, November 19, 2009, Asia-Plus -- Members of Tajikistan’s upper house (Majlisi Milli) of parliament have unanimously seconded a new national criminal procedure code.

The 22nd session of the Majlisi Milli of the third convocation, presided over by its speaker, Mahmadsaid Ubaidulloyev, was held on November 19.

Presenting the law on introduction of the new criminal Procedure Code, the Majlisi Milli member Mehmon Bakhti noted that the code that was currently in effect was outdated.  It was passed in 1961 already and amended in 2005.

The new national criminal procedure code was passed by the Majlisi Namoyandagon (Tajikistan’s lower chamber of parliament) on November 14 this year.  

“A group that included members of the government, parliament and law enforcement authorities worked on the bill, providing for increasing role of courts in protection of constitutional rights of citizens, for two years,” Bakhti said.  Appealing to members of the Majlisi Milli, he noted that international human rights conventions ratified by Tajikistan and the country’s constitution obliged us to adopt that law.

The new Criminal Procedure Code gives the courts broader powers.  Under the code, the courts are responsible for issuing arrest warrants, search warrants, authorizing the seizure of assets and bank accounts and wiretapping.  The prosecutor general currently performs these functions, which has been criticized by experts.  Experts say courts, rather than prosecutors, issue arrest warrants elsewhere in the modern world.  The new code is expected to come into effect on April 1, 2010.