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) )
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 | 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.