Practice Relating to Rule 159. Amnesty
In 1998, the Tajik Parliament, in honour of the 7th anniversary of Tajikistan’s independence and the anniversary of the signing of the 1997 General Agreement on the Establishment of Peace and National Accord in Tajikistan, adopted the General Amnesty Law which provides for the release from prison of convicted persons, such as, inter alia
, “participants and veterans of the Great Patriotic War and persons equated with them, participants and veterans of armed conflicts on the territory of other States”. The Law also provides for the stopping of criminal investigations against such persons. However, referring to a number of provisions of Tajikistan’s Criminal Code, it excludes from the granting of amnesty persons who have committed crimes such as pillage and violations against the civilian population in the area of armed clashes. Nor does it extend to acts such as murder, kidnapping, rape, terrorism, robbery and other similar crimes.
In 1999, the Tajik Parliament adopted a Resolution on Amnesty for Opposition Fighters, initiated by the President of Tajikistan, based on a resolution of the Commission on National Reconciliation, and on the request of the United Tajik Opposition (UTO). This resolution expressly aims at “facilitating the process of peace building and national reconciliation in Tajikistan” and is “guided by the principle of humanity”. It provides for the release of members of the armed forces of the UTO in accordance with a list approved by the Commission on National Reconciliation, as well as for the stopping of criminal investigations against such persons, and applies to acts committed before adoption of the resolution.