Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section C. Extradition of own nationals
Tajikistan’s Constitution (1994), as amended to 2003, states: “No citizen of the Republic shall be extradited to a foreign state.”
Tajikistan’s Code on the Execution of Criminal Penalties (2001) states:
Article 6. Application of the Code on the Execution of Criminal Penalties of the Republic of Tajikistan with regard to persons sentenced by courts of a foreign State
Citizens of the Republic of Tajikistan … sentenced by courts of a foreign State may be extradited to the Republic of Tajikistan for execution and further serving of a sentence in accordance with the international legal acts recognized by the Republic of Tajikistan.
Article 7. Extradition of persons sentenced by courts of the Republic of Tajikistan
1. Citizens of the Republic of Tajikistan sentenced by courts of the Republic of Tajikistan shall not be subject to extradition under any conditions.
In 2010, in its second periodic report to the Committee against Torture, Tajikistan stated: “Tajik citizens sentenced by Tajik courts may under no circumstances be extradited to another country.”