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Domestic violence in Tajikistan: what measures are needed to be taken in order to help victims?

In Tajikistan, it is necessary to criminalize domestic violence in order to more effectively deal with rapists, says Shokhsanam Shodieva, a member of the CABAR .asia School of Analytics.


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Фото: currenttime.tv
Photo: currenttime.tv

Summary of the article:

 In Tajikistan, as in other traditional societies, domestic violence is based on gender inequality and stereotypes about the role of women;

– Women are more likely to turn to the internal affairs bodies as victims of violence;

– There are no detailed statistics on the facts of domestic violence;

– Support centers that can rehabilitate victims of violence are not enough, which complicates the situation of victims;

– Alternative punishments do not have the desired effect;

– It is necessary to combat the impunity of abusers by criminalizing domestic violence as a separate crime.

According to various estimates of international organizations and State bodies, between 50% and 80% of women and children in Tajikistan are subjected to violence. [1] Note that violence manifests itself in different ways in traditional and modern societies. The sources of violence in traditional societies are more based on gender inequality and deep-rooted stereotypes about the roles of women and girls. The belief that a girl should run a perfect household and be prepared for it from an early age does not give girls incentives and opportunities to get an education, which limits their ability to choose their own destiny. This, of course, leads to other consequences, such as legal illiteracy and financial dependence, which each time becomes a prerequisite for the arbitrary violation of their rights by other family members.

The report of the public foundation Notabene “He left a mark on my life “states that, in Tajikistan, domestic violence is mainly directed at women. A number of terms are used internationally to refer to domestic violence against women, such as domestic violence, gender-based violence and intimate partner violence.”[2]

According to statistics, girls in Tajikistan, in comparison with the male part of the population, receive significantly less secondary incomplete education, secondary full education, which in turn makes it almost impossible for them to enter universities.

The number of suicides among girls and women is also growing. According to official data of the Agency for Statistics under the President of Tajikistan in 2018, women committed 58 suicides, and in 2019 this number rose to 67.

There is reason to believe that the actual suicide rate may be higher, since such facts are often hidden in society due to the fact that Islam does not approve the practice of suicide.

How domestic violence is prevented in Tajikistan?

According to the legislation of Tajikistan, a victim of domestic violence is a victim, but domestic violence is not criminalized. In 2013, a special law “On prevention of domestic violence” was adopted. [3]

This law grants the rights of victims of violence and authorizes specific State bodies, such as the Ministry of Internal Affairs, local State authorities, state bodies for women and family affairs, to take various measures to prevent domestic violence. The law also states that the victim can apply to the bodies of public amateur activity in order to publicly condemn the behavior of the person who committed violence in the family [4].

According to the Law, the victim has the right to apply to the internal affairs bodies, the prosecutor’s office and the court to bring the perpetrators of violence to justice.

Since domestic violence is not recognized as a crime in Tajikistan, this forces use other procedures and protective measures. In the case of the victim’s first statement about domestic violence by the internal affairs bodies, a protective order is issued to the person who committed violence, which has a 15-day period (the period can be extended to 30 days due to important circumstances). The order may contain a ban on violence of any kind against the victim, the implementation of the abuser’s search, surveillance, visits and other relationships. There may also be a ban on the use of alcoholic beverages and intoxicating substances for the duration of the protective order.

In case of repeated violence, administrative detention for a period of 15 days is applied as a measure of responsibility. Administrative Code for violation of requirements of this law provides for a penalty of two to five indicators for calculations (120 TJS -9,02 USD 300 TJS – 26.53 USD).

The issuance of protective orders to citizens has increased in four years. Compared to 2019, 134 more protective orders were issued in the last nine months of 2020.

Why the protective regulations are not followed?

Statistics show that in 2020, the situation of victims of domestic violence worsened again, as in 9 months more cases of non-compliance with the rules of protective prescriptions by abusers were registered.

Out of 1985 people, 1,609 of them violated the protective regulations, despite the fact that there are no complete statistics for 2020 yet. Only 376 people followed the instructions. The remaining offenders were brought to administrative responsibility – fines ranging from 300 TJS to 600 TJS (from $ 26.53 to $ 53.5), or administrative arrests ranging from 5 to 15 days.

Despite the fact that domestic violence is not criminalized in Tajikistan, there are other types of crimes in the Criminal Code that can also be applied to abusers. Among them – murder (Article 104), incitement to suicide (Article 109), intentional infliction of serious, moderate and harm to health (Article 110, Article 111, Article 112), torture (Article 117), “sexual activity or acts of a sexual nature with a person who has not reached the age of majority (Article 141).

According to human rights defenders, criminal cases of domestic violence are often initiated under Article 112 “Intentional infliction of minor harm to health”, provided that this harm could cause a short-term health disorder or could cause minor permanent disability.

The penalties for this crime are mandatory work for a period of 80 to 160 hours or a fine of up to 300 indicators for calculations (approximately $ 1,591) or correctional labor for up to two years. A criminal case under this article is initiated on the basis of the victim’s statement, which means that the victim herself must prove the fact of violence.

Alternative punishments create a field for corruption. Given the low legal awareness and legal nihilism, as well as the high level of corruption in the country, the protection of the rights of the victim may be interrupted at the stage of issuing a protective order, without reaching the court.

The total number of complaints of citizens on domestic violence against men and women considered by the Ministry of Internal Affairs for 2017, 2018, 2019 and until September 2020. Statistics of initiated criminal cases on domestic violence.

Statistics show that women are more likely to turn to the internal affairs bodies as victims of violence. Unfortunately, it is impossible to get accurate statistics on which articles criminal cases were initiated, indicated in the statistics, and in relation to which family members. Therefore, it is difficult to analyze the dynamics of domestic violence and the effectiveness of the measures taken by the state.

On the one hand, there are more cases of domestic violence. But it can also be concluded that women have begun to use legal mechanisms more often to protect their interests.

In order to promote the implementation of the Law “On the Prevention of Domestic Violence”, the OSCE Office in Tajikistan assisted the Ministry of Internal Affairs in recruiting and training police officers specializing in the prevention of domestic violence. In 2010, special inspectors for the prevention of domestic violence were established in the city of Dushanbe, also in Khatlon and Sughd regions.

The work of the inspectors, most of whom are women, is currently funded by the Ministry of Internal Affairs. [5] There are currently 17 special inspectors for the prevention of domestic violence in the country.

The fact that the Ministry of Internal Affairs, which is the responsible body for the prevention of violence, mainly employs men and it can also become an obstacle for the implementation of the protection of the right. It is given that in Tajikistan, the victims of domestic violence are mostly women and children, therefore they may feel distrust in the fair and prompt consideration of their complaints.

Not all the recommendations of the United Nations were fulfilled.

The country has a special Committee Women and Family Affairs under the Government of the Republic of Tajikistan.

The Committee coordinates the communication of victims of domestic violence with other responsible subjects for the prevention of domestic violence. In the last 6 months of 2020, the Committee facilitated the reconciliation of 24 families in the country.

The Committee’s activities are to provide legal, psychological, and medical assistance and to refer victims of domestic violence to the internal affairs bodies for the protection and restoration of their rights. In its work, the Committee closely cooperates not only with state bodies, but also with international and public organizations and civil activists.

The Committee has a 24-hour hotline number- 1313. The hotline was supported by a UNDP project and Eurasia Foundation of Central Asia-Tajikistan.

Women who have experienced violence and family members who need support can call 1313 and contact a legal and gender expert, a domestic violence prevention and gender equality psychologist, or a lawyer, depending on the situation. The number is free for all Tajik mobile operators.

The Eurasia Foundation of Central Asia-Tajikistan (EFCA-Tajikistan), with the financial support of the European Union, is implementing the project “Improving the reporting system and the resolution of gender-based violence in Tajikistan” with the support of the Committee of Women and Family Affairs under the Government of the Republic of Tajikistan.

The project was launched in May 2017 and aims to combat gender-based violence and improve the reporting system in Tajikistan, in order to strengthen human rights and gender equality throughout the country.

The project is implemented in cooperation with the Committee of Women and Family Affairs under the Government of the Republic of Tajikistan, the Ministry of Internal Affairs of the Republic of Tajikistan, local self-government bodies and public organizations of Tajikistan.

The majority of the staff of the Committee of Women and Family Affairs are women. Every year, representatives of the Committee, organize meetings and trainings for women and girls in the bordered regions of Tajikistan, such as Rasht, Shugnon and Rushon.

The Committee also has a working group “Mashvarati Sayer”, which provides legal and psychological advice for women in cities and other districts of Tajikistan. The Committee, in cooperation with crisis centers such as Korvoni Umed and Khurshed, promotes the rehabilitation of victims of domestic violence by sending them to six-month rehabilitation, keeping them away from the abusers. During this time, victims of domestic violence, girls and women, are trained various crafts, receive psychological and medical assistance.

On September 22, 2017, the Committee’s Advisory Board approved a comprehensive strategy for changing behavior in relation to domestic violence for 2018-2022. The Prosecutor General’s Office conducted explanatory work in educational institutions and other institutions for the care of children. [6]

According to the country’s human rights defenders, the UN recommendation to coordinate the activities of support centers, centers or departments for the medical and social rehabilitation of victims is partially implemented. Another UN recommendation on monitoring the Law of the Republic of Tajikistan “On the Prevention of domestic Violence” and the development of a State program for the prevention of domestic Violence in Tajikistan, have not been implemented. The period of performance of this recommendation is expired in 2018.[7]

The recommendation to improve the skills of law enforcement and health care personnel in the prevention of domestic violence is partially implemented.[8]

The recommendation to criminalize domestic violence as a separate crime has not yet been implemented. But according to the statement of the Supreme Court of Tajikistan, the criminalization of domestic violence is provided for in the new draft of the Criminal Code. [9]

Conclusions and recommendations.

Informal sanctions imposed on public self-activity bodies are contrary to human rights standards. They violate the principle of confidentiality, which is laid down in the Law of the Republic of Tajikistan “On the prevention of domestic violence”.

When analyzing the legislation, a subjective opinion is formulated that legal norms tend to over-protect the family as a unit of society, which is characteristic of traditional society. Support centers that can rehabilitate victims of violence are not enough, which complicates the situation of victims.[10]

In this case, the victim is again close to the person who uses violence, which creates certain threats for her.

The Law “On the Prevention of Domestic Violence” in article 21 in the requirements of the protective order prescribes the words “The protective order may provide for the following requirements” and the Law sets out a list of requirements that the perpetrator of violence is obliged to comply with.

However, the word ” may ” leaves the adoption of such measures to the discretion of the authorized bodies, which often refuse them. The word “can” should be replaced with the word “must”. Thus, these requirements will be mandatory for all protective prescriptions, regardless of the form of violence.

Separate statistics should be created in order to investigate on initiated criminal cases.

It would be more effective to empower the State authorities to prevent domestic violence, to conduct awareness-raising activities for those who have not yet married, and to reduce measures to preserve the family where there is regular violence.

It is necessary to encourage, including through benefits, the employment of women in law enforcement agencies.

Legal norms tend to over-protect the family as a unit of society, which is typical of traditional society.

It is necessary to establish a staff of an employee for the prevention of domestic violence among women, in all precinct offices of the Ministry of Internal Affairs. This will increase the effectiveness of handling complaints from victims of violence.

It is necessary to promote the employment of victims of domestic violence. By implementing this recommendation in practice, it is possible to eliminate negative stereotypes that assert the material dependence of divorced women. It also helps to raise the status of those women in society who have divorced because of domestic violence.

Eliminate the impunity of abusers by criminalizing domestic violence as a separate crime. Add a separate article taking into account all forms of domestic violence. Criminalize domestic violence and place it in the category of private-public prosecution cases. Strengthen criminal liability for domestic violence crimes.


This article was prepared as part of the Giving Voice, Driving Change – from the Borderland to the Steppes Project implemented with financial support from the Norwegian Foreign Ministry. The opinions expressed in the article do not reflect the position of the editorial or donor.


[1] Домашнее насилие в Таджикистане. http://notabene.tj/Doc/Kaz/compl/RU-Domestic-violence-in-Taj-March-2017.pdf

[2] Домашнее насилие в Таджикистане. http://notabene.tj/Doc/Kaz/compl/RU-Domestic-violence-in-Taj-March-2017.pdf

[3] Закон «О предупреждении насилия в семье». https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/94868/111490/F1123656258/TJK94868.pdf

[4] Закон «О предупреждении насилия в семье». https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/94868/111490/F1123656258/TJK94868.pdf

[5] Третий периодический доклад Республики Таджикистан о соблюдении положений Конвенции против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, 27 декабря 2016 г. https://mfa.tj/uploads/main/2013/03/report_last_sent.pdf

[6] Промежуточный анализ выполнения рекомендаций государства членов Совета ООН по правам человека в рамках второго периода универсального периодического обзора. (2016-2017). https://www.bhr.tj/tj/tajikistan-un/promezhutochnyy-analiz-vypolneniya-rekomendaciy-gosudarstv-chlenov-soveta-oon-po

[7] Промежуточный анализ выполнения рекомендаций государства членов Совета ООН по правам человека в рамках второго периода универсального периодического обзора. (2016-2017).

[8] Промежуточный анализ выполнения рекомендаций государства членов Совета ООН по правам человека в рамках второго периода универсального периодического обзора. (2016-2017).

[9] Ответ Председателя Верховного Суда РТ в круглом столе по промежуточному анализу выполнения рекомендаций государств-членов Совета ООН по правам человека в рамках второго периода УПО .

[10] Промежуточный анализ выполнения рекомендаций государства членов Совета ООН по правам человека в рамках второго периода универсального периодического обзора. (2016-2017).

 

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