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PENITENTIARY CODE OF TURKMENISTAN

of March 25, 2011 No. 164-IV

(as amended on 08-05-2022)

General part

Section I. Basic provisions

Chapter 1. General provisions

Article 1. Criminal and executive legislation of Turkmenistan

1. The criminal and executive legislation of Turkmenistan is based on the Constitution of Turkmenistan and consists of of this Code and other regulatory legal acts adopted on its basis establishing general provisions and the principles of execution of the punishment regulating procedure and conditions of execution and serving of criminal penalty and application of other measures of criminal law action on convicts.

2. Application of the criminal and executive legislation of Turkmenistan is based on the universally recognized norms and the principles of international law relating to execution of criminal penalties and the treatment of convicts, including on strict observance of guarantees of protection against tortures, violence and another cruel or degrading human dignity of the treatment of convicts.

3. If the international treaty of Turkmenistan establishes other rules than provided by this Code, then rules of the international treaty are applied.

Article 2. Purposes and tasks of the criminal and executive legislation of Turkmenistan

1. The purposes of the criminal and executive legislation of Turkmenistan are correction of convicts and the prevention of making of new crimes as condemned, and other persons.

2. Tasks of the criminal and executive legislation of Turkmenistan are regulation of procedure and conditions of execution and serving of criminal penalty, determination of means of goal achievement of punishment in the course of its execution, protection of the rights, freedoms and legitimate interests of convicts, and also rendering the help in social adaptation to them.

Article 3. Principles of the criminal and executive legislation of Turkmenistan

1. The criminal and executive legislation of Turkmenistan is based on the principles of legality, humanity, democratism, equality of convicts before the law, differentiation and individualization of execution of the punishment and application of other measures of criminal law action, rational application of enforcement measures, cures of convicts and stimulation of their law-abiding behavior, connection of punishment with corrective impact.

2. Person serving criminal penalty has the right to humane treatment and respect of the advantage inherent in the human person.

3. Discrimination of the convicts serving criminal penalty on the basis of nationality, race, floor, origin, property and official capacity, the residence, language, the relation to religion, political convictions, party accessory or lack of belonging to any batch is not allowed.

Article 4. Operation of the criminal and executive legislation of Turkmenistan in space and time

1. The criminal and executive legislation of Turkmenistan is applied in all territory of Turkmenistan.

2. Execution of criminal penalty, and also realization of cures of convicts and assistance to the exempted persons are performed according to the legislation of Turkmenistan existing during their application.

3. The law establishing responsibility or strengthening punishment for violation of detention regime, and also otherwise worsening situation of convicts has no retroactive force.

Article 5. Bases of execution of criminal penalty and application of measures of criminal law action

The bases of execution of criminal penalty and application of measures of criminal law action are the conviction of court which took legal effect (further - sentence) or the determination or the court order, and also the act of amnesty or pardon changing or canceling it.

Article 6. Correction of convicts and its fixed assets

1. Correction of convicts is forming at them law-abiding behavior, respect for the person, society, work, public morals, regulations, rules and traditions of human community.

2. Fixed assets of correction of convicts are: established procedure of execution and serving sentence (mode), socially useful work, educational work, receipt of general secondary education, professional training, psychological and psychosocial support and public impact.

3. Cures of convicts are applied taking into account type of criminal penalty, nature and degree of public danger of the committed crime, age, the state of health, the personality and behavior of convicts.

Chapter 2. Legal provisions of convicts

Article 7. Bases of legal status of convicts

1. The state guarantees security of the rights, freedoms and legitimate interests of convicts, provides the conditions of serving of criminal penalty and application of other measures of criminal law action established by the law, respect for social justice.

2. In case of execution of criminal penalties by the convict the rights and freedoms of citizens of Turkmenistan with withdrawals and restrictions set for convicts by the legislation of Turkmenistan are guaranteed. Convicts cannot be exempted from execution of the civil obligations, except the cases established by the law.

3. The primary punishment imposed by it term condemned for crime execution before departure or before release from punishment according to the legislation of Turkmenistan departure out of limits of Turkmenistan except as specified, provided by international agreements of Turkmenistan temporarily can be limited.

The temporary restriction of departure out of limits of Turkmenistan can be applied to the convicts serving the additional punishments imposed in the form of assignment of obligation of accommodation in certain area and restrictions of freedom.

4. The legal status of the foreign citizens and stateless persons serving criminal penalty in Turkmenistan is determined by the legislation of Turkmenistan and international treaties of Turkmenistan.

5. The rights and obligations of convicts, and also withdrawals from these rights and obligations and their restriction are determined proceeding from procedure and conditions of execution of specific type of criminal penalty.

Article 8. Basic rights of convicts

1. Convicts have right to be informed about the rights and obligations, about procedure and conditions of serving of type of the criminal penalty imposed by court. On arrival in correctional facility the administration shall provide to each convict the written information concerning rules of the treatment of convicts, requirements of this organization, and also procedure for submission of claims. In some cases convicts can be informed on it orally. Convicts get acquainted with changes of procedure and conditions of serving of criminal penalty beforehand under list.

2. Convicts have the right to the polite appeal from personnel sent on strengthening in them of self-respect and consciousness of the responsibility. They shall not be exposed to tortures, cruel, brutal or to degrading treatment. Enforcement measures can be applied to convicts precisely based on the law.

3. Convicts, irrespective of their consent, cannot be subjected to medical and other experiences which threaten their life and health.

4. Convicts have the right to address with offers, statements and claims administration of the body knowing execution of punishments in its higher bodies and other executive bodies, court, bodies of prosecutor's office, to the Ombudsman, public associations, and also in the international organizations for protection of human rights and freedoms if all available interstate legal remedies are exhausted.

5. Convicts have the right to offer explanations and to correspond, and also to address with the offers specified in part four of this Article, statements and claims in the native language or any other language which they know, in necessary cases in accordance with the established procedure to use translation service.

6. Convicts have the right to health protection, including receipt of medical care: primary medical and sanitary and specialized, in out-patient or stationary conditions, depending on the medical certificate. In case of need, and also upon the demand of the convict who is in places of detention the possibility of passing of independent medical examination by him is provided.

7. Convicts have the right to psychological assistance given by the staff-psychologists of correctional facilities and other persons having the right to rendering such help. Participation of convicts in the actions connected with rendering psychological assistance is performed only from their consent.

8. Convicts have the right to pensions and public welfare payments according to the legislation of Turkmenistan.

9. For receipt of qualified legal aid convicts have the right to use services of the lawyers or other persons having the right to rendering such help.

10. Convicts - foreign citizens have the right to keep in contact with diplomatic representations and consular establishments of the states, and citizens of the countries which do not have diplomatic and consular establishments in Turkmenistan and also stateless persons - with diplomatic representations of the state which undertook protection of their interests or with any national or international body which is engaged in their protection.

11. To the convicts serving sentence in places of detention it is immediately reported about death or heavy disease of any of their close relatives.

12. Convicts persons with disability with steady physical, mental, intellectual or touch violations have the same rights, as well as other categories of convicts.

13. The procedure for realization of the rights of convicts is established by this Code, and also other regulatory legal acts of Turkmenistan.

14. Realization of the rights of convicts shall not break internal rules and procedures, and also infringe at the rights, freedoms and legitimate interests of other persons.

Article 9. Right of convicts to personal security

1. Convicts have the right to personal security.

2. In case of threat of personal security of the convict to custodial sanction from other convicts or other persons he has the right to file petition to any official of correctional facility in the place of serving sentence with request for ensuring personal security. In this case the official shall take immediate measures to ensuring personal security of the addressed convict.

3. The head of the correctional institution according to the statement of the convict or on own initiative makes the decision on transfer of the convict to the safe place, other measures eliminating danger of crime execution concerning the convict.

Article 10. Ensuring freedom of religions and religion of convicts

1. Freedom of religions and religion are guaranteed to convicts. Convicts have the right to practise any religion or not to profess any, to freely choose and have religious or atheistic beliefs and to be effective according to them.

2. When making religious practices and rituals in correctional facilities internal rules and procedures, and also the rights of other convicts shall not be broken.

3. To persons serving sentence in colonies settlements at their request it can be granted permission for visit of the institutions dedicated to religion located within the settlement where the colony settlement is located.

4. To persons serving custodial sanction at their request attendants of the religious organizations registered according to the procedure, established by the legislation of Turkmenistan are invited. In correctional facilities making of religious practices is allowed to convicts, to have and use cult objects and religious literature. For this purpose the administration of correctional facility allocates the respective room.

5. To the convicts containing in punishment cells, solitary confinements of corrective colonies of special regime, and also penal and disciplinary insulators and rooms of chamber type, priests are allowed with condition of ensuring their personal security.

Article 11. Addresses of convicts and procedure for their consideration

1. Convicts can direct offers, applications and claims, including on the questions connected with violation of their rights and legitimate interests.

2. Offers, statements and claims of convicts can be oral and written. They are considered by administration of the body knowing execution of punishments, without delay.

3. Offers, statements and claims of convicts to custodial sanction, contents in military and corrective part go to the addressee administration of the bodies knowing execution of punishments. The punishments condemned to other types direct offers, applications and claims independently.

4. Offers, statements and claims of convicts concerning decisions and actions of administration of the bodies knowing execution of punishments do not stop execution of these decisions and actions. In case of obvious justification of offers, statements and claims of convicts the official considering this address within the powers stops execution of the appealed decision or action or addresses with the offer on suspension of its execution the official having such powers.

5. Bodies and officials which directs offers, applications and claims of convicts shall consider them in the terms established by the law and bring the made decisions to the attention of convicts.

Article 12. Fundamental obligations of convicts

1. Convicts shall fulfill the duties established by the legislation of Turkmenistan, and also observe accepted in the society of standard of behavior.

2. Convicts shall observe requirements of the laws of Turkmenistan determining procedure and conditions of serving of criminal penalty, and also other regulatory legal acts of Turkmenistan accepted according to them.

3. Convicts shall fulfill legal requirements of administration of the bodies knowing execution of punishments.

4. Convicts shall treat politely personnel, the other persons visiting organizations and also other convicts.

5. Convicts shall be on challenge of administration of the bodies knowing execution of punishments and to offer explanations concerning execution of requirements of sentence. In case of absence without valid excuse the convict can be subjected to the forced drive.

6. Non-execution by convicts of the obligations assigned to them, and also failure to carry out of legal requirements of administration of the bodies knowing execution of punishments attracts the responsibility established by the law.

Chapter 3. Organa, knowing execution of punishments, and control of their activities

Article 13. Organa, knowing execution of punishments

1. Mulctary punishment, assignment of obligation to smooth down damage suffered and confiscations of property it is performed by legal executives of the court which pronounced sentence, and also vessels in the location of property, at the place of residence and on place of employment of the convict.

2. Punishment in the form of assignment of obligation to smooth down damage suffered it is performed, respectively, by correctional facility or military and corrective part in cases when it is appointed by court as additional to custodial sanction or contents in military and corrective part.

3. Punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities is performed by law-enforcement body at the place of residence or in the place of serving sentence by the convict. The requirement of sentence about deprivation of the right to hold certain positions or to be engaged in certain activities is performed by administration on place of employment of the convict, and also bodies, competent according to the law to cancel permission to occupation the corresponding types of activity.

4. Punishment in the form of corrective works and restriction of freedom is performed by law-enforcement body in the territory of accommodation of the convict.

5. Punishment in the form of assignment of obligation of accommodation in certain area is performed by law-enforcement bodies in the territory determined by the legislation of Turkmenistan.

6. Custodial sanction is performed by correctional facility.

In correctional facilities the Regulations of correctional facilities approved by the Minister of Internal Affairs of Turkmenistan in coordination with the Attorney-General of Turkmenistan are effective (further - Regulations).

7. Punishment in the form of deprivation of military or other rank is performed by body or the official which according to the legislation of Turkmenistan perform powers on assignment of these military or other ranks.

Deprivation of the state awards, and also the military and other ranks given by the President of Turkmenistan is made by the President of Turkmenistan according to the procedure, established by the legislation of Turkmenistan.

8. Punishment concerning the military personnel is performed: content in military and corrective part - the military units which are specially intended for this purpose; restriction on military service - command of military unit in the place of service by the serviceman.

9. Control of behavior conditionally condemned during the probation period and convicts expectant mothers and women having children aged up to eight years concerning which serving sentence is delayed is performed by law-enforcement bodies at the place of residence of convicts, and concerning the military personnel - command of military units and organizations.

10. For the purpose of control over convicts in term of imprisonment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, restrictions of freedom, corrective works, assignment of obligation of accommodation in certain area, and also conditionally condemned which establishes probation period by both the convicts expectant mothers and women having children aged up to eight years concerning which serving sentence is delayed the bodies knowing execution of punishments means of communication (phone, etc.), including technologies of electronic surveillance (video surveillance, electronic bracelets, wireless technologies, etc.) can be used.

11. Technologies of electronic surveillance can be applied to the convicts serving sentence in colonies settlements and also to having the right to movement beyond the protected limits of correctional facility without convoy or maintenance.

Article 14. The notification on the place of serving sentence and other circumstances connected with convicts

1. About arrival of the serving of criminal penalty condemned to the place or in case of its transfer from one place of serving sentence in another the administration of the body knowing execution of punishments shall no later than three days from the date of arrival of the convict notify the court which pronounced sentence and also one of close relatives or other person at the discretion of the convict.

2. In cases of death, heavy disease or mutilation of the serving of criminal penalty condemned in the place, or in case of its transfer in organization for mentally sick the administration of correctional facility shall notify immediately the court which pronounced sentence and also one of close relatives or other person specified to earlier convicts.

3. In case of approach of the circumstances specified in parts one and the second this Article concerning the convict citizen of foreign state or the stateless person, the body knowing execution of punishments shall report about it in accordance with the established procedure in the Ministry of Foreign Affairs of Turkmenistan.

Article 15. Application to convicts of measures of medical nature

1. Enforcement powers of medical nature are by a court decision applied to the persons condemned to imprisonment, suffering from alcoholism, drug addiction or toxicomania and also the mental disturbance which is not excluding sanity, the correctional facilities performing the called punishment. In case of the placement of person serving custodial sanction to medical institution, time of stay in it it is set off serving sentence in time.

2. If in term of imprisonment, called in part one of this Article, it is determined that the convict suffers from alcoholism, drug addiction or toxicomanias, and also the mental disturbance which is not excluding sanity, the correctional facility together with the supervisory committee in case of hyakimlika on strengthening of control of respecting the rule of law in work of bodies of execution of criminal penalty and to carrying out work with the persons serving sentence and exempted from punishment, consisting under supervision takes to court in the location of correctional facility idea of application to such person of enforcement powers of medical nature.

3. Concerning persons condemned to the punishment specified in part one of this Article, HIV-positive patients, and also patients with open form of tuberculosis or not completed full course of treatment of venereal disease of the correctional facilities performing the corresponding punishments according to the decision of medical commission obligatory treatment is applied.

4. If the face sore with the diseases listed in parts one or third this Article is condemned to the punishment which is not connected with imprisonment, treatment is applied in accordance with general practice according to the legislation of Turkmenistan.

Article 16. Control of executive bodies

1. Executive bodies exercise control of activities of the bodies located in their territory knowing execution of punishments. The procedure of control is determined by the legislation of Turkmenistan.

2. In correction of convicts, and also in implementation of public control over activities of the bodies knowing execution of punishments and other measures of criminal law action the supervisory committees in case of hyakimlika on strengthening of control of respecting the rule of law participate in work of bodies of execution of criminal penalty and to carrying out work with the persons serving sentence and exempted from punishment, consisting under supervision (further - the supervisory committee), and concerning minor convicts - also the commissions on cases of minors in case of hyakimlika of the etrap or city with the etrap rights (further - the commissions on cases of minors). The procedure for activities of the supervisory committees and commissions on cases of minors is determined by the legislation of Turkmenistan.

Article 17. Judicial control

1. The court which pronounced sentence shall control execution of sentence. The sentence addresses execution no later than three days from the date of its introduction in legal force by the court which considered case on the first instance. The court order about execution of sentence goes together with the copy of sentence or other judgment to the body knowing execution of punishments to which according to this Code the obligation of enforcement of the sentence is assigned. In case of change or cancellation of sentence the copy of determination or the resolution is attached to its copy.

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