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Ministry of Justice

Republic of Tajikistan 

 On July 10, 2015 No. 556

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of July 2, 2015 No. 425

About the Concept of rendering free legal aid in the Republic of Tajikistan

According to the Presidential decree of the Republic of Tajikistan of January 5, 2015 "About the Program of judicial and legal reform in the Republic of Tajikistan for 2015-2017" the Government of the Republic of Tajikistan decides No. 327:

1. Approve the Concept of rendering free legal aid in the Republic of Tajikistan it (is applied).

2. To the Ministry of Justice of the Republic of Tajikistan:

- determine together with the donor organizations the pilot cities, areas, settlements and villages by implementation of this Concept;

- sign agreements on step-by-step implementation of this Concept with the donor organizations;

- develop and perform necessary actions for implementation of this Concept.

3. To local executive bodies of the government of the cities and areas, self-government institutions of settlements also sat down to promote implementation of this Concept.

4. To the Ministry of Justice of the Republic of Tajikistan annually to provide information to the Government of the Republic of Tajikistan about execution of this Concept.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of July 2, 2015 No. 425

The concept of rendering free legal aid in the Republic of Tajikistan

1. Prerequisites of adoption of the Concept of rendering free legal aid in the Republic of Tajikistan

1. According to article 1 of the Constitution of the Republic of Tajikistan "Tajikistan, being the social state, creates the conditions providing worthy life and free development of each person". By article 19 of the Constitution it is determined that "Judicial protection is guaranteed to everyone. Person has the right to use from the moment of detention services of the lawyer". It is provided in article 92 of the Constitution that "Legal aid is guaranteed at all stages of the investigation and court. The organization and procedure for activities of legal profession and other forms of rendering legal aid are determined by the law".

2. Along with guarantee of the judicial protection established by the Constitution of the Republic of Tajikistan, Tajikistan assumed number of the international obligations on human rights which oblige him to provide legal aid to citizens at all stages of criminal procedure. In article 14 of the International Covenant on Civil and Political Rights the following guarantees are established (the yuridichyosky help:

"In case of determination of criminal charges in the relation of person, this person has full authority for the following minimum guarantees:

receive sufficient time and opportunities for preparation of the protection and on communication with the lawyer at the choice;

be present at court personally and protect itself personally or through the lawyer at its sole option; be informed on the rights if it has no lawyer;

receive the assigned solicitor in case that is required by interests of justice, it is free for it if he is not able to afford to pay services of the lawyer".

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