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LAW OF THE REPUBLIC OF TAJIKISTAN

ON COMBATING TERRORISM

The present law establishes the legal and institutional groundwork for counter-terrorism efforts in the Republic of Tajikistan.

CHAPTER I. GENERAL PROVISIONS

Article 1. Aims of the present Law

Aims of the present Law are:

Article 2. Legal basis of the fight against terrorism

The legal basis of the fight against terrorism in the Republic of Tajikistan is formed by the Republic of Tajikistan Constitution, the Criminal Code of the Republic of Tajikistan, the present Law, other legal acts of the Republic of Tajikistan and international treaties to which the Republic of Tajikistan is a party.

Article 3. Definition of terrorism

Terrorism - is violence or the threat of violence against individuals, compulsion or threat of compulsion against legal entities, and also the destruction (damaging) of or threat to destroy (damage) property and other material objects of individuals and legal entities, which threaten to cause loss of life, significant damage to property, or other socially dangerous consequences and are implemented with a view to violating public security, intimidating the population, or influencing the adoption by state organs of decisions advantageous to terrorists, or satisfying their unlawful material and (or) other interests; attempts on the lives of statesmen or public figures perpetrated with a view to weakening the foundation of the constitutional order and security of the state or with a view to ending their state or other political activity or out of revenge for such activity; attempts on the life or infliction of a bodily harm to statesmen, public figures or representatives of authorities perpetrated because of their political or public activity, with a view to destabilizing the public order or influencing the adoption of decisions by organs of power or obstructing the political or public activity; attacks on representatives of foreign states or staffers of international organizations enjoying international protection, or members of family living together, and also on the offices, dwelling places or vehicles of persons enjoying international protection if these actions are committed with a view to provoking war or complicating international relations.

Article 4. Basic terms used in the present Law

The following terms are used in this Law:

Article 5. The Republic of Tajikistan 's international cooperation in the sphere of the fight against terrorism

In accordance with international treaties the Republic of Tajikistan cooperates in the sphere of the fight against terrorism with foreign states, their law enforcement agencies and special services, and also with international organizations engaged in the fight against terrorism.

CHAPTER II. AGENCIES ENGAGED IN COMBATING TERRORISM

Article 6. Agencies engaged in combating terrorism

The fight against terrorism is one of the priority objectives of the state, which carries out its functions in this sphere through legislative, executive and judicial organs of powers.

Agencies engaged in combating terrorism are divided into entities that directly implement the fight against terrorism and entities that participate in the fight against terrorism.

The Government of the Republic of Tajikistan carries out the general leadership of the fight against terrorism.

Article 7. Entities that directly implement the fight against terrorism

Entities that directly implement the fight against terrorism and ensure their own anti-terrorist security within the competencies laid down by the Constitution of the Republic of Tajikistan, the present Law, other laws and legal acts, are:

The list of the entities, which are directly involved in the fight against terrorism, can be amended or added only through relevant changes in the Law.

Article 8. Competencies of the entities directly engaged in the fight against terrorism

The Ministry of Security of the Republic of Tajikistan is the main entity that is directly involved in the fight against terrorism. It elaborates and submits in the established order the drafts of state programs and concepts of combating terrorism to the President of the Republic of Tajikistan; informs in the established order the Majlisi Oli of the Republic of Tajikistan, the President of the Republic of Tajikistan and the Government of the Republic of Tajikistan about the activities aimed at combating terrorism; coordinates the activities of entities engaged in the fight against terrorism; collects, analyzes and proceeds information about the state of and movements in terrorism, including information that is channeled to the centralized inter-institutional data bank on the problems of terrorism by the entities which are engaged in combating terrorism; elaborates proposals on improving the Tajik legislation in the established order in the sphere of the fight against terrorism. Moreover, the Ministry of Security of the Republic of Tajikistan carries out the fight against terrorism by preventing, uncovering, and stopping terrorist crimes, that pursue political, national, racial or religious-extremist aims; by preventing, uncovering, and stopping international terrorist activity; by ensuring security in the institutions of the Republic of Tajikistan overseas, staffers and members of families of these institutions; by ensuring security of the objects of state protection and ensuring safety to the state- protected persons.

The Ministry of Internal Affairs of the Republic of Tajikistan engages in the fight against terrorism by preventing, uncovering, and stopping terrorist crimes that pursue mercenary objectives.

The Ministry of Defense of the Republic of Tajikistan ensures the anti-terrorist security of the national airspace and when necessary, assists the organs of the state security in preparing and carrying out counter-terrorist operations.

The Ministry for Emergency Situations of the Republic of Tajikistan, together with the organs of the state security and other entities that are engaged in the fight against terrorism ensures the anti-terrorist security of the sites where the rescue operations and restoration of damages are held during the liquidation of the consequences of the emergency situations.

The Committee for the Protection of the State Borders under the Government of the Republic of Tajikistan carries out the fight against terrorism by: preventing, uncovering, and stopping the attempts of crossings the state borders of the Republic of Tajikistan by terrorists; stopping the illegal trafficking of arms, ammunition, explosives, poisonous and radioactive substances and other items which could be used for pursuing terrorist aims; providing assistance to the state security organs in the fight against the international terrorist activity; participating in the preparation and carrying out of the counterterrorism operations.

The Presidential Guard of the Republic of Tajikistan carries out the fight against terrorism by: participating in securing the anti-terrorist safety of the objects under the protection of the state and state-protected persons; participating in preparation and conduction of the counter-terrorism operations.

Article 9. Entities taking part in the fight against terrorism

Entities engaged in combating terrorism are the Ministry of Justice of the Republic of Tajikistan, the Ministry of Foreign Affairs of the Republic of Tajikistan, the Customs Committee under the Government of the Republic of Tajikistan and other organs of executive authorities, the list of which is set by the Government of the Republic of Tajikistan.

The participation in the fight against terrorism is organized in the following way:

The office of a Prosecutor and courts of the Republic of Tajikistan participate in the fight against terrorism under the conditions and in the order laid down by the Constitution of the Republic of Tajikistan, laws of the Republic of Tajikistan, and by the laws of criminal procedure and civil procedure of the Republic of Tajikistan.

CHAPTER III. TERRORIST AND COUNT-TERRORIST ACTIVITY

Article 10. Terrorist activity

Terrorist activity is activity that includes:

Article 11. International terrorist activity

In accordance with its international commitments the Republic of Tajikistan acknowledges the international terrorist activity to be such an activity, which is carried out:

Article 12. Counter-terrorism activity

Counter-terrorism activity – activity aimed at ensuring the security of individuals, society and the state from the terrorist activity.

Article 13. Principles of the counter-terrorism activity

Counter-terrorism activity in the Republic of Tajikistan is based on the following principles:

CHAPTER IV. THE FIGHT AGAINST TERRORISM

Article 14. Activities to uncover terrorist activities

To uncover terrorist activities in the order established by the law, organs of the Republic of Tajikistan, which implement the fight against terrorism, shall use all legal powers, means, forms and methods at their disposal.

State officials and citizens are obliged to promptly inform the organs of state security and (or) organs of internal affairs about any incident that features evidences of preparation or already implemented terrorist action.

The state guarantees the protection and security of persons, who provide assistance in combating terrorism. With the view to uncovering, preventing and suppressing the terrorist activity and in the order established by the Government of the Republic of Tajikistan, a special fund shall be established under the Ministry of Security of the Republic of Tajikistan. Remunerations shall be made from this fund for information provided to the entities engaged in counter-terrorism, which has led to the arrest or conviction of persons who participated in terrorist activities, or to the prevention or suppression of terrorist action.

The disclosure of information on persons who provided such assistance is possible only upon these people’ consent.

Article 15. Prevention of terrorist activity

With the view to preventing the terrorist activity the following acts shall be prohibited on the territory of the Republic of Tajikistan:

With the view to preventing the terrorist activity the following acts shall be allowed on the territory of the Republic of Tajikistan:

Prevention of terrorist activity also includes carrying out of other measures provided for in the legislation of the Republic of Tajikistan and international treaties, to which Tajikistan is a party.

Article 16. Suppression of terrorist activity

While suppressing terrorist activities or a separate terrorist act army servicemen, staffers and specialists of entities carrying out the fight against terrorism, in accordance with the legislation, shall be obliged to apply any measures, which are set out in the legislation of the Republic of Tajikistan.

Article 17. Investigation of terrorism crimes

Investigation and preliminary inquiry in criminal cases relating to terrorist crimes are carried out by entities, which engage in combating terrorism and investigators of these entities on terms and in order spelled out in the law of criminal procedure of the Republic of Tajikistan.

Article 18. Hearing of criminal cases linked to terrorist crimes

Criminal cases linked to terrorist crimes and also civil cases involving compensation for damage resulting from terrorist activity may, through a decision by a court, be considered in a closed judicial hearing.

CHAPTER V. CONDUCT OF COUNTERTERRORIST OPERATION

Article 19. Conduct of counter-terrorist operation

Counter-terrorist operations are conducted by entities, which are directly engaged in combating terrorism.

Especially prepared army servicemen, staffers and specialists of entities enlisted in the Article 7 of the present Law and in exceptional cases servicemen, forces and means of entities enlisted in part 1 of the Article 9 of the present Law are engaged in conduction of counter-terrorist operations.

Counter-terrorist operation is conducted by an operational headquarters, which is set up for direct control of operation. From the moment the operation begins all servicemen, staffers, and specialists enlisted for the conduct of the counter-terrorist operation are under the command of the head of the operational headquarters to control the counter-terrorist operation.

No other person is permitted to interfere in the operational leadership of the counter-terrorist operation.

Article 20. Counter-terrorist operation zone and its legal regime

The head of the operational headquarters to control the counter-terrorist operation determines the borders of the counter-terrorist operation zone depending on the scale and extent of the social danger and the anticipated negative consequences of the terrorist action.

Within the counter-terrorist operation zone the persons conducting the operation have the right to:

Article 21. Other restrictions during the conduction of a counter-terrorist operation

In the counter-terrorist operation zone the head of the operational headquarters has the right to restrict the access of mass media representatives with the view to securing their personal safety, as well as restrict the activity thereof aimed at informing the public about the conduct of the counter-terrorist operation by refusing to provide information that:

CHAPTER VI. REIMBURSEMENT OF DAMAGE CAUSED AS A RESULT OF TERRORIST ACTION. SOCIAL REHABILITATION OF PERSONS WHO HAVE SUFFERED AS A RESULT OF TERRORIST ACTION

Article 22. Reimbursement of damage caused as a result of terrorist action

Damage caused to individuals and legal entities resulting from terrorist actions shall be fully compensated through funds from the state budget, and subsequently the sum in question shall be recovered from the guilty parties in the manner provided for under the legislation of the Republic of Tajikistan.

Article 23. Social rehabilitation of persons who have incurred damage as a result of terrorist acts

The social rehabilitation of persons who have incurred damage as a result of terrorist actions shall be carried out through funds from the state budget with the aim of bringing these people back to normal life and shall consist of providing these persons with legal, psychological, medical and professional rehabilitation assistance, reinstating where necessary in a job and granting them housing.

The Government of the Republic of Tajikistan shall determine the order of social rehabilitation of persons who have incurred damage as a result of terrorist actions.

CHAPTER VII. LEGAL AND SOCIAL PROTECTION OF PERSONS ENGAGED IN COMBATING TERRORISM

Article 24. Persons taking part in the fight against terrorism who are subject to legal and social protection

The following persons are subject to legal and social protection:

Article 25. Reimbursement of damage to persons participating in the fight against terrorism and their social rehabilitation

Damage caused to the health or property of servicemen, staffers and specialists of entities directly engaged in the fight against terrorism is reimbursed in accordance with the procedure spelled out by the legislation of the Republic of Tajikistan. In the event of the death of above-mentioned persons in the course of a counter-terrorist operation or if a person is disabled or wounded and if this has not caused disability, the measures of social and legal protection shall be applied based upon the legal status of such persons, which are spelled out by relevant laws and legal acts of the Republic of Tajikistan.

Damage caused to the health or property of the persons listed in paragraphs 2-3 of the Article 24 of the present Law in connection with their participation in the fight against terrorism is reimbursed in accordance with the procedure spelled out by the legislation of the Republic of Tajikistan.

In the event of the death of persons listed in paragraph 2 of the Article 24 of the present Law in the course of a counter-terrorist operation or if a person is disabled or wounded and without being disabled, the measures of social and legal protection shall be applied which are spelled out by the Law of the Republic of Tajikistan "On operational search activities."

If persons listed in paragraph 3 of the Article 24 of the present Law who have taken part in the fight against terrorism in the course of a counter-terrorist operation are wounded and this has not caused disability, these persons are paid a one-time assistance grant of 100 times the minimum wage. If such persons are wounded and this has caused disability these persons are paid a one-time assistance grant of 500 times the minimum wage. In the event of the death of such persons members of the family of the deceased are paid a one-time assistance grant of 1,000 times the minimum wage, and are granted a pension in view of the loss of their breadwinner.

Social rehabilitation of persons listed in the paragraphs 2-3 of the Article 24 of the present Law who have incurred damage as a result of their participation in the counter-terrorist operation shall be carried out through funds from the state budget.

The order of carrying out social rehabilitation of persons mentioned above and also in the case of threat to their security, the procedures for the change in their passport data, their place of residence and work (study), alteration of their appearances through surgical operations are established by the Government of the Republic of Tajikistan.

CHAPTER VIII. LIABILITY FOR PARTICIPATION IN TERRORIST ACTIVITY AND EXEMPTION FROM RESPONSIBILITY

Article 26. Liability for participation in terrorist activity

Persons engaged in the terrorist activity or providing assistance to terrorists or terrorist organizations, and those who propagate the terrorist activity shall bear responsibility as provided by the Criminal Code of the Republic of Tajikistan.

Persons who are not members of the terrorist organizations, but who committed a terrorist act on behalf of a terrorist organization, or those who participated in the organization’s creation, financing, training and armament shall bear the same responsibility as members of such an organization.

A person who possessed information about the existence of a terrorist organization or about particular people engaged in terrorist activity, but who have not informed the relevant state organs about this shall bear responsibility as provided by the Criminal Code of the Republic of Tajikistan.

Article 27. Liability of organizations for terrorist activities

In cases when in accordance with a court’s decision an organization is recognized as terrorist it shall be disbanded and property belonging to it shall be confiscated and transferred to state ownership.

Article 28. Exemption from responsibility

Persons who assisted the entities, which take part in the fight against terrorism, shall be in accordance with the Criminal Code of the Republic of Tajikistan exempt from criminal responsibility for engaging in terrorist activity, if during their participation in the organization they consciously did not commit crimes.

In accordance with the Criminal Code of the Republic of Tajikistan servicemen, staffers and specialists of entities participating in the fight against terrorism shall not incur liability for moral, material and bodily damage caused to terrorists as a result of legal use of physical force, special means and firearms.

Persons who provided assistance in preventing or suppressing of the commission of the terrorist action upon request of representatives of law enforcement or other state organs or commanders of airships, are exempt from criminal responsibility for any actions undertaken against terrorists.

CHAPTER IX. FINAL PROVISIONS

Article 29. Preferential calculation of length of service and additions to monthly salary

When calculating length of service for pension purposes for servicemen and staffers serving (having served) in entities directly engaging (having engaged) in the fight against terrorism, the years of service shall be calculated by making one day of service equivalent to two days of service and the period of participation in anti-terrorism operations shall be calculated by making one day of service equivalent to three days of service (unless the legislation provides for a more preferential calculation of length of service) and the monthly and rank’s salaries rise accordingly.

Article 30. Remunerating persons, participating (who participated) in combating terrorism

For participation in concrete counter-terrorist operations, servicemen, staffers and specialists serving in entities directly engaged in the fight against terrorism, and persons, who assisted in conduction of these operations, can be remunerated by the heads of relevant state organs with a one-time grant, the amount of which shall be established in accordance with the relevant legislation of the Republic of Tajikistan.

President of the Republic of Tajikistan – E. Rakhmonov

Dushanbe 16 November 1999

№ 845

REGULATION OF MAJLISI OLI OF THE REPUBLIC OF TAJIKISTAN

ON ENACTMENT OF THE LAW OF THE REPUBLIC OF TAJIKISTAN

ON COMBATING TERRORISM

Majlisi Oli decides:

Chairman of Majlisi Oli of the Republic of Tajikistan S. Radzhabov

Dushanbe, 16 November 1999

№ 846