00:56:28 - 20.09.2019

 

Founder of Peace and National Unity,

Leader of the Nation, President of the Republic of Tajikistan,

His Excellency Emomali Rahmon

 

News of Constitutional Court of the Republic of Tajikistan

 

On June 12, 2012 the Chairman of the Constitutional Court of the Republic of Tajikistan Mr.M.Makhmudov, Vice-Chairman Mr. M.N. Nazarov and the judge of the Constitutional Court Mr. A.A. Abdullaev had a meeting with the Extraordinary and Plenipotentiary Ambassador of the Republic of Azerbaijan to the Republic of Tajikistan Abbosali Karim Ogli Hasanov.
During the meeting, the parties noted the work of the Constitutional Court of the Republic of Tajikistan as an independent judicial body and highlighted the importance and significance of this body of constitutional supervision in ensuring the supremacy of the Constitution and protection of human rights and freedoms.
The sides expressed interest in signing a memorandum of cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of the Republic of Azerbaijan.
Chairman of the Constitutional Court of the Republic of Tajikistan Mr. M.Mahmudov in turn, noted that the Constitutional Court of the Republic of Tajikistan expresses its readiness to sign this important international instrument that will facilitate the development of closer bilateral relations between the constitutional supervision of two democratic states.
The Extraordinary and Plenipotentiary Ambassador of the Republic of Azerbaijan to the Republic of Tajikistan Abbosali Karim Ogli Hasanov, expressing his assessment of the development of relations between the constitutional courts of the two states, emphasized its willingness fully contribute to the development of closer bilateral relations.

 

 

 

On June 1, 2012 was held the meeting of the Chairman of the Constitutional Court of the Republic of Tajikistan Mr. M.A. Makhmudov, Vice-Chairman Mr. M.N. Nazarov and the judge of the Constitutional Court Mr. A.A. Abdullaev with the Ambassador at Large of the Ministry of Foreign Affairs of Finland, Ms. Laura Reynil and the President of the Supreme Administrative Court of the Finland, Dr. Pekk Holberg.
With the purpose to develop the theme of cooperation in the implementation of the "Equality before the law - the road to justice in Central Asia", the parties identified the importance of the book Dr. Pekka Holberga "Supremacy of Law: Forecasting", expressed unified opinion on the necessity of current implementation of this Programme, contributing to ensure the realization of the constitutional provisions on equality of citizens before the law and court, as well as the constitutional rights of everyone to judicial protection.
The sides during the discussion had also highlighted the role and importance of the Constitutional Court of the Republic of Tajikistan in the field of ensuring supremacy of the Constitution and realization of its regulations aimed, to protect the human rights and freedoms.
In connection with the realization of provisions of the Constitution of the Republic of Tajikistan, Chairman of the Constitutional Court of the Republic of Tajikistan Mr. M.Mahmudov noted that in Tajikistan the human rights and freedoms recognized as supreme value and protected by the Constitution, laws and international instruments, which is recognized by Tajikistan.

The parties had also exchanged views on various issues related to access to justice, reaffirmed their readiness to a more in-depth development of bilateral and mutually beneficial relationship.

 

 

 

From 22 to 23 of May 2012 in Almaty, Kazakhstan took place the sub-regional meeting for Central Asia’s countries on "Implementation of the Arhus Convention today: provide the way for the best environment and management for tomorrow." The meeting was devoted to the UNECE Convention on Access to Information, Public Participation in decision-making and access to justice in environmental matters, and held jointly with the United Nations Economic Commission for Europe (UNECE) and the OSCE, where took part participants from many countries.
In the mentioned event from the Constitutional Court of the Republic of Tajikistan the judge of the Constitutional Court Ms. Gulzorova and senior specialist of the Constitutional Court Mr. Holiqov had participated.
During the event, was discussed the issues of proper access to justice and the role of the judiciary system in ensuring access to justice for public.
Also, within the framework of this visit, was held the meeting of representatives of the Constitutional Court of the Republic of Tajikistan with the coordinators of the Swiss Agency for Development, representatives of Kazakhstan and Mongolia, where was discussed the questions regarding the judicial system, as well as proposals to improve legislation in the environmental field.

 

 

 

On May 15, 2012 at the Constitutional Court of the Republic of Tajikistan was held the judicial session according to the petition of citizen Mr. J. Boboev on «Determination of compliance of the eighth paragraph of the second part of article 42 of the Criminal-procedural Code of the Republic of Tajikistan to articles 17 and 19 of the Constitution of the Republic of Tajikistan».
In consideration of this issue took part plenipotentiaries of the Majlisi Milli, Majlisi Namoyandagon, President of the Republic of Tajikistan, representatives of the Supreme Court, the Prosecutor General's Office, the Ministry of Justice, the Ministry of Internal Affairs, Tajik Justice Council and other representatives of the state bodies.

The Constitutional Court of the Republic of Tajikistan, thoroughly considered the submitted petition in accordance with requirement of the Constitution and others legal basis, recognized by its Resolution, corresponding to the eighth paragraph of the second part of article 42 of the Criminal-procedural Code of the Republic of Tajikistan to articles 17 and 19 of the Constitution of the Republic of Tajikistan».

 

 

 

On May 11, 2012 took place the meeting of the Chairman of the Constitutional Court of the Republic of Tajikistan Mr. M. A. Mahmudov (with attendance of judges of the Constitutional Court Mr. A.A. Abdulloev and Mr. K.M. Karimov) with the Special Rapporteur of the United Nations on tortures Mr. Juan Méndez, as well as with the members of his delegation - Duarte Nuno Pessoa, Stephanie Selg, Shushana Hachyan and Lilia Zaharieva – Human Rights Adviser to the Permanent Representative of the Coordinator of the United Nations in Tajikistan.

During the meeting, the parties noted the importance of the mechanisms of protection of legitimate rights and interests of the person and the citizen, being an important condition of stable activity of political system of the state, as well as expressed their views on the role and the importance of body of the Constitutional Supervision in ensuring supremacy of the Constitution and protection of the rights and freedoms of the person and the citizen.

The Chairman of the Constitutional Court of the Republic of Tajikistan Mr. Mahkam Mahmudov noted that the Constitution of the Republic of Tajikistan recognizing the person, his rights and freedoms as the highest value and in article 18 states that no one can be incur to tortures, cruelty and inhuman treatment.

The president of the Republic of Tajikistan, H.E. Mr. Emomali Rahmon as the guarantor of the Constitution, the rights and freedoms of the person and citizen, in his statements recognizing ensuring protection of the rights and freedoms of the person and the citizen as the basic and important direction of a state policy, demands from all state authorities their obligatory observance.

In connection with, and aiming to organize the scientific seminars and informational meetings with employees of the law enforcement authorities, concerning execution of the requirements of international and national mechanisms on prevention cases of application of tortures in respect to prisoners, was created the working group, as well as the Plan of events, which was approved by the Head of the Tajik President Administration on February 17, 2012.

For ensuring execution the points of the mentioned Plan, on February 22, 2012 in the Constitutional Court of the Republic of Tajikistan with participation of the judicial authorities employees, Prosecutor's Office, Internal Affairs, National Security and other law enforcement agencies, was held the seminar on «International and National mechanisms on prevention of tortures».

Also, in order to ensure the implementation of points of this Plan, with participation of more than two thousand law enforcement officers, were organized meetings and discussions on an explanation of the International and National requirements of mechanisms on prevention of tortures, where attention, was directed to observance and ensuring the rights and freedoms of the person and the citizen.

In turn, the UN Special Rapporteur on tortures Juan Méndez, highly assessing the works done by the Constitutional Court of the Republic of Tajikistan, which were directed to prevention of tortures, in respect to prisoners, noted that existence of such body as an independent body of judicial authority is important in development of the modern democratic state.

During this meeting, the sides exchanged views on a high and substantial level of the developing relations and permanent communications on various issues, and expressed readiness to develop closer mutually beneficial bilateral relations.

 

 

 

On May 5, 2012, the Chairman of the Constitutional Court of the Republic of Tajikistan Mr. Mahmudov has met with representatives of the German Fund on the international legal cooperation – Dr. Stefan Hulskhorster, Angela Shmaynk, Volfram Ebergard and Manucher Kudratov. During the meeting, the sides noting the importance and the role of body of the Constitutional Supervision in ensuring supremacy of the Constitution and protection of the rights and freedoms of the person and the citizen, expressed the opinion for further development of this independent body of judicial authority. In turn, Angela Shmaynk highly appreciated the activity of the Constitutional Court of the Republic of Tajikistan, noted that existence of such body is important in development of the democratic country. The parties also noting the importance of the developing relations on various issues, expressed their readiness for further closer bilateral cooperation. The judges of the Constitutional Court of the Republic of Tajikistan Mr. Nazarov and Mr. Abdulloev also attended in the mentioned meeting.

 

 

 

INTERNATIONAL COOPERATION OF THE CONSTITUTIONAL COURT DEVELOPS


Within cooperation between bodies of the Constitutional Supervision of the Republic of Tajikistan and the Turkish Republic from April 23 to April 29, 2012, by the invitation of the Chairman of the Constitutional Court of the Turkish Republic Mr. Hashim Kilich, took place the working trip of delegation of the Constitutional Court of the Republic of Tajikistan, led by Chairman of the Constitutional Court of the Republic of Tajikistan Mr. M.A.Mahmudov to the Constitutional Court of the Republic of Turkey, for the purpose of participation in work of the International Symposium in honor of 50th – flying activity of the Constitutional Supervision’s body.

Also, the President and the Prime minister of the Turkish Republic, the Chairman of the European Court, the President of the Venetian Commission for democracy through the right of the Council of Europe (the Venetian Commission of the Council of Europe), and more than fifty representatives of countries, including Albania, Africa, Bangladesh, Belarus, Belgium, Spain, Indonesia, Italy, Azerbaijan, Germany, Latvia, Lithuania, Moldova and other states took part in work of the International Symposium on Human Rights. On the Symposium, the Chairman of the Constitutional Court of the Republic of Tajikistan Mr. Mahmudov making the report on «Improvement of the constitutional justice in Tajikistan», familiarized participans with professional activity of the Tajik Constitutional Court, which aims to ensure the supremacy and direct action of the Constitution and protection of the rights and freedoms of the person and the citizen. During this visit, took place the meeting of the Chairman of the Constitutional Court of the Republic of Tajikistan of Mr. Mahmudov with the Chairman of the Constitutional Court of the Turkish Republic Mr. Hashim Kilich, who confirmed friendship between the Constitutional Courts of the two friendly countries. During the meeting, the Chairmen of the Constitutional Courts of Tajikistan and Turkey expressed their appreciation and gratitude to the President of the Republic of Tajikistan H.E. Mr. Emomali Rahmon and to the President of the Turkish Republic Abdullah Gul for creation of safe conditions of cooperation between bodies of the Constitutional Supervision of the two friendly countries. At the bilateral meeting was noted that cooperation between the Constitutional Court of the Republic of Tajikistan and the Constitutional Court of the Turkish Republic develops and deepen for the benefit of ensuring supremacy and direct action of the Constitution, protection of the rights and freedoms of the person and the citizen. The parties also expressed satisfaction to the developing bilateral relations between bodies of the Constitutional Supervision of the two countries. Following the meeting, the Chairmen of the Constitutional Court of the Republic of Tajikistan and the Republic of Turkey signed the Memorandum of cooperation, which is another very important step to strengthening and development of the close bilateral relations. This act as a historical document provides a legal basis for the development of bilateral relations between the two independent bodies of judicial authority.During the signing of this act, the parties emphasizing its special importance, expressed confidence that this act will promote closer and fruitful relations between bodies of the Constitutional Supervision of the two countries. This document gives to the parties an opportunity, according to the national legislations of their countries, to develop cooperation through the exchange of experience, information about the legal and judicial acts relating to activity of the Constitutional Courts. Signing of this Memorandum opens a new page of bilateral cooperation between the bodies of the Constitutional Supervision of the two democratic countries.

 

Scientific seminar on a theme of: «The international and national mechanisms on prevention of tortures», Constitutional Сourt of the Republic of Tajikistan, February 22nd, 2012.

It was created the working commission under the presidency  of the Chairman of the Constitutional  Court of the Republic of Tajikistan with participation of the representatives of the Executive Office of the President of the Republic of Tajikistan joined to this commission, in accordance with the points12th and 13th of № 13 Protocol of the governmentalmeeting dated by 29.12 2011 related to the organization of scientific seminars and the activities on introduction of employees of law enforcement agencies withthe execution of the international and national mechanisms requirements on obstruction of violence cases over prisoners.In regard with the mentioned Protocol, it is planned to conduct a number of events in the ministries, institutions, in the state agencies of local government of GBAO (GornoBadakshan Autonomous Oblast), regions, cities and districts of republic.

Thus, on February 22nd, 2012, in a session hall of the Constitutional Court of the Republic of Tajikistan, on the basis of point 1 of above - mentioned protocol, it was held the scientific seminar on a theme: «The international and national mechanisms on prevention of tortures»

 

On February 17th, 2012 at the hall of a court session of the Constitutional Court of the Republic of Tajikistan, the judicial sitting took place according to the petition of citizen - Odinayev Y.D. about the determination of conformity of article 29th of the Law of the Republic of Tajikistan from March 29, 2008 of №. 373 «About executoryprocess» to the article 12, to part third of the article 20,to part first and second of the article 32 and to part second of the article 45thof the Constitution of the Republic of Tajikistan».

In a judicial sitting, plenipotentiary representatives of MajlisiMilli, MajlisiNamoyandagon and the representatives of the Apparatus of the President of the Republic of Tajikistan, representatives of the Supreme Court, the Supreme Economic Court, the Prosecutor General's Office, the Ministry of Justice, Council of Justice and the other representatives of the governmental authority participated.

The Constitutional Court of the Republic of Tajikistan, having comprehensively considered the submitted  petition according to the requirement of the Constitution and the other  legally- standard acts, recognized with its  Resolution the article 29thof the Law of the Republic of Tajikistan «About executor process»corresponding to article 12, partthird of article 20, part first and the second of  article 32 and  corresponding to part second of article 45th of the Constitution of the Republic of Tajikistan».

 

From  1st till  3rd of  February, 2012in the framework of international cooperation and with the goal of improvement of scientifically practical knowledge of staff of the Constitutional Court of the Republic of Tajikistan, there was held a seminar in the  Constitutional Court of the Republic of Tajikistan on the themeof  «The activity of the Constitutional courts of Germany: legislation and practice». At the given seminar, the following persons as FranchescaVert – the Judge of Land financial court, the research associate of the Federal Constitutional Court of Germany, JörgPudelka- Head of the regional program «Support of law and judicial reforms in the States of Central Asia» GIZ (The German society on the international cooperation), and the other authorized representatives of this programparticipated.

Before the start of the seminar, the Chairman of the Constitutional Court of the Republic of Tajikistan – Makhmudov M. A., and the Judge of the Constitutional Court of the Republic of Tajikistan - Abdullaev A.A. have conducted negotiations about  upsurge of the bilateral relations level. During the conversation, the Chairman of the Constitutional Court of the Republic of Tajikistan – Mahmodov M. A. has introduced the guests with the multidimensionalactivity of the Constitutional Court of the Republic of Tajikistan, having stressed that, the Constitutional Court of the Republic of Tajikistan as the body of the constitutional supervision and as the independent judicial authority plays very important role in ensuring of the citizens’ rights and freedoms. Within this meeting,partiesexpressed their opinions on cooperation between bodies of the constitutional supervision of two countries with satisfaction, and outlined readiness on increase of level of mutual cooperation.

After completion of a bilateral meeting, the scientific seminar was held during  3-days in the Constitutional Court of the Republic of Tajikistan on the subject of : “Organization, activity, the legislation, practice, structure and competences of the Constitutional courts of Germany” and also the other interesting questions on these subjects were underdiscussions and studying. The staff of the Constitutional Court of the Republic of Tajikistan actively participating in this seminar, found concrete and good answers to their numerous questions.

Holding of such significant events is directed to improvement of practical and theoretical knowledge of the staff of the Constitutional Court of the Republic of Tajikistan, and at the same time, learning of practice of the developed body of Germany on the constitutional supervision fosters to increase theactivity of the Constitutional Court of the Republic of Tajikistan.

 

On January 13th, 2012 within the themeof «The Constitution of the Republic of Tajikistan and protection of human and citizens’rights»a meeting of the vice-chairman of the Constitutional Court of the Republic of Tajikistan - NazarovM. N., the Head of the Office of the Constitutional Court of the Republic of Tajikistan – Hoshimov D. D. with the staff of public service of the Ministry of Internal Affairs of the Republic of Tajikistan took place.

During a meeting, the vice-chairman of the Constitutional Court of the Republic of Tajikistan- Nazarov M. N. making the report about the content and the significance of the Constitution of the Republic of Tajikistan emphasized that the Constitution of the Republic of Tajikistan which is adopted on November 6th, 1994 by a national referendum, directly by the people of Tajikistan, recognizes human rights and freedoms as supreme value. It was also noted that the given norm corresponds to the universally accepted and conventional values and the international acts, including the Universal declaration of human rights.

Along with the recognition of human rights and freedoms as the supreme value of the person, the Constitution establishes as well as the other concepts or notions, as the separation of branches of the governmental authority, a freedom of speech, religions, various forms of ownership with the recognition of a private property, an exceptional property of the state, inviolability of the dwelling etc. However, the most important achievement is recognition of human rights and freedoms as the supreme value.

At the meeting, the presented audience asked questions from representatives of the Constitutional Court, related to the activity of the Constitutional Courtas well.

 
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