Tajik residents often complain that they are faced with a situation where representatives of the police or law enforcement agencies take away their phones for verification without explaining the reasons and following legal procedures. Such actions violate their rights and confidentiality.
Asia–Plus decided to prepare this material to help citizens understand their rights and protect themselves in such situations. The lawyers of the organization are responsible PRO BONO DE JURE.
When can the police or government officials take the phone?
The police and other law enforcement agencies can only seize the phone as part of an administrative or criminal process. This is possible if the phone is the subject of an offense or contains information about a crime.
A court order is required to remove and inspect the phone.
Can the police or government representatives demand access to the phone without a warrant?
A court order is required to inspect the phone. This should only happen as part of a preliminary investigation after a criminal case has been initiated.
They can't just demand access to the phone during a conversation.
All guarantees of privacy and family life apply to the phone, as it contains personal information (photos, videos, correspondence, etc.) and bank account information (article 23 of the Constitution of Tajikistan).
The law also protects the secrecy of correspondence, telephone conversations and messages stored on the phone (emails, call recordings, SMS messages) – Article 14 of the CPC RT.
Can the police or government representatives force me to unlock my phone?
No, they can't force you to unlock your phone just like that, on the street. Even in an administrative or criminal case, the police have no right to force you to unlock your phone. This is due to the fact that the Constitution and the Civil Code of Tajikistan protect your rights and freedoms, including the right not to testify against yourself and your loved ones.
So if you are asked to unlock your phone, you can refuse, and it will be within your rights.
What data privacy rights do I have?
In Tajikistan, your data privacy rights are protected by the following standards:
The Constitution of the Republic of Tajikistan. Article 23 guarantees the inviolability of private life and the protection of personal information.
The Law "On Information Protection". This law establishes the principles of information protection and regulates legal relations in this area.
The Civil Code of the Republic of Tajikistan. Articles 246, 247 and 249 contain provisions on the protection of privacy and confidentiality of personal information, as well as the right to privacy of correspondence, telephone conversations and other types of correspondence.
PRO BONO DE JURE is a public organization that provides legal protection. The organization provides legal advice and educational programs for lawyers and lawyers. Their goal is to increase legal literacy and ensure access to qualified legal aid for the general public.
