On June 6 the I.Somoni regional court started hearing the appeal filed by Savriniso Gulova (widow of Ismoil Bachajonov who died as a result of tortures) against General Penalty Control Department of the Tajik Justice Ministry (hereinafter defendant) demanding a 655.000 Somoni (105.000 Euro) compensation for loss of breadwinner.
At the same time, the defendant filed a counter-claim against persons who were found guilty of causing severe damage to Bachajonov and who currently serve their sentences in jail.
S.Gulova is not agree with the defendant’s position saying that compensation should be paid at the expense of the state budget since the crime was committed by on-duty officers on the territory of the 9/1 detention center.
The hearing was attended by deputy prosecutor of Ismoili Somoni region. Representative of Tajik Ministry of Finance was invited as third person but failed to appear in court for unknown reasons.
Savrinisso Gulova claimed that the amount of compensation was calculated from the amount required for restoration of her health and health of her three teenaged children.
In his interview to AP Director of the Independent Human Rights Center Sergei Romanov said he expects fair decision from the court since this is not the first case when widows demand compensation for loss of breadwinner.
“At the same time, there is no previous practice of paying compensation to widows of victims of tortures at the expense of the state budget. Gulova’s appeal is the first in its kind in Tajikistan,” Romanov has said.
Attorney Abdurahmon Sharipov, whose services were provided by the Independent Human Rights Center, the court also considered an issue of paying compensation to widows of officers of the criminal justice system for loss of breadwinner when compensation was paid at the expense of the state budget and not at the expense of persons who killed the officers.
“That is why we want the compensation to be paid at the expense of the state budget and not by the officers who killed Bachajonov,” Sharipov has said.
32-year-old Ismoil Bachajonov was sentenced to 6.5 years in high security prison in 2009 for illegal drug trafficking. In 2011 he was transferred from the high security prison for systematic violation of serving prison sentence.
Bachajonov was delivered to the detention center for further transfer to another prison.
“As officers of the 9/1 detention center claim, Bachajonov was not satisfied with the decision and was beaten up by the officers for complaining about the court’s decision,” the lawyer has said.
Bachajonov died from multiple injuries before he was delivered to Tajik Justice Ministry’s medical center in Vakhdat.
Tajik Prosecutor General’s Office launched criminal proceedings against several officers of the criminal justice system. As a result three officers of the detention center faced the court for causing severe damage to health which caused death and abuse of power. Two of them were sentenced to 8 years in prison. However, their sentences were reduced in accordance with the amnesty law down to 6 years. Another officer got 3 years in prison and was released in accordance with the amnesty law.
“My husband died and I have three children from 2 to 7 years of age. I have no profession as my education ended in secondary school. My husband was the only person to earn money. Since my husband died as a result of unauthorized actions of law enforcement officers I demand compensation for loss of breadwinner,” widow of the victim has said.
