Who was already jailed in Tajikistan for liking extremist statement in social networking sites and what actions in Internet are punishable in Tajikistan1?
On Saturday August 4, President Emomali Rahmon signed a number of laws adopted by the Majlisi Namoyandagon (Tajikistan’s lower chamber of parliament) and seconded by the Majlisi Milli (Tajikistan’s upper chamber of parliament).
Among them is the law amending the country’s penal code. The amendments, in particular, criminalize public calls through Internet for committing terrorism-related crimes or for justifying terrorist activities.
The amended Article 179 of Tajikistan’s Penal Code stipulates that public calls through Internet for committing terrorism-related crimes or for justifying terrorist activities are punishable by terms of imprisonment ranging from 10 to 15 years.
Tajik authorities justify the decision to make amendments to the country’s penal code by saying that terrorist organizations widely use Internet, especially social networking sites and messengers, for recruitment of young people.
Before that, persons liking and sharing materials of extremist and terrorist nature through Internet had been convicted under the provisions of Article 307 of Tajikistan’s Penal Code – public calls for the forcible overthrow of or change to the constitutional order in Tajikistan. This article stipulates that public calls for the forcible overthrow of or change to the constitutional order in Tajikistan punishable by terms of imprisonment ranging from 3 to 8 years.
On November 2, 2017, the 27-year-old resident of the Zafarobod district (Sughd province), Samandar Qalandarov was sentenced to six years in prison for sharing extremist materials and videos of the outlawed religious Salafi Group. He was found guilty of committing crimes under Article 307, Comment 1, Part 2 – public calls for extremist activity through mass media or Internet.
In January 22, 2018, the 23-year-old resident of Khjujand, Jamshed Homidov, was sentenced to five year in prison for sharing videos of the outlawed religious extremist Salafi Group. He was found guilty of committing crimes under Article 307, Comment 3, Part 2 – organization of activities of extremist groups and participation in political parties and public or religious associations banned in Tajikistan.
Resident of the southern Khatlon province, Alijon Sharipov was sentenced to 9 ½ years in prison in late April this year for watching, liking, and sharing videos of a banned Islamic Renaissance Party of Tajikistan (IRPT)’s gatherings abroad. Alijon Sharipov was found guilty of “calling for extremism, calling for the overthrow of the government, and working for banned political parties. Sharipov, 32, reportedly watched, liked, and shared on social media videos of meetings and speeches from the banned Islamic Renaissance Party of Tajikistan.
Sharipov admitted watching and sharing the videos when he was in Russia in 2017 while working as a labor migrant but said he didn’t know it was against law.
What actions in Internet are punishable in Tajikistan1?
Tajikistan’s legislation stipulates that:
– Publicly insulting the President of the Republic of Tajikistan or slander addressed to him is punishable by terms of imprisonment ranging from 2 to 5 years – Article 137;
– Publicly insulting the Founder of Peace and National Accord – the Leader of the Nation – or slander addressed to him is punishable by terms of imprisonment ranging from 2 to 5 years – Article 137 (1);
– Involving people in terrorism-related crimes with use of Internet is punishable by terms of imprisonment ranging from 10 to 15 years – Article 179 (1);
– Public calls for the forcible overthrow of or change to the constitutional order in Tajikistan with use of Internet are punishable by terms of imprisonment ranging from 8 to 15 years – Article 307;
– Organization of activities of extremist groups or participation in activities of extremist group with use of Internet is punishable by terms of imprisonment ranging from 5 to 8 years – Article 307, Part 3;
– Insulting public authority with use of Internet is punishable a monetary fine ranging from 50,000 to 70,000 somoni – Article 330;
– Preparing or planning aggressive war with use of Internet is punishable by terms of imprisonment ranging from 5 to 15 years – Article 395.
