In Tajikistan, judges are removed from their positions without publicizing the reasons, even when they are dismissed for crimes they have committed. But can one talk about trust in the judicial system in this case? Of course not.
Over the past nine years, President of Tajikistan Emomali Rahmon has dismissed 26 judges “due to actions discrediting the honor and dignity of a judge.”
What lies behind this formulation?
Although the presidential decrees do not mention the reasons, in his individual speeches, Rahmon has expressed concerns and criticized judges for bribery.
In particular, during a meeting with representatives of the judicial system in 2019, Emomali Rahmon stated that “corrupt actions not only diminish the authority and prestige of the judiciary but also undermine people's trust in the state.” Unofficial information available to the media indicates that most of the “dismissed” judges were arrested and convicted for bribery.
How to maintain honor for 1500 somonis?
Shokirjon Hakimov, the Doctor of Sciences in Law, believes that the reason for concealing the judges' actions is an attempt to maintain respect for them within the system of public relations. “If their actions are made public, it will generate rumors in society and undermine trust in the judicial system,” he explains. He notes that some judges pay bribes or use family connections to get their positions and, to cover these costs and improve their welfare, they themselves accept bribes. Hakimov emphasized that the imperfection and double standards in Tajikistan's legislation lead judges to commit crimes.
Former judge Vatan Abdurahmonov also believes that the main reason for non-disclosure is the fear of causing irreparable damage to the judiciary in the country. However, he notes, “Court press services are obliged to publicly report the actions committed by judges so that the public knows why a particular judge was dismissed.” He also said that the main reason judges accept bribes is low salaries. “To prevent cases of bribery among judges, it is necessary to amend the law 'On Courts' and increase judges' salaries," he asserts.
According to statistics, more than 400 judges work in Tajikistan, who are appointed and dismissed by the president. The average salaries for judges in the country range from 1500 somonis to 1800 somonis (approximately US$139–US$167), with pensions ranging from 700 somonis to 800 somonis (US$70-US$74).
Cases of dismissal
According to available information, over the past three years, 14 judges have been dismissed “due to actions discrediting the honor and dignity of a judge.” The decrees do not mention the reasons for their dismissal, and the Supreme Court rarely comments on these cases. However, the anticorruption agency reveals the names of some judges, while others are discovered by journalists.
Asia-Plus news agency has gathered several well-known facts over these three years.
The decree on the dismissal of Azizjon Sharifzoda, a judge of the Guliston city court, for actions discrediting the honor and dignity of a judge, was signed after he was arrested on bribery charges by anticorruption agency officers. Radio Ozodi (Radio Liberty’s Tajik Service) reported that he was caught red-handed on December 8, 2021 while receiving US$1,000. Sharifzoda had worked in Guliston for a year, previously serving as a judge in the Bobojon-Ghafourov district court.
Also in 2021, a day before the decree on the dismissal of former judge of the Economic Court of the Khatlon province Nosirkhon Safarzoda was released, it became known that he was suspected of corruption. Asia-Plus, citing its source in the anticorruption agency, wrote that he took a bribe of 5000 somonis. Safarzoda had worked for more than 10 years in the court of the northern city of Panjakent, and from 2017 until his arrest, he was a judge of the Khatlon Regional Economic Court. The outcome of his case is unknown.
On May 30, 2022, the president simultaneously dismissed three judges: Homidjon Muhammadzoda, chairman of the Khujand city court; Rustam Saidahmadzoda, judge of the Bobojon-Ghafourov district court, and Rahmiddin Rahimzoda, judge of a court in Dushanbe’s Sino district, for “actions discrediting the honor and dignity of a judge.” They were all suspected of taking bribes. They were sentenced to prison terms ranging from 2 to 6½ years.
On January 30 this year, by presidential decree, two judges were simultaneously dismissed: Bakhtiyor Abdurahmonzoda, chairman of the Panj district court in Khatlon province, and Firdavs Majidzoda, judge of the Levakant city court in Khatlon province.
The latest report on the dismissal of a judge for actions discrediting honor and dignity was published last week. Emomali Rahmon dismissed Hanifa Alimzoda, judge of the Kulob city court in Khatlon province. Radio Ozodi, citing its source, reported that she is suspected of taking a bribe.
