GENERAL PART

Section I. Principal provisions of the criminal executive legislation of the Republic of Tajikistan

Chapter 2. Legal status of convicted persons

Article 20. Right of convicted persons to personal security

1. Convicted persons have the right to personal security.

2. If there is a danger to life, health or a danger of committing any other personal crime against a convicted person by other persons, he is entitled to apply to any official of the institution in charge of execution of the penalties of liberty restraint, confinement, deprivation of liberty and detention in a disciplinary military unit with the request to provide security or transfer him to a safe place. In this case the official shall take immediate measures to provide personal security for the convicted person.

3. The chief of the institution upon application of the convicted person or on his own initiative shall make a decision to transfer the convicted person to a safe place or take other measures for prevention of a crime against convicted person, or he shall make a decision about a place of further punishment serving in accordance with order established by law.

4. Officials who did not take necessary measures for providing security of convicted persons shall be liable according to legislation of the Republic of Tajikistan.

GENERAL PART

Section I. Principal provisions of the criminal executive legislation of the Republic of Tajikistan

Chapter 2. Legal status of convicted persons

Article 21. Ensuring freedom of conscience and religion of convicted persons

1. Convicted persons shall be guaranteed freedom of conscience and religion. Each convicted person has a right to determine independently his attitude to religion, practice any religion separately or jointly with other people or practice no religion, participate in performing religious cults, rituals and ceremonies, freely choose and have religious or atheistic convictions and act according to them.

2. If requested, persons serving their penalty of limitation of liberty may be permitted to visit institutions of religion within the administrative territory where a correctional center is situated.

3. If requested, ministers of the religious institutions registered in established order may be invited for persons who serve their penalties of confinement or deprivation of liberty (except for convicted persons, who are kept in isolation wards, punitive and disciplinary isolators, cell-types room and solitary confinement cells). Convicted persons are allowed to perform religious ceremonies and use cult objects and religious literature in the institutions in charge of execution of a sentence according to order established by legislation of the Republic of Tajikistan. Administration shall provide appropriate place for those purposes.

4. If requested, before execution of a sentence seriously sick convicted persons and persons sentenced to death penalty shall be given a chance to perform necessary religious ceremonies with invitation of ministers of religion.

5. Performance of any religious ceremonies shall not violate the internal regulations and infringe rights of other convicted persons serving their punishment.

SPECIAL PART

Section V. Execution of the penalty of deprivation of liberty

Chapter 9. General provisions on execution of the penalty of deprivation of liberty

Article 76. Leaving persons sentenced to deprivation of liberty to do household activities in the remand prison or a prison

1. Persons sentenced to deprivation of liberty and imposed upon to penalty serving in the correctional colony of general regime, and in exceptional cases persons convicted to deprivation of liberty for the first time and for the term not exceeding seven years and imposed upon to penalty serving in correctional colony of intensive regime are allowed with their consent to stay in the prison or in the remand prison for doing household activities.

2. Convicted persons may be left to do this kind of work on the ground of the order issued by the chief of the remand prison or a prison on the basis of the written consent of the convict.

3. Convicted persons, left in the remand prison or a prison to do household activities shall be kept in the ordinary room separately from other persons and under conditions specified in the present Code for correctional colonies of general regime.

SPECIAL PART

Section V. Execution of the penalty of deprivation of liberty

Chapter 9. General provisions on execution of the penalty of deprivation of liberty

Article 78. Separate keeping of convicts in correctional institutions

1. There shall be separate keeping in correctional institutions of men from women and minors from adults.

2. Persons sentenced to deprivation of liberty for the first time shall be kept separately from those who have served deprivation of liberty before. Special dangerous recidivists, persons convicted for committing specially grievous crimes, convicts whose death penalty has been changed to deprivation of liberty by pardon shall be kept separately and isolated from other convicts.

3. There are certain correctional institutions for the convicted former judges and employees of law enforcement bodies. Other convicted persons may also be kept in these correctional institutions.

4. Minors sentenced to deprivation of liberty for deliberate crimes committed while penalty serving, as well as those who systematically and malignantly violate regime of serving a punishment shall be kept separately from other convicts serving the punishment in educational colonies of intensive regime.

5. The requirements of separate keeping of convicted persons specified in this article do not apply to medical correctional institutions and correctional colonies with a child house attached. Persons sent to the above-mentioned institutions shall be kept in conditions established by law for the colony specified by court. The Ministry of Internal Affairs of the Republic of Tajikistan in agreement with the Ministry of Health Care of the Republic of Tajikistan shall define the order of keeping convicted persons in these institutions and medical institutions as well.

6. Convicted persons suffering from infectious diseases shall be kept separately from each other and from healthy convicts.

7. HIV-infected convicted persons shall be kept separately from other convicts and from convicted persons suffering from other infectious diseases.

8. Convicted foreign citizens and stateless persons shall be kept under general conditions.

SPECIAL PART

Section V. Execution of the penalty of deprivation of liberty

Chapter 10. Regime in correctional institutions and its maintenance

Article 88. Conditions of punishment serving by persons sentenced to deprivation of liberty

1. In one correctional institution convicted persons may have different conditions of punishment serving depending on their conduct and attitude to labor. Convicted persons may serve the punishment in ordinary or privileged conditions that are specified according to the type of a correctional institution.

2. Change of the punishment serving conditions simultaneously provides for privileged conditions of detention that are specified in the articles 128,130, 132, 134, 140, and 141 of the present Code, as well as revocation of all privileged conditions of detention in cases specified in the article 120 of the present Code.

3. Commission of the correctional institution shall decide if a convicted person shall be transferred from one kind of conditions to another. Commission of the correctional institution shall also decide if a convicted person shall be transferred from a prison with general regime to prison with strict regime and from strict regime to general.

4. In case if convicted person is not agree with the revocation of the privileged conditions of detention or with transfer to prison with strict regime he is allowed to appeal commission's decision on transfer in the order specified by law.