Extradition

Tajikistan

Constitution of the Republic of Tajikistan

CHAPTER TWO

RIGHTS, LIBERTIES, BASIC DUTIES OF INDIVIDUALS AND CITIZENS

Article 16.

A citizen of Tajikistan outside the country shall be protected by the state. No citizen of the republic shall be extradited to a foreign state. Extradition of a criminal to a foreign state shall be resolved on the basis of mutual agreement.
Foreign citizens and stateless persons shall enjoy the rights and liberties and have the responsibilities and duties of citizens of Tajikistan except in cases stipulated by law.
Tajikistan shall offer political asylum to foreign citizens whose human rights are violated .

Criminal Code of the Republic of Tajikistan (Excerpt)

GENERAL PART

SECTION I. CRIMINAL LAW

CHAPTER 2. Territorial Application of the Criminal Law and Question of its Retroactivity

Article 16. Criminal Extradition

(1) A citizen of the Republic Tajikistan who committed a crime in the territory of any other state is not liable to extradition to this state unless otherwise is provided for by interstate treaties or agreements.

(2) Foreign citizens and persons without citizenship who committed a crime outside the Republic Tajikistan but who are in its territory may be extradited to a foreign state for instituting criminal proceedings or serving a sentence in conformity with interstate treaties.

Criminal Executive Code of the Republic of Tajikistan

GENERAL PART

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

Chapter 1. General provisions

Article 6. Application of the Criminal executive code of the Republic of Tajikistan in regard to persons sentenced by courts of a foreign state

Citizens of the Republic of Tajikistan as well as stateless permanent residents of the Republic of Tajikistan sentenced by courts of a foreign state may be extradited to the Republic of Tajikistan for execution and further serving of a sentence in accordance with the international legal acts recognized by the Republic of Tajikistan.

GENERAL PART

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

Chapter 1. General provisions

Article 7. Extradition of persons sentenced by courts of the Republic of Tajikistan

1. Citizens of the Republic of Tajikistan sentenced by courts of the Republic of Tajikistan shall not be subject to extradition under any conditions.

2. Foreign citizens and stateless persons sentenced by courts of the Republic of Tajikistan may be extradited to a foreign state for execution and further serving of a sentence in accordance with international treaty of the Republic of Tajikistan.

Rome Statute

Article 102 Use of terms

For the purposes of this Statute:

(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.