In recent times, court proceedings in certain socially significant and widely publicized cases are often held behind closed doors. However, it is precisely the possibility for citizens and media representatives to attend court hearings—and subsequently disseminate the information obtained—that contributes to the protection of the rights and legitimate interests of participants in the process. It also improves the quality and effectiveness of justice, strengthens the authority of the judiciary and public trust in it, and supports citizens’ constitutional right to access information.
One year ago, Asia-Plus reported on a monitoring study of civil court proceedings conducted by the public organization “World of Law,” focusing on transparency and publicity in judicial proceedings.
At that time, Gulchekhra Kholmatova, director of the organization “World of Law,” spoke about the objectives of the study, its findings, and the recommendations developed to ensure the principle of openness and transparency in the courts of Tajikistan.
A year later, experts from the same organization examined to what extent their recommendations had been taken into account and prepared a corresponding report with new recommendations.
According to experts, the most important achievement was the adoption on 25 June 2021 of the Law of the Republic of Tajikistan “On Access to Information on the Activities of Courts.” For the first time in the country’s judicial practice, this law establishes that citizens and representatives of organizations may participate in public court hearings. The law also obliges courts to publish sample procedural documents, information on court fees by categories of cases, and other important information, which is currently not fully available in the public domain. Another recommendation from the monitoring—ensuring a legal basis for media representatives, journalists, and the public to attend court hearings—was implemented in Article 20 of the Law.
At the same time, the report notes that the adopted law contains certain gaps that may negatively affect transparency and openness of court proceedings. In particular, it does not fully address recommendations regarding accessibility of court information for persons who do not speak the language of proceedings and for persons with disabilities, such as readable formats, font accessibility, and electronic display systems.
In April 2021, the Medium-Term Development Program of the Republic of Tajikistan for 2021–2025 was approved. According to “World of Law,” its implementation plan incorporates many recommendations developed by the organization’s experts. The program includes a new section – “Rule of Law and Ensuring Access to Justice”—which reflects the essence of recommendations based on monitoring of court proceedings conducted between 2018 and 2020.
The implementation plan of this program provides for gender, anti-discrimination, and anti-corruption reviews of civil procedural legislation; introduction of international standards of fair trial in the judicial system; creation of infrastructure to ensure access for persons with disabilities in court buildings; adoption of legislation on access to judicial information; simplification of application and complaint procedures; and reduction of their processing time.
However, the report also highlights that despite positive legislative changes, many recommendations have not yet been implemented.
Unaddressed recommendations include amendments to the Code of Administrative Offenses Procedure regarding fundamental safeguards such as the right to legal defense from the moment of actual detention (rather than after being brought to a police station), provision of sign language interpreters for deaf and hard-of-hearing persons, and the creation of accessible infrastructure for persons with disabilities in court buildings.
Recommendations were also not implemented regarding amendments to the Criminal Procedure Code allowing public organizations to participate in court proceedings as public prosecutors or public defenders. Likewise, recommendations on allowing audio recording of court proceedings without court permission under the Civil Procedure Code and the Code of Administrative Offenses Procedure remain unimplemented.
Another unresolved issue is the right of national minorities and other vulnerable groups who do not speak the state language to submit court applications in a common interethnic language.
The PO “World of Law” expresses hope that the recommendations outlined in its previous study and in the “Report on the Implementation of Recommendations Based on Monitoring of Court Proceedings (2018–2020)” will be more fully considered during the implementation of the 2021–2025 Medium-Term Development Program of the Republic of Tajikistan. This, in turn, would help ensure a higher quality of judicial activity, guarantee stronger protection of citizens’ rights and freedoms, and improve the efficiency, openness, publicity, and fairness of court decisions.
Author: Payrav Chorshanbiev, Asia-Plus
