A/HRC/55/47/Add.1
were arrested. They were reportedly mistreated and some of them tortured in detention and
denied access to doctors and lawyers. The trial of 13 leading Islamic Renaissance Party
members ended in June 2016. Deputy Party leaders Saidumar Husaini and Haritos
Mahmadali Rahmonovich Hayit received life terms in prison, while 11 others received
sentences as long as 28 years. Due process and human rights concerns were widely expressed
in relation to those and other trials relating to Party members and even to their relatives.15
54.
In 2020, the Government reportedly conducted mass arrests and interrogations of
Islamic leaders, including prominent Sufi Muslim clerics and many who had received
religious education abroad. Furthermore, the Government detained a large number of people
accused of membership of the Muslim Brotherhood after it was banned in 2006. Those
detained included an Egyptian professor at the Tajik National University who was allegedly
identified as the leader of a group of 119 individuals who were, in a high-profile case,
sentenced by the Supreme Court in April 2021 to between 5 and 23 years in prison each.
Salafis are another group that is particularly targeted, since the authorities do not clearly
define the term “Salafi” and apply it widely to Muslims who do not practise their religion or
belief in ways that have been approved by the State.
B.
Religious or belief minorities and communities
55.
All religious groups and organizations, other than those that adhere to the Hanafi
school of Sunni Islam, need to apply to the State Committee for Religious Affairs and
Regulation of Traditions, Ceremonies and Rituals for registration. Pursuant to the Freedom
of Conscience and Religious Associations Act, all exercise of freedom of religion or belief
without State permission is illegal.16 Such “regulation” of relations between the State and
religious associations is highly restrictive and has a chilling effect on the environment of
freedom of religion or belief. Furthermore, the wording of related laws is extremely unclear,
allowing ample room for official arbitrary action.
56.
The State Committee for Religious Affairs reports that a total of 4,058 religious
associations are registered in Tajikistan, including 66 non-Muslim groups. The Special
Rapporteur became aware of at least one group that is seeking reregistration and one that is
seeking initial registration. Registration can be withdrawn only by a judgment of the Supreme
Court, then reinstated only by a Supreme Court judgment. Application for reregistration has
proven very difficult.
57.
Registered communities are required to report annually on any financial transfers and
all their activities. They receive questionnaires requiring full details of all religious
community employees and their families, as well as details of all financial support received
from foreign individuals and organizations. One source noted that further information is
required only when there is a key change of circumstance, such as change of address. This is
another example of the law not always being applied strictly to different groups throughout
the country.
C.
Women
58.
While a variety of dress and hijab codes are followed by women and girls when in
public, particular types of head covering are prohibited or restricted on the grounds that they
are indicative of foreign cultural influence, extremism or belonging to banned extremist or
terrorist groups. Civil servants cannot wear such head and face coverings and women may
be restricted from wearing them when entering kindergartens, schools, universities, hospitals
or governmental buildings. Some of the authorities consulted denied that there was any such
15
16
GE.24-00093
In its opinion No. 2/2018, the Working Group on Arbitrary Detention found the detention of
Mr. Hayit to be arbitrary and called for his immediate release (A/HRC/WGAD/2018/2, paras. 79 and
81). Other opinions of the Working Group relate to the detention of 11 other Party members
(A/HRC/WGAD/2019/66) and to a lawyer, Buzurgmehr Yorov, who represented high-level Party
officials (A/HRC/WGAD/2019/17).
See OSCE Office for Democratic Institutions and Human Rights, Freedom of Religion or Belief and
Security: Policy Guidance (2019), in particular chapter 4.1.
11