Amnesty: General Agreement on the Establishment of Peace and National Accord in Tajikistan

Protocol on Political Questions (18 May 1997)

1. The President and the Commission on National Reconciliation shall adopt the reciprocal-pardon act as the first political decision to be taken during the initial days of the Commission's work. No later than one month after the adoption of the reciprocal-pardon act, the amnesty act shall be adopted.

Protocol of Mutual Understanding between the President of Tajikistan, E. S. Rakhmonov and the leader of the United Tajik Opposition, S. A. Nuri (27 June 1997)

The President of Tajikistan, E. S. Rakhmonov, and the leader of the United Tajik Opposition, S. A. Nuri, held a separate meeting in Moscow on 27 June 1997, to discuss issues associated with the strengthening of confidence-building measures between the Parties in the interests of advancing the process of national reconciliation in Tajikistan. As a result of the meeting, the following agreements were reached: (1) To convene in Moscow by 7 July 1997 the first meeting of the Commission on National Reconciliation to discuss and transmit for consideration by the Parliament of Tajikistan the draft of the General Amnesty Act.

Statute of the Commission on National Reconciliation, III. Functions and Powers of the Commission:

Statute of the Commission on National Reconciliation (23 December 1996)

III. FUNCTIONS AND POWERS OF THE COMMISSION

7. The Commission shall have the following functions and powers: Adoption of a Reciprocal Pardon Act and drafting of an Amnesty Act to be adopted by the Parliament and the Commission on National Reconciliation.

Implementation History

1997

Minimum Implementation

The CNR began its work in September and formed a working group on the implementation of the amnesty law with equal numbers of UTO and government representatives. Over 700 UTO cases were submitted for review in 1997. The government agreed to release 161 detainees. Roughly half (78) were set free on 20 October with help from UNMOT.1 

  • 1. "Report of the Secretary-General on the Situation in Tajikistan," United Nations (S/1997/859), November 5, 1997.
1998

Minimum Implementation

In January of 1998, Tajikistan’s Prosecutor General dropped all charges against UTO leaders, but did not issue a blanket amnesty for all UTO fighters.2  It was reported at this time that the CNR reviewed 1,370 cases and referred them to the government by May of 1998. By the end of 1998, only 399 were given amnesty.3 

  • 2. "Chronology," in Politics of Compromise: the Tajikistan Peace Process, eds. K. Abdullaev and C. Barnes (London: Conciliation Resources, 2001), Accord 10: 82-87.
  • 3. "Report of the Secretary-General on the Situation in Tajikistan," United Nations (S/1998/374), May 6, 1998.
1999

Full Implementation

By the end of 1999, the government had granted amnesty to approximately 5,000 UTO fighters, although a small number of UTO fighters remained in prison in the Gorno-Badakhshan Autonomous Oblast.4  

  • 4. "Country Reports on Human Rights Practices- 2000- Tajikistan," U.S. State Department, 2001.
2000

Full Implementation

No further developments observed.

2001

Full Implementation

No further developments observed.

2002

Full Implementation

No further developments observed.

2003

Full Implementation

No further developments observed.

2004

Full Implementation

No further developments observed.

2005

Full Implementation

No further developments observed.

2006

Full Implementation

No further developments observed.