Analysis and comments
THERE WERE THREE DAYS LEFT BEFORE THE COUP. Interview of Sharifi Hamdampur with the judge who banned the IRPT activity
The decision of the Supreme Court of the Republic of Tajikistan on banning the activity of the IRPT and on its recognizing it as terrorist and extremist organization became the reason for the meeting of supporters of this party in the cities of Berlin and Warsaw. Did the Supreme Court of the Republic of Tajikistan have the legal basis for the adoption of this decision or this action was carried out within the framework of a political initiative? To receive a response to this question, the weekly “Tajikistan” with an official letter appealed to the Supreme Court of the Republic of Tajikistan. Azizov Shams Odinaevich, the judge of the Supreme Court, who adopted the decision of the court on recognizing IRPT as terrorist and extremist organization, expressed his readiness to answer to the questions of the “Tajikistan” columnist.
– There was not made any haste in this work. Depending on each disputed issue, the views will be different, but when it comes to regulatory and legal decisions, no one can give them the correct assessment. Especially, in the case when the analysis and evaluation get political and inciting character. Its proof we see and hear in constant speeches, which sound in different stands. These thoughts and opinions consist of adventurist appeals, their main goal is the distortion of truth. The claims are unreasonable, and have no evidence and no legal basis. At that time, in discussion of such topics we should lean on the legal aspects of the issue. In accordance with Article 8 of the Constitution of the Republic of Tajikistan, public organizations and political parties will establish and operate within the framework of the Constitution and laws. The establishment and activities of public organizations and political parties that promote racism, nazism, enmity, social and religious hatred, or call for overthrowing by force the constitutional structure and the creation of armed groups, is prohibited.
The IRPT was established on December 4, 1991 abroad and started its activity in the country. That is, on that period, a group using its constitutional rights united and formed the political party. But the further process of their political efforts, more precisely the action and the behavior of their leadership has shown that their intentions are not pure. The examination of the case showed that they are toys in the hands of others and are controlled from abroad. They carried out their party activities based on the instructions and orders of strangers.
Independently of this, on the margin of the signing of the General Agreement on the Establishment of Peace and National Accord in Tajikistan, according to the decision of Presidium of the Supreme Court of the Republic of Tajikistan dated August 12, 1999, the IRPT activity was re-enabled in the Republic of Tajikistan and registered in the Ministry of Justice on September 28, 1999. The party had to act in accordance with its charter – the protection of political, economic and cultural independence of Tajikistan, the unity and territorial integrity of the republic, ensuring national unity and brotherly cohabitation of the peoples of Tajikistan.
– Of course not. It was the main reason of the prohibiting the IRPT activity by the Supreme Court
The coup – There are a lot of proofs, all of them are listed in criminal cases in relation to terrorist and extremist act of the IRPT members. Only for the last 5 years 45 IRPT members committed a series of serious and particularly grave crimes and in relation to their illegal acts final judicial decisions have been taken. 17 of them, who were involved in committing crimes of extremist and terrorist nature, such as the establishment of criminal organizations, participation in the extremist organization, public appeals for changing the constitutional order were taken to criminal liability.
During the investigation of the criminal case on killing 25 members of the military service of the Ministry of Defense of the Republic of Tajikistan in the Rasht valley (in 2010) by the members of the terrorist organization “Ansorullah Society” under the leadership Davlatov Alovuddin by nickname “Alii Bedaki” and Rahimov Abdullo by nickname “Mullo Abdullo” became clear that the leader of the IRPT department in Rasht district Davlatov Husniddin was personally involved in a terrorist organization and was arrested while receiving chemical substances for this group for preparing explosive devices. According to the decision of the Court of Dushanbe city, he was accused of involvement in criminal organizations from January 21, 2011, and was sentenced to prison for the term of 11 years and 6 months.
With irrefutable evidence it is proved that Davlatov Alovuddin was the most active organizer of terrorist and extremist organizations in the Rasht valley, under the leadership of Mullo Abdullo were carried out a number of collective terrorist acts against military structures and law enforcement officers. His and his colleagues’ acts were confirmed by the inspection of the scene, the material evidences, the testimony of victims and the conclusion of forensic examinations.
The leader of the IRPT department in Khorugh city Karamkhudoyev Sherik Elchibekovich was involved in the organized crime organization, and in July 2012 in mass riots that occurred in Khorugh city and its surrounding districts, using firearms – automat Kalashnikov and grenade offered an armed resistance to the representatives of authority. By the judgment of the Supreme Court dated May 10, 2013, he was sentenced to the prison for the term of 18 years for committing illegal acts, such as organizing and participating in mass riots, participation in criminal organization, illegal detention of firearms and using of manifestation of force dangerous to life in relation to the representatives of authority.
The leader of the IRPT regional department in GBAO Mahmadrizoev Sabzali on July 24, 2012 during armed attack to the law enforcement officers was neutralized and his automat Kalashnikov and Makarov pistol were seized. Mahmadrizoev’s active participation in terrorist acts was also confirmed by eyewitness testimony, video and other reliable proofs in the criminal cases.
The IRPT active members in Isfara city Sharipov Mukarramkhuja, Sharipov Mussayamkhuja and Tursunov Abdumubin on January 2008 have hided in their homes the members of the terrorist organization “Islamic Party of Turkistan” Qayumov Abdufattoh and Boboev Abdukholiq, who were wanted by the law enforcement agencies for committing murder of police officer and other particularly serious crimes and they themselves were also involved in this criminal organization. November 6, 2009 Sharipovs and A. Tursunov were arrested and by the judgment of the Court of the Sughd province were sentenced to the prison.
On August 11, 2015, ten residents of Norak city have hung the flag of the terrorist organization “Islamic State” on the bridge of Chashma-1 village of Norak city. The investigation identified that five of them, namely Saidov D., Fozilov D., Pirov Q., Khojamurodov T. and Abdulloev J. were the members of the IRPT who committed these acts for inciting political and religious hatred and enmity, violating public security, and intimidating population. In these illegal acts Manonov Qurbon, the leader of the IRPT in Norak city had a direct contact. The above named were found guilty by a judgment of the Court of Khatlon province and were sentenced to the prison for various terms.
– The process of case investigation proved that the IRPT leadership was not only aware of it, but also guided it. If it is not so, then why it did not judge their act? I can say more than that.
Muhiddin Kabiri, other members of the IRPT top leadership, former Deputy Minister of Defense of the Republic of Tajikistan Nazarzoda Abduhalim Mirzo at the expense of former fighters of the united opposition forces and deceived youth have created more than 20 criminal groups, each of which consisted of 15-30 people. According to the developed plan, these groups were obliged to commit an armed attack on the most important state facilities and take their activities under their control. In the course of investigation of this criminal case the developed plan of the attack of these criminal groups on the most important state facilities were founded in the cabinets of the deputies of the chairman of the IRPT Hisainov Umarali Fatohovich and Haitov Mahmadali Rahmonovich, located in Borbad Street-1, Dushanbe city. According to this plan, an armed group of 40 people should have attacked on the building of Kasri Millat from two sides, a group of 25 people – on the building of the Executive Office of the President of the Republic of Tajikistan, a group of 30 people – on the building of the Ministry of Internal Affairs on three sides, a group of 25 people – on the building of the State Committee for National Security from three sides, a group of 40 people – on the Airport of Dushanbe city and other criminal groups – on the buildings of the Ministry of Defense, the Department for Combating Organized Crime of the Ministry of Internal Affairs of the Republic of Tajikistan, the Committee on Television and Radio, the First Television Channel “Tajikistan”, the Television “Bahoriston” and the Main Department and departments of the Ministry of Internal Affairs in the districts of Dushanbe city and the departments of the MIA in Vahdat city. Can this not be the basis for banning of the IRPT’s activities?
– On one side the testimony of Jalov cannot be the basis for the adoption of judicial decision. But as IRPT members drew all attention to this recording, I would like to say something about it. See, even they falsificate the content of this recording and want to make them according to their desires. A. Jalov nowhere did say that “IRPT has not been involved in the coup”. But in response to the question of Abduqahhori Davlat he answered literally so: “I cannot answer as a Deputy Chairman of the SCNS RT, today I am a citizen along with you and as a citizen I say that “I do not know”” (). “I do not know” is different from “IRPT has not been involved in the coup” from earth to heaven. However, A. Jalov himself had no right to give such an answer as former security body employee and as a former Deputy Chairman of the State Committee for National Security of the Republic of Tajikistan. Jalov himself took part in the trial and the court decision was adopted after several months of his resignation. In addition, he himself was taken hostage by Nazarzoda A. Then how “he does not know”. Such events are thoroughly assessed by the law. In the judge’s conclusions, the documents and testimony of the chairman of the State National Security Committee cannot even play a role. We rely only on facts in the legal assessment.
The legislation provides that “the evidence in the criminal case are considered factual information on the basis of which, in the manner prescribed by Code of Criminal Procedure RT, the court, the prosecutor, the investigator, the inquirer determine the existence or absence of a socially dangerous act, the proof or unprovenness of the commission of this act and other circumstances relevant to the proper resolution of the case (Article 72 of the Code of Criminal Procedure) “. What other fact is needed?
There are a lot of reasons for recognition of the IRPT as a terrorist and extremism organization. The words of Kabiri “You have no proof” are the words that others have placed in his brain.
What more proofs are needed for him and his foreign patrons? I will give you another direct example: in the course of the preliminary investigation of the criminal case on the events of September 4, 2015, by audio and video recordings and testimony of eyewitnesses it was proved that on September 1, 2015, the son of Kabiri – Tillozoda Ruhullo Muhiddin and the driver of Kabiri – Sayfov Hikmatullo Teshaevich having invited the husband of the sister of the wife of M. Kabiri to their home at the address: Khairullo Mirzoyev street, crossing street 3, house 69, convey to him the orders of his father that he have to go to the building of CJSC “Binokorservis” (M. Kabiri’s company) and say to citizens Narzulloev Jamshed Ismatulloevich, a native of Faizabad district, the son of aunt of M. Kabiri, Director of CJSC “Binokorservis” and Rahmatulloev Mahmadali Teshaevich, the brother of the wife of M. Kabiri, the head of personnel department of this company to collect all of their money. On September 2, 2015, R.M. Tillozoda along with Sayfov H.T. goes to the CJSC “Binokorservis”. He takes the sum in the amount of 400 thousand US dollars and 200 thousand TJS from J. Narzulloev and M.T. Rahmatulloev and in the presence of three witnesses opening the safe belonging to him, takes out of the safe 1 million and 180 thousand TJS. Then he calls Nazarzoda A. M. and informs that by order of his father he collected an amount equal to 1 million 200 thousand US dollars, which he must transfer to him. After a telephone conversation, R.M. Tillozoda and H.T. Saifov by car “Toyota Corolla” with state number 7288 SA01 bring this sum to the home of A. Nazarzoda and give them to him.
Namely after receiving this amount on the night of 3 to 4 September 2015, the criminal group of A.M. Nazarzoda according to the developed criminal plan, tried to commit serious and especially serious crimes, as well as attempted of a state coup.
A.M. Nazarzoda and his criminal group illegally entered to the administrative building of the Ministry of Defense and military unit No. 17651, and in these facilities they seized firearms, military uniforms and ammunition to arm the members of the criminal group. They took hostage the Deputy Minister of Defense and the commander of military unit No. 08050. They armed more than 150 members of the criminal group in the area of the former “Khlebzavod” (“bread-baking plant”) with firearms – Kalashnikov, machine guns, grenade launchers, SVD and other military equipment. At the same time, they illegally entered to the military units 08050 and 17651 of the Ministry of Defense and seized a total of 180 AK firearms, 9 grenade launchers, 5 SVD units and 8 PKK firearms.
Then, the members of the criminal organization committed an armed attack on the law enforcement officers of the country, who carried out their duties to ensure the security of the state and citizens on the territory of Dushanbe city, Rudaki district and Vahdat city. As a result, ten law enforcement officers D.Kh. Sadulloev, R.H. Oripov, D.G. Buriev, A. Jobirov, I. Pirov, N.A. Karimov, Sh.M. Sharipov, D.G. Yurov , M.Sh. Hasanov and M.S. Saidov were killed, and seven more seriously injured.
In total, in this operation, which was organized by Nazarzoda nearly 50 people were killed. Those killed were the sons of the Tajik people.
– Can not the above examples be proof? I will give one more direct example: in the course of the search of the cabinets of the central office of the IRPT, more than 30 party leaflets containing public appeals for extremist and terrorist activities and a state coup were confiscated The text of one of them reads: “Be tolerant and wait! That day is not far off when the sun of our revival will break the dark cloud of darkness and its life-giving divine rays will give the people of Tajikistan new strength. There are three or four days left. Just be ready. As soon as it starts, join us. We dunk these bloodsuckers in their own blood. We have everything … militaries, civil and politicians. The Islamic world supports us. Inshaallah, the victory is ours…”.
There are more facts that testify the illegal acts of the IRPT. The simplest example, they acted against the law on the regulation, which plays an important role in the social life of our country, gave food in mosques and conducted anti-government propaganda. The Ministry of Justice has repeatedly warned the IRPT on this issue. But since the goals were different, they did not pay attention, ignored it and directed the public opinion against the government, made every effort to destroy the national unity, sovereignty, independence and public security in Tajikistan by committing extremist and terrorist acts.
– How not recognized? After the decision of the Supreme Court (September 29, 2015 – ed.), on January 29, 2016, the Regional Anti-Terrorism Structure of the Shanghai Cooperation Organization (RATS SCO) in accordance with a Single list of terrorist, extremist and separatist organizations whose activities are banned on the territory of the SCO member states, included the IRPT (No. 79) in the list of terrorist organizations.
On June 8, 2016, the meeting of the Committee of Secretaries of the CSTO Security Council that was held under the chairmanship of Armenia in Yerevan agreed the list of organizations, which recognized as terrorist and extremist in the CSTO member states and included the IRPT in the ranks of terrorist organizations such as Al-Qaeda, ISIS, “Ikhwan al-Muslimin”, “Ansarullah, and etc.
Also, the CIS Anti-Terrorist Center included the IRPT as a terrorist and extremist organization into the joint database of information on the fight against organized crime.
According to the Article 1 of the Declaration “On the taking measures for elimination of international terrorism” adopted by the UN General Assembly No. 49/60 dated December 9, 1994, Article 5 of the Council of Europe Convention “On Prevention of Terrorism” dated May 16, 2005, the laws of almost all European countries on the fight against terrorism and extremism, the IRPT movement and action corresponded to the fact that the party was recognized as a terrorist organization. But some countries and organizations refer to it by saying “one roof and two skies”. I am not a politician, but I would like to mention one point: geopolitic games and protecting interests by the majority of these countries led to the emergence of a policy of double standards..
If such a crime is committed in the European countries, instantly faces a stronger response of the competent authorities and the most severe penalties are applied to criminal elements. But as we see, within their interests, these countries do not even turn away from the support and patronage of terrorist actors. Namely the double standards relations with terrorism faced the people of Afghanistan, Syria, Iraq with the worst tragedies. Here they play with the destinies of the peoples.
Remember the documentary film of the Ministry of Internal Affairs. There are irrefutable facts and evidence about the involvement of the special service of a foreign country in the terrorist acts committed by the IRPT members. But since the relationship, as I mentioned above, two-standard, they put their interests higher than the mutually beneficial relationship, now they are not here to accept their mistakes and to look for new ways to improve ties. Similarly, we see on the forums that are being held in the European countries with the participation of the IRPT.
– These IRPT supporters should get acquainted with criminal cases. They are played with the tail of a snake, but still did not feel the poison of the snake’s sting. I say this as a judge who investigated the IRPT case. The existence of the IRPT is a tragedy for the people and the state of the Tajiks.
– Did those facts, which I mentioned above, indicate that the decision was taken under the influence? With these facts and more than a dozen of other facts, if you close the IRPT 100 times, this will still be small.
– When there is evidence, there is no place for fear. The act that we adopted came into force by law. If this is unfair, then why do not they complain? International organizations have contacted us about this, we answered them, and they fell silent.
– The trial was held free and in open doors. More than 70 journalists took part in it. Unfortunately not all journalists have written reality objectively. Today such efforts are also continuing. All intentions of the IRPT terrorists and their patrons are aimed at spreading prejudiced and deceitful information, attracting the attention of the international community to themselves, muddying the influence of our national statehood.