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Staff ABA Rule of Law Initiative Home / ABA Rule of Law Initiative News / Europe and
Eurasia News /
ABA ROLI Annual
Award Tajik Advocates Trained in Trial Advocacy Skills and Defense Strategy
Contact Us
September 2009
Program Areas
Africa
Asia
Europe and Eurasia
Latin America
and the Caribbean
Middle East and
North Africa

The two-day training addressed provisions of Tajikistan’s criminal procedure code and
access-to-counsel issues.

On August 13 and 14, Nick Hentoff, ABA Rule of Law Initiative (ABA ROLI) long
term legal specialist, conducted a two-day interactive trial advocacy skills training for
30 Tajik advocates. The seminar focused on increasing local advocates’ awareness
of the benefits of the adversarial system and how its elements can be incorporated
into legal practice under the existing Tajik criminal procedure code. The training also
was designed to prepare participants for pending changes to the code, which are
expected to introduce some adversarial elements into Tajikistan’s criminal justice
system in the near future. Mr. Hentoff used interactive techniques and a custom
case file that allowed for small group exercises and group presentations to
encourage discussion. The strategic thinking exercises included elements of
developing case theory, defense investigation and motion practice.

There were several notable exchanges during the training, underscoring the need for
education about the code. For example, there is not a tradition of defense
investigation under the inquisitorial system, thus making the topic a sensitive one.
Several advocates claimed that Tajik law prohibited them from including defense
investigation in exculpatory or mitigating evidence. The training addressed provisions
of the Tajik criminal procedure code, including those that allow for defense
participation in pre-trial procedures. Discussions included the problems of potential
intimidation and retaliation by investigators and prosecutors, along with possible
solutions and safeguards for advocates. Additionally, a discussion was held on the
Tajik code’s generous mitigation provisions. A thorough defense investigation into
mitigating factors is necessary for the advocate to take advantage of these
provisions, which can benefit the client at sentencing.

A portion of the second day was devoted to access-to-counsel issues, a serious

problem in Tajikistan. The Tajik Constitution, which allows for immediate and
unfettered access to counsel for criminal defendants, is contradicted by a provision
of the criminal procedure code that requires an advocate to obtain written consent
from a prosecutor or a judge to visit clients in detention. Investigators have abused
this provision to hamper advocates’ pre-trial access to their detained clients—
sometimes investigators even require written permission for each visit. Mr. Hentoff
gave a presentation on the prevailing international access-to-counsel standards. This
was followed by a presentation by Tajik Advocate Alisher Majitov, during which he
outlined his plans to file a case in the constitutional court to challenge laws and
practices which impede defendants’ access to counsel.

These issues were further discussed during a round table. Some participants shared
tips for overcoming these obstacles, while a former investigator (retired investigators
often become advocates in Tajikistan) offered his insights, which led to a robust
discussion of these practices and possible solutions. The training concluded with
several advocates offering to collaborate with Mr. Majitov on the preparation and
presentation of his case.

To learn more about the ABA Rule of Law Initiative’s programs in Tajikistan, contact
rol@staff.abanet.org.

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