THE DECISION OF THE SUPREME COURT OF TAJIKISTAN ON ANNOUNCING THE IRPT AS AN EXTREMIST AND TERRORIST ORGANIZATION
DUSHANBE, 30.10.2017 /NIAT “Khovar”/. On September 29, 2015 the Supreme Court of the Republic of Tajikistan had recognized the Islamic Renaissance Party of Tajikistan as an extremist and terrorist organization and banned its activities. We provide the full text of the court’s decision to our readers:
The Decision on behalf of the Republic of Tajikistan.
The Supreme Court of the Republic of Tajikistan consisting of the Chairman Azizov Sh.O., under the secretary Iskandarova M., in the presence of the prosecutor Raufov F.Kh., representatives of the Ministry of Justice of the Republic of Tajikistan Karimova R. B, the Communication Agency under the Government of the Republic of Tajikistan Atoyev I.J., Ministry of Culture of the Republic of Tajikistan Safarov D.Sh., Committee on religious affairs, regulation of the national traditions, celebrations and ceremonies of the Government of the Republic of Tajikistan Shokirov H.Z and the Tax Committee under the Government of the Republic of Tajikistan M. Melikov, Mirziyoev H at the public hearing in the building of Supreme Court on September 29, 2015, after consideration of the civil case on the application of the Prosecutor General of the Republic of Tajikistan in favor of the Republic of Tajikistan on recognition of the Islamic Renaissance Party of Tajikistan as an extremist-terrorist organization, termination of the party’s activities and its liquidation, stoppage of the publication of the newspaper Najot , closing the Internet website of the Islamic Renaissance Party of Tajikistan and the prohibition of the import and distribution of audio and video recordings, newspapers and literature and party flyers,
Determined
The Prosecutor General of the Republic of Tajikistan, in order to protect the interests of the Republic of Tajikistan, applied to the court for the recognition of the Islamic Renaissance Party of Tajikistan as an extremist-terrorist organization, termination of the party’s activities and its liquidation, stoppage of the publication of the newspaper “Najot”, blocking the Internet website of the Islamic Renaissance Party of Tajikistan and the prohibition of the import and distribution of audio and video recordings, newspapers and literature and party flyers was justified by the fact that, according to the norms of the Constitution of the Republics of Tajikistan — Tajikistan is a sovereign, democratic, legal, secular, unitary and social State, creates the conditions for a worthy life and free development of each person.
Life, honor, dignity and other natural human rights are inviolable, and the state recognizes, respects and protects them.
According to Article 42 of the Constitution of the Republic of Tajikistan, everyone is obliged to observe the Constitution and laws, respect the rights, freedom, honor, and dignity of other people in Tajikistan.
Tajik citizens have the right to associate. A citizen has the right to participate in the creation of political parties, and voluntarily enter into and exit from them.
According to Article 8 of the Constitution of the Republic of Tajikistan, public associations and political parties are established and operate within the framework of the Constitution and laws. The creation and activities of public associations and political parties that promote racial, national, social and religious hostility or call for the violent overthrow of the constitutional order and the organization of armed groups are prohibited.
In the Republic of Tajikistan, the Islamic Renaissance Party of Tajikistan (hereinafter referred to as the IRPT) was established and is operational from December 4, 1991.
Due to the unstable situation from 1992 to 1997, the IRPT continued to operate on the territory of the Islamic Republic of Afghanistan, and after the conclusion of the General Agreement on the Establishment of Peace and National Accord in Tajikistan of June 27, 1997, on the basis of the decision of the Supreme Court of August 12, 1999, year, the activities of the party was permitted on the territory of the Republic of Tajikistan, and September 28, 1999, registered with the Ministry of Justice, and then on October 15, 2003, political party was re-registered
In spite of fact that the main purpose of the creation of the IRPT was the political, economic and cultural independence of Tajikistan, the protection of cohesion and territorial integrity of Tajikistan, the protection of peace consolidation, ensuring national unity and fraternal co-existence of the peoples of Tajikistan, etc., but in the last 5 years its members take the path of violation of the law, a large number of crimes are extremist and terrorist nature of the population, including through the media stirred up Mr. contentment and provocation, hostility and dislike, and these actions have led to violations of the calm life of citizens and public safety threats to the constitutional order, the security, and sovereignty of the Republic of Tajikistan.
Including, only during the last 5 years 45 members of the IRPT have committed various serious and especially serious crimes, in respect of 34 members for illegal actions, final judicial decisions were adopted.
17 members of the IRPT in connection with involvement in extremist and terrorist crimes, such as participation in extremist associations, a public call for violent overthrow the constitutional form of government of the Republic of Tajikistan and stirring up the religious animosity.
During this period, members of this party are considered to be involved in the murders of dozens of innocent citizens of the Republic of Tajikistan.
Thus, during the investigation of the criminal case on the murder of 25 servicemen of the Ministry of Defense of the Republic of Tajikistan in the Rasht Valley in 2010 by members of the terrorist organization «Chamiyati Ansorullah» under the leadership of Davlatov Alovuddin, nicknamed «Ali Bedaki» and Rakhimov Abdullo named «Mullo Abdullo» was established that the Chairman of the IRPT in the Rasht district Davlatov Husniddin joined this terrorist association of Davlatov’s brother Alovuddin, was detained while extracting chemical substances for the manufacture of explosives for this group, was convicted on the verdict of the court of the city of Dushanbe on January 2, 2011 for participation in the criminal community and was sentenced to imprisonment for 11 years and 6 months.
Analyzes showed that the members of this party operated in most regions of the country, and contribute to destabilize the political situation and incite national hatred and enmity.
Thus, the chairman of the IRPT sector in Khorog city Karamkhudoev Sh.E. joined the organized crime community in July 2012, took part in the public unrest that occurred in the city of Khorog and its surrounding areas, and with the use of firearms — the Kalashnikov assault rifle showed an armed confrontation with the authorities.
According to the Supreme Court’s judgment of May 10, 2013, Karamkhudoev Sh.E. was deprived of liberty for a period of 18 years for organizing unlawful acts, that is, organizing and participating in public commotions, participation in a criminal community, illegal possession of firearms and the use of violence dangerous for health against government officials.
Head of the department of the regional IRPT in GBAO Mahmadrizoev Sabzali on July 24, 2012, died in an armed attack on the representatives of the law enforcement body, he found and seized the Kalashnikov assault rifle and the Makarov pistol.
On January 2008 the active members of the IRPT in Isfara city Sharipov Mukarramkhuja, Sharipov Mussayamhudzha and Tursunov Abdumubin for several days hidden in their home members of the terrorist organization of the Islamic Party of Turkestan Kayumov Abdufatto and Boboev Abduholik, who were armed with firearms and were wanted by law enforcement for the murder of an officer and a number of other particularly serious crimes, and provided them with accommodation and meals, and themselves entered into this criminal community. Then on November 6, 2009, the Sharipovs and Tursunov A. were sentenced by the Sughd region court for committing criminal acts.
Also on August 11, 2015, 10 residents of the city of Norak on the bridge of the village of Chashma-1 in Norak hung the flag of the extremist-terrorist organization of the Islamic state. The investigation showed that 5 people from this group, that is, Saidov D. Fozilov D., Prior K., Khodjamurodov T. and Abdulloev J. were members of the IRPT, carried out these actions to stirring the political and religious enmity and hatred, destabilization of public peace and instilling fear among the population. Manonov Kurbon, the head of the IRPT in Nurek had a direct communion in these illegal actions, Preliminary investigation to criminal cases in relation to the abovementioned persons continues.
Also, the criminal case on the circumstance of hanging the flag of the Islamic state in the Shahritus area is under the investigation.
The Chairman of the IRPT, Mukhidin Kabiri, on a preliminary conspiracy with other members of the IRPT Supreme Board from 2010 to the present time, through the main IRPT newspaper Najot and other media, regularly published information and articles that stirring the national and religious conflicts and propagated and agitated among the population the spirit of hatred and oppose against economic, social, cultural and religious policies of the state and the constitutional Government of the Republic of Tajikistan.
For the purpose of seizing and thus preserving power and overthrowing the constitutional order in the Republic of Tajikistan, which is contrary to the Constitution of the Republic of Tajikistan, Mukhiddin Kabiri and other members of the Supreme Management of the IRPT, in preliminary agreement with former deputy Minister of Defense Nazarzoda Abdukhalim Mirzo, created more than 20 criminal groups consisting of the former military opposition member that include 15-30 person.
To fulfill their goals created criminal groups according to the plan were obliged to make an armed attack on especial important state objects, and subordinate their activities under the law.
According to this plan, the following armed attacks were to be carried out: a group of 40 armed men on both sides of the Palace of the Nation should, a group of 25 people to the executive apparatus of the President of the Republic of Tajikistan, a group of 30 people from three sides of the Ministry of Internal Affairs of the Republic of Tajikistan, one group of 25 person from three sides of the State Security Committee of the Republic of Tajikistan, a group of 40 persons to the Dushanbe City Airport and other criminal groups to the buildings of the Ministry of Defense, Organized crime of the Ministry of Internal Affairs of the Republic of Tajikistan, the Committee for Broadcasting, the First TV Channel of Tajikistan, the TV «Bakhoriston», the Departments and Departments of the Ministry of Internal Affairs in the districts and the city of Dushanbe and the Departments of the Ministry of Internal Affairs in the city of Vahdat.
The made plan of attacks of this criminal group on the above-mentioned important state facilities was found and seized during the investigation of the criminal case from the offices of the vice-chairperson of the IRP Khisainov Umarali Fatokhovich and Khaitov Mahmadali Rakhmonovich, located at 1, Borbad Street, Dushanbe, Dushanbe.
Also, during the search in the office of the central building of the IRPT, 30 units of party brochures were found which had the character of a public appeal for extremist and terrorist activities «Brothers in Nakhzat! And, in general, all those who support the Party of Islamic Revival of Tajikistan !!! » According to this text, the Supreme Management of the IRPT in its appeal stated the following: «Be patient and wait. The day is not far off when the sun of our nahzat will tear up a gloomy cloud of darkness and its life-giving divine rays will impart fresh forces to Tajikistan. Our valiant brothers take all the measures Three or four days remain. Be ready. As it starts, join us. All that you have is taking with you. These bloodsuckers we drown in their own blood. We have both fighters and politicians, and those in power. The Islamic world will support us. Inshallah the victory on our side! Come with us. We will root out this regime. The hour of victory will come. Be with the IRPT. »
The current government, the chosen policy of the Government of the Republic is presented as an «anti-religious and cruel regime,» in this leaflet that proves that the IRPT is opposed to today’s state policy and its aim is to destabilize the political situation in the country and overthrow the constitutional order.
To this end, on the night of September 3 to September 4, 2015, the said persons, according to their drawn criminal plan proceeded to commit serious and especially serious crimes.
Thus Nazarzoda A. M, abusing the official position of the Deputy Minister of Defense, as one of the leaders of the criminal community, together with a group of his supporters consisting of 12 civilians disarmed the duty checkpoints of the Ministry of Defense and military unit No. 17615, Illegally entered the administrative building of the Ministry of Defense and military unit No. 17615, captured firearms, military uniforms and ammunition in the above objects to arm members of the criminal Society.
Continuing its criminal actions, Nazarzoda A.M. and his accomplices in the Ministry of Defense illegally imprisoned the Deputy Minister of Defense of the Republic of Tajikistan, Major-General Saidzod Bobodzhon and the commander of the military unit No. 085050.
At the indicated time, more than 150 members of the criminal community, on behalf of and under the direct leadership of Nazarzoda AM, gathered in a predetermined area of the former «Khlebzavod», located in Dushanbe along A. Danish Street 55, owned by Nazarzad A.M. , were illegally armed with firearms: AK guns, machine guns, grenade launchers, sniper rifles of SVD and other ammunition.
Also Nazarzoda A.M together with other members of his criminal group, abusing his official position and for the purpose of illegal arming of the remaining members of the criminal community, went to military units No.8050 and No. 17651 of the Ministry of Defense of the Republic of Tajikistan, where they seized a large number of arms and ammunition, including 180 firearms AK of different brands, 9 grenade launcher units, 5 SVD units and 8 PKK units.
Then Nazarzoda A.M and other members of the criminal community committed an armed attack on the territory of the city of Dushanbe, Rudaki district and the city of Vahdat against law enforcement officers of the country who were in the performance of their official duties to ensure the security of the state and citizens.
Using grenades, committed explosions, which resulted in the death of law enforcement officers Sadulloev D.H., Oripov R.H., Buriev DG, Jobirov A., Pirov I., Karimov N.A., Sharipov S.M., Yurov D.G., Hasanov M.Sh. And Saidov M.S. (10 people), 7 others were seriously injured and hospitalized.
According to the present circumstances, the criminal cases were initiated under articles 179, 1791-1703, 189, 306, 307, 3071-3074 of the Criminal Code of the Republic of Tajikistan and preliminary investigations are continuing.
Other committed crimes by members of the IRPT are directed against sexual freedom and sexual inviolability, family and minors, public order and morality, these actions were also committed by representatives of the IRPT management team, as a member of the Council of the Supreme Presidium and the chairman of the IRPT, Said Ibrokhim Nazar and others.
Adviser of the chairman of the IRPT on political issues and at the same time a member of the Central Election Commission and referendum of the Republic of Tajikistan Makhmudov Jaloliddin Burkhoniddinovich, in a preliminary conspiracy with a group of people, illegally stored a large number of firearms, ammunition and explosives for many years which were found and seizure by the law enforcement bodies on February 9, 2015, and the abovementioned person and charged with criminal offence .
Despite the numerous circumstances of committing obscene and immoral actions by members of the IRPT, the IRPT leadership did not exclude any of them from their party and formally condemned them for these shameful acts and the above crimes and never published a statement of inadmissibility of committing extremism and terrorism that is topical question of a world society, and has not taken any measures on propagation and propaganda of the given question.
These inactions witnessed about the silent assent of the IRPT leadership on the indecent actions of party members and solidarity with extremist organizations.
While, according to the requirement of Article 3 of the Law of the Republic of Tajikistan «On Political Parties», under the term of political party is understood a public association the main task of this is to participate in the political life of the community through the formation of the political will of citizens and the exercise of power through its representatives.
Thus, the leaders and members of the IRPT spoke on behalf of the religion of Islam, but in its contradiction, seeking to undermine the national unity, integrity, sovereignty and social security in Tajikistan by carrying out extremist and terrorist actions.
These circumstances, as well as the refusal to participate in the solution of social, moral education and crime prevention, have led to a weakening of the authority of the IRPT in society, including among the party members themselves, many members voluntarily left the party’s membership and through numerous speeches in the media, and In the World Wide Web, they uncovered and condemned the illegal actions of the IRPT.
The process of withdrawal of the IRPT members is still ongoing, this community has lost the status of a political party whose conditions of existence, according to Article 3 of the Law of the Republic of Tajikistan «on Political Parties», have members in most cities and regions of the republic.
According to the requirement of Article 62 paragraph 2 of subsection 2 of the Civil Code of the Republic of Tajikistan, an entity may be liquidated by a court decision in the case admitted at its creation of gross violations of the law, if these violations have irremediable nature of the activity without appropriate (license), or any activity prohibited by law , the implementation of activities with other repeated or gross violations of the law, the systematic implementation of public organizations or religious (Unions), and public funds activities contrary to their statutory goals, in the case of revocation of the license, for which the implementation of the operations set out in the license is activity that only permitted kind of activity as well as in other cases provided by this Code and other laws.
On the elimination of violations in the activities of the IRP in 2014 and 2015 the Ministry of Justice of the Republic of Tajikistan repeatedly sent the notification to the party but the IRP leadership, despite the notification planned and continue criminal action to seize the constitutional power.
In addition, the IRPT’s activity as an extremist-terrorist organization is manifested in the fact that on its popular leaflets, on the official website at www.nahzat.tj, and also on the social network www.facebook.com, four pages under the title «Islamic Renaissance Party of Tajikistan, Islamic Revival Party of Tajikistan, Islamic Renaissance Party of Tajikistan and The Islamic Renaissance Party of Tajikistan, in the social network www.ok.ru five pages Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan and Islamic Renaissance Party of Tajikistan TJK , Islamic Renaissance Party of Tajikistan in Kumsangir and in the social network www.twitter.com at http://twitter.com/nahzatti disseminate the provocative news, that slandered both the establishment of the Republic of Tajikistan and law enforcement agencies, called for the overthrow the constitutional order of the Republic of Tajikistan.
According to the requirements of Part 1 of Article 10 of the Civil Code of the Republic of Tajikistan, actions of citizens and legal entities carried out with the intent to cause harm to another person, as well as the abuse of the right in other forms in cases stipulated by law are not permitted.
At the present time, the Republic of Tajikistan obtain the real independence and any calls for changing of constitution order could bring only to separatism, religious, confessional and national conflicts and create a real danger to the foundation of constitutional order, common values, and state safety.
According to the existing facts the main purpose of the Islamic Renaissance Party of Tajikistan to overthrow the constitutional order of the Republic of Tajikistan and attempt to the independence, national integrity, and national security.
According to the requirement of article 8 of the Constitution and article 4 of the Law of the Republic of Tajikistan “About political parties” establishment and activity of the public associations and parties which propagate racial, national, social and religious hostility or call for the violent overthrow of the constitutional order and organization of armed groups are prohibited.
Therefore the General prosecutor asking the court to recognize the Islamic Renaissance Party of Tajikistan as an extremist and terrorist organization, to ban the activity of this party in the territory of the Republic of Tajikistan and liquidate it as legal entity, to stop the work of party newspaper Najot , website of the party to ban the import and the distribution of audio and video recordings, newspapers and literature and leaflets of the party with the purpose of protection the fundamentals of constitutional order, independence, territorial integrity, security of the Republic of Tajikistan ,legal rights and interests of the citizens, prevention of extremists and terrorist activity , cases of inciting of the hatred and violence, military, racial, national, regional and religious conflicts, humbling of national honor and dignity
The attended prosecutor Raufov F.H fully supported the application of the General Prosecutor of the Republic of Tajikistan and asked the court to satisfy his application
Authorized representative of the Ministry of justice of the Republic of Tajikistan Karimova R.B fully supports the claim of the General Prosecutor and mentioned that according to the article 10 of the Law of the Republic of Tajikistan “About political parties ” the political party are liable to maintain the constitution of the Republic of Tajikistan and other legal acts of the Republic of Tajikistan.
During 2014 and 2015 the Ministry of justice of the Republic of Tajikistan had revealed the violation of the norm of Constitution of the Republic of Tajikistan and the Law of the Republic of Tajikistan “About parties”, law of the Republic of Tajikistan “About regulation of national traditions and ceremonies in the Republic of Tajikistan” and their Charter and repeatedly have send them notification. Despite this, the party didn’t eliminate the revealed violations.
The present party act as an extremist organization and its members propagate the population against the constitutional order of Tajikistan and incited hatred and violence.
Every Friday the office of the party conducted the Friday praying (namaz) and after that sometimes were organized the dinner that contradicts to the requirements of the legal acts.
The Ministry of justice received 76 acts and minutes from primary structures of the Islamic Renaissance Party of Tajikistan from 58 cities and regions of the Republic about the liquidation of the party in regions.
Despite that the Ministry of justice of the Republic of Tajikistan had sent the management body of the party the written notification of the cancellation of the illegal activity, the party didn’t consider this notification against the clause of 2.4 of the Party charter.
Leave out of consideration of the present acts and put obstacles on the realization of the constitutional rights of the citizen who were the member of the party is contradict to the requirements of article 28 of the Constitution of the Republic of Tajikistan.
During five years of party, activity was observed that the leaders and active members of the party committed the extremist and terrorist crimes and stirring the dissidence and hostility and hatred through the mass media, threatened to the safety and independence of the Republic of Tajikistan.
Therefore she asked the court to recognize the Islamic Renaissance Party of Tajikistan as extremist and terrorist organization, to ban the activity of this party in the territory of the Republic of Tajikistan and liquidate it as legal entity, to stop the work of party newspaper Najot , website of the party to ban the import ban and the distribution of audio and video recordings, newspapers and literature and leaflets of the party.
The authorized representative of the Committee of religion, regulation of traditions and ceremonies under the Government of the Republic of Tajikistan Shokirov H.Z support the claim of the General Prosecutor of the Republic of Tajikistan and mentioned that during five years of the Islamic Renaissance Party of Tajikistan activity the Committee revealed a number of violations.
In 2010 the Committee find out that the Islam Renaissance Party of Tajikistan violate the requirements of part 1 and 3 of the article 20 of the Law of the Republic of Tajikistan “Freedom of conscience and religious associations” didn’t observed the established order of organization and conducting of the religious ceremonies in the building of their office and conducted washing, praying , traditional and religious ceremony in illegal places.
The management body of Islamic Renaissance Party of Tajikistan every week conducted the Friday pray for 600 members.
It was found out that in 2012 the Islamic Renaissance Party of Tajikistan in contradicts to the law conducted illegal mass religious propaganda in the building of the party. In order to stop this violation, the Committee has sent the written notification to the Islamic Renaissance Party of Tajikistan.
Beyond that, the Islamic Renaissance Party of Tajikistan admit the violation in the field of “Freedom of conscience and religious associations”
It was found out that in the current year the Islamic Renaissance Party of Tajikistan violate the requirements of part 1 and 3 of the Law of the Republic of Tajikistan “Freedom of conscience and religious associations” and with commencements of the Ramadan regularly conducting the prayer (namaz) and organized dinner to the participants that witnessed about the violation of current legislation.
The representative of the Committee asked the court to satisfy the application of the General Prosecutor.
The authorized representative of the Ministry of culture of the Republic of Tajikistan Safarov D fully support the application of the General Prosecutor of the Republic of Tajikistan and mentioned that during 5 years of activity the leaders and active members of the party committed the extremist and terrorist crimes and stirring the dissidence and hostility and hatred through the mass media, threatened to the safety and independence of the Republic of Tajikistan.
He said that the management body and active members of the party conducted their activity in the most of the regions of the country and contributed to the escalation of the political situation and stirring of the hostility and hatred.
Therefore he asked the court to satisfy the application of the General Prosecutor.
The authorized representative of the Communication service under the Government of the Republic of Tajikistan Atoev I.J fully support the application of the General Prosecutor and mentioned that information and communication technology is developing with fast speed and gradually provide the more favorable possibilities and entering to the life of the population.
Increasing of the internet, social media, block, forum, microblogging and other users are in the high level and now more than 3,6 million population of the country connected with internet and unlimited using the different services.
As everybody knows one of the usual actions on the internet is transmission and acceptance of the information. Any time when the necessary video or other materials are requested on the internet, the computer of the service connects to the necessary service and response to the request. According to the common rules information exchange is conducted through a special technical minute.
But there are special devices and methods which in the result of technical action or automated regime could terminate illegal information.
In addition, the IRPT’s activity as an extremist-terrorist organization is manifested in the fact that on its popular leaflets, on the official website at www.nahzat.tj, and also on the social network www.facebook.com, four pages under the title «Islamic Renaissance Party of Tajikistan, Islamic Revival Party of Tajikistan, Islamic Renaissance Party of Tajikistan and The Islamic Renaissance Party of Tajikistan, in the social network www.ok.ru five pages Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan and Islamic Renaissance Party of Tajikistan TJK , Islamic Renaissance Party of Tajikistan in Kumsangir and in the social network www.twitter.com at http://twitter.com/nahzatti disseminate the provocative news, that slandered both the establishment of the Republic of Tajikistan and law enforcement agencies, called for the overthrow the constitutional order of the Republic of Tajikistan.
Therefore he asked the court to satisfy the application of the General prosecutor of the Republic of Tajikistan.
The authorized representative of the Tax Committee of the Government of the Republic of Tajikistan Melikov N and Mirziyoev H.I support the application of the General Prosecutor and mentioned that the Islamic Renaissance Party of Tajikistan violated the requirements of the article 10 of the Law of the Republic of Tajikistan “About political parties” and Tax code of the Republic of Tajikistan and was engaged in hidden of taxes.
In 2013 the present party as a taxpayer has hidden the tax payment for tax at the expense of profit of natural person, social tax and the simplified tax system on the total amount of 17000 somonis.
Therefore they asked the court to satisfy the application of the Prosecutor general because of admitted violation and liquidate the Islamic party as a legal entity.
The court hears the explanation of prosecutor, representatives of the Ministry of justice of the Republic of Tajikistan, Communication agency, Ministry of culture, Committee on religious affairs, regulation of the national traditions, celebrations and ceremonies under the Government of the Republic of Tajikistan, Tax Committee and conclusion of prosecutor, considered the case materials and come to decision to satisfy the claim of the prosecutor general on the following grounds.
According to the article 8 of the Constitution of the Republic of Tajikistan, the social life of Tajikistan develops on the basis of political and ideological pluralism
The ideology of any party, public and religious association, movement or group couldn’t be recognized as a state.
Public associations and political parties are created and operate within the framework of the Constitution and laws.
Religious associations are separated from the state and couldn’t interfere in state affairs.
The creation and activities of public associations and political parties that promote racial, national, social and religious hostility or call for the violent overthrow of the constitutional order and the organization of armed groups are prohibited.
As the court had established the Islamic Renaissance Party of Tajikistan was established on December 4, 1991, in the Republic of Tajikistan.
Due to the unstable situation from 1992 to 1997, the IRPT continued to operate on the territory of the Islamic Republic of Afghanistan, and after the conclusion of the General Agreement on the Establishment of Peace and National Accord in Tajikistan of June 27, 1997, on the basis of the decision of the Supreme Court of August 12, 1999, year, the activities of the party was permitted on the territory of the Republic of Tajikistan, and September 28, 1999, registered with the Ministry of Justice, and then October 15, 2003, political party was re-registered
Despite the fact that the main purpose of the creation of the IRPT was the political, economic and cultural independence of Tajikistan, the protection of cohesion and territorial integrity of Tajikistan, the protection of peace consolidation, ensuring national unity and fraternal co-existence of the peoples of Tajikistan, etc., but in the last 5 years its members take the path of violation of the law, a large number of crimes are extremist and terrorist nature of the population, including through the media stirred up contentment and provocation, hostility and dislike, and these actions have led to violations of the calm life of citizens and public safety threats to the constitutional order, the security and sovereignty of the Republic of Tajikistan.
Including, only during the last 5 years 45 members of the IRPT have committed various serious and especially serious crimes, in respect of 34 members for illegal actions, final judicial decisions were adopted.
17 members of the IRPT in connection with involvement in extremist and terrorist crimes, such as participation in extremist associations, a public call for violent overthrow the constitutional form of government of the Republic of Tajikistan and stirring up the religious animosity.
During this period, members of this party are considered to be involved in the murders of dozens of innocent citizens of the Republic of Tajikistan.
Thus, during the investigation of the criminal case on the murder of 25 servicemen of the Ministry of Defense of the Republic of Tajikistan in the Rasht Valley in 2010 by members of the terrorist organization «Chamiyati Ansorolloch» under the leadership of Davlatov Alovuddin, nicknamed «Ali Bedaki» and Rakhimov Abdullo named «Mullo Abdullo» It was established that the Chairman of the IRPT in the Rasht district Davlatov Husniddin joined this terrorist association of Davlatov’s brother Alovuddin, was detained while extracting chemical substances for the manufacture of explosives for this group, was convicted on the verdict of the court of the city of Dushanbe on January 2, 2011 for participation in the criminal community and was sentenced to imprisonment for 11 years and 6 months.
Analyzes showed that the members of this party operated in most regions of the country, and contribute to destabilize the political situation and incite national hatred and enmity.
Thus, the chairman of the IRPT sector in Khorog city Karamkhudoev Sh.E. joined the organized crime community in July 2012, took part in the public unrest that occurred in the city of Khorog and its surrounding areas, and with the use of firearms — the Kalashnikov assault rifle showed an armed confrontation with the authorities.
According to the Supreme Court’s judgment of May 10, 2013, Karamkhudoev Sh.E. was deprived of liberty for a period of 18 years for organizing unlawful acts, that is, organizing and participating in public disturbances, participation in a criminal community, illegal possession of firearms and the use of violence dangerous for health against government officials.
Head of the department of the regional IRPT in GBAO Mahmadrizoev Sabzali on July 24, 2012, died in an armed attack on the representatives of the law enforcement body, he found and seized the Kalashnikov assault rifle and the Makarov pistol.
On January 2008 the active members of the IRPT in Isfara city Sharipov Mukarramkhuja, Sharipov Mussayamhudzha and Tursunov Abdumubin for several days hidden in their home members of the terrorist organization of the Islamic Party of Turkestan Kayumov Abdufatto and Boboev Abduholik, who were armed with firearms and were wanted by law enforcement for the murder of an officer and a number of other particularly serious crimes, and provided them with accommodation and meals, and themselves entered into this criminal community. Then on November 6, 2009, the Sharipovs and Tursunov A. were detained and sentenced by the Sughd region court for committing criminal acts.
Also on August 11, 2015, 10 residents of the city of Nurek on the bridge of the village of Chashma-1 in Nurek hung out the flag of the extremist-terrorist organization of the Islamic state. The investigation showed that 5 people from this group, that is, Saidov D. Fozilov D., Pirov K., Khodjamurodov T. and Abdulloev J. were members of the IRPT, carried out these actions to stirring the political and religious enmity and hatred, destabilization of public peace and instilling fear among the population. In these illegal actions, Manonov Kurbon, the head of the IRPT in Nurek had a direct communion. Preliminary investigation to criminal cases in relation to the named continues.
Adviser to the chairman of the IRPT on political issues and at the same time a member of the Central Election Commission and referendum of the Republic of Tajikistan Makhmudov Jaloliddin Burkhoniddinovich, in a preliminary conspiracy with a group of people, illegally stored a large number of firearms, ammunition and explosives for many years which were found and seizure by the law enforcement bodies on February 9, 2015, and the abovementioned person and charged with criminal offence.
Other members of the party, member of the Council of the Supreme Presidium and the chairman of the IRPT, Said Ibrokhim Nazar committed crimes that directed against sexual freedom and sexual inviolability.
Despite the numerous circumstances of committing obscene and immoral actions by members of the IRPT, the IRPT leadership did not exclude any of them from their party and formally condemned them for these shameful acts and the above crimes and never published a statement of inadmissibility of committing extremism and terrorism that is topical question of a world society, and has not taken any measures on propagation and propaganda of the given question.
According to Article 6 of the Law of the Republic of Tajikistan «On the Periodical Press and Other Mass Media» it is prohibited to disseminate information containing state secrets or other information protected by law, information calling for the violent overthrow or alteration of the constitutional order, the commission of a criminal act, the incitement of racial, national , religious, linguistic hatred, propaganda for war, violence, terrorist and extremist activity, harming integrity and the independence of the state, as well as the propaganda and advertising of pornographic materials and information.
According to the requirements of Article 14 of the Law of the Republic of Tajikistan «On Combating Extremism», dissemination of extremist materials through the mass media is prohibited in the Republic of Tajikistan
To fulfill their goals, the criminal groups created according to the plan were obliged to make an armed attack on especially important state objects and subordinate their activities under the law.
According to this plan, the following armed attacks were to be carried out: a group of 40 armed men on both sides of the Palace of the Nation should, a group of 25 people to the executive apparatus of the President of the Republic of Tajikistan, a group of 30 people from three sides of the Ministry of Internal Affairs of the Republic of Tajikistan, one group of 25 person from three sides of the State Security Committee of the Republic of Tajikistan, a group of 40 persons to the Dushanbe City Airport and other criminal groups to the buildings of the Ministry of Defense, Organized crime of the Ministry of Internal Affairs of the Republic of Tajikistan, the Committee for Broadcasting, the First TV Channel of Tajikistan, the TV «Bakhoriston», the Departments and Departments of the Ministry of Internal Affairs in the districts and the city of Dushanbe and the Departments of the Ministry of Internal Affairs in the city of Vahdat.
The made plan of attacks of this criminal group on the above-mentioned important state facilities was found and seized during the investigation of the criminal case from the offices of the vice-chairperson of the IRP Khisainov Umarali Fatokhovich and Khaitov Mahmadali Rakhmonovich, located at 1, Borbad Street, Dushanbe, Dushanbe.
Also, during the search in the office of the central building of the IRPT, 30 units of party brochures were found which had the character of a public appeal for extremist and terrorist activities «Brothers in Nakhzat! And, in general, all those who support adherents of the Party of Islamic Revival of Tajikistan !!! » According to this text, the Supreme Management of the IRPT in its appeal stated the following: «Be patient and wait. The day is not far off when the sun of our nahzat will tear up a gloomy cloud of darkness and its life-giving divine rays will impart fresh forces to Tajikistan. Our valiant brothers take all the measures Three or four days remain. Be ready. As it starts, join us. All that you have is take with you. These bloodsuckers we drown in their own blood. We have both fighters and politicians, and those in power. The Islamic world will support us. Inshallah the victory on our side! Come with us. We will root out this regime. The hour of victory will come. Be with the IRPT. »
The current government, the chosen policy of the Government of the Republic is presented as an «anti-religious and cruel regime,» in this leaflet that proves that the IRPT is opposed to today’s state policy and its aim is to destabilize the political situation in the country and overthrow the constitutional order.
The Chairman of the IRPT, Mukhidin Kabiri, on a preliminary conspiracy with other members of the IRPT Supreme Board from 2010 to the present time, through the main IRPT newspaper Najot and other media, regularly published information and articles that stirring the national and religious conflicts and propagated and agitated among the population the spirit of hatred and oppose against economic, social, cultural and religious policies of the state and the constitutional Government of the Republic of Tajikistan.
For the purpose of seizing and thus preserving power and overthrowing the constitutional order in the Republic of Tajikistan, which is contrary to the Constitution of the Republic of Tajikistan, Mukhiddin Kabiri and other members of the Supreme Management of the IRPT, in preliminary agreement with former deputy Minister of Defense Nazarzoda Abdukhalim Mirzo, created more than 20 criminal groups consisting of the former military opposition member that include 15-30 person.
To fulfill their goals created criminal groups according to the plan were obliged to make an armed attack on especial important state objects, and subordinate their activities under the law
According to this plan, the following armed attacks were to be carried out: a group of 40 armed men on both sides of the Palace of the Nation should, a group of 25 people to the administration of the President of the Republic of Tajikistan, a group of 30 people from three sides of the Ministry of Internal Affairs of the Republic of Tajikistan, one group of 25 person from three sides of the State Security Committee of the Republic of Tajikistan, a group of 40 persons to the Dushanbe City Airport and other criminal groups to the buildings of the Ministry of Defense, Organized crime of the Ministry of Internal Affairs of the Republic of Tajikistan, the Committee for Broadcasting, the First TV Channel of Tajikistan, the TV «Bakhoriston», the Departments and Departments of the Ministry of Internal Affairs in the districts and the city of Dushanbe and the Departments of the Ministry of Internal Affairs in the city of Vahdat.
The made plan of attacks of this criminal group on the above-mentioned important state facilities was found and seized during the investigation of the criminal case from the offices of the vice-chairperson of the IRP Khisainov Umarali Fatokhovich and Khaitov Mahmadali Rakhmonovich, located at 1, Borbad Street, Dushanbe, Dushanbe.
Also, during the search in the office of the central building of the IRPT, 30 units of party brochures were found which had the character of a public appeal for extremist and terrorist activities «Brothers in Nakhzat! And, in general, all those who support the Party of Islamic Revival of Tajikistan !!! » According to this text, the Supreme Management of the IRPT in its appeal stated the following: «Be patient and wait. The day is not far off when the sun of our nahzat will tear up a gloomy cloud of darkness and its life-giving divine rays will impart fresh forces to Tajikistan. Our valiant brothers take all the measures Three or four days remain. Be ready. As it starts, join us. All that you have is taking with you. These bloodsuckers we drown in their own blood. We have both fighters and politicians, and those in power. The Islamic world will support us. Inshaallah the victory on our side! Come with us. We will root out this regime. The hour of victory will come. Be with the IRPT. »
The current government, the chosen policy of the Government of the Republic is presented as an «anti-religious and cruel regime,» in this leaflet that proves that the IRPT is opposed to today’s state policy and its aim is to destabilize the political situation in the country and overthrow the constitutional order.
According to the requirement of Article 16 of the Law of the Republic of Tajikistan «On combating extremism» on the territory of the Republic of Tajikistan, publication, and distribution of printed, audio, audio-visual and other materials containing at least one of the signs of extremism provided for in Article 3 of this Law shall be prohibited.
The above facts indicate that the goals and intentions of the Islamic Revival Party of Tajikistan are directed against today’s state policy, destabilization of the political situation and security of the country and the overthrow of the constitutional order.
According to the requirement of Article 3 of the Law of the Republic of Tajikistan «On political parties», the term political party is understood to mean a public association whose main task is to participate in the political life of the society through the formation of the political will of citizens, as well as the exercise of power through its representatives.
Leaders and members of the Islamic Renaissance Party of Tajikistan acted on behalf of the religion of Islam, but in its contradiction, seeking to destabilize national unity, integrity, sovereignty and public security in Tajikistan by carrying out extremist and terrorist actions.
According to Article 28 of the Constitution of the Republic of Tajikistan, Citizens have the right to unite. A citizen has the right to participate in the creation of political parties, including those having a democratic, religious and atheistic character, trade unions and other public associations, voluntarily enter and exit from them.
Political parties contribute to the formation and expression of the will of the people on the basis of political pluralism and participate in political life.
The following facts were examined and examined at the trial: the minutes of the meeting of the IRPT in the Sughd region of June 20, 2015, the minutes of the meeting of the IRPT sector in Khujand dated May 18, 2015, the minutes of the meeting of the IRPT sector office in the June 06, 2015, The minute of the IRPT sector meeting in Panjakent dated June 23, 2015, the minutes of the extraordinary meeting of the IRPT sector office in Isfara on June 19, 2015, the minute on the termination of the IRPT activity in the Maschoh region of June 11, 2015, minute of the IRPT in Mountain Maschoh dated May 10, 2015, the minute of the extraordinary meeting of the IRPT sector in Jabbor Rasulov district on the liquidation of the party sector from May 7, 2015, the minutes of the IRPT sector management meeting in the Shahristan district on May 28, 2015, the minute of the extraordinary meeting of the IRPT sector in the Spitamen region The termination of the activities of the party sector of March 6, 2015, the minutes of the meeting of the IRPT sector management in the Ayni region of April 20, 2015, the minute of the extraordinary meeting of the IRPT sector in Asht district on the termination of the party’s activity from 29 May, 2015, the minute of the meeting of IRPT activists in Istaravshan city from May 15, 2015, the minute of the extraordinary meeting of the IRPT on the termination of the IRPT sector in Zafarabad district of April 18, 2015, the minute of the extraordinary meeting of the IRPT in Bobojon Gafurov district on the termination of the IRPT in Kanibadam city on April 14, 2015, a decree Primary county organization Kanibadam baland on January 20, 2015, an extraordinary meeting minute l in Chkalovsk on May 15, 2015, minute of IRPT sector of Kurgan-Tube on June 11, 2015, an extraordinary conference minute of IRPT sector in the region of Rumi Jaloliddin from June 10, 2015, minute of IRPT members in Shaartuz region from June 10, 2015, minutes of the meeting The minute of the IRPT sector meeting in Sarband city from June 4, 2015, the minutes of the IRPT sector meeting in Bokhtar district from 05th of October 2015, the minutes of the IRPT sector meeting in Jilikul region from April 20, 2015, the general meeting of the IRPT sector in the region of A.Jomi from May 25, 2015, the act of June 8, 2015 on the termination of the IRPT in the Gilikul region, the minute of the IRPT sector meeting in the Kumsangir region of May 15, 2015, the act on the termination of the IRPT in the Kumsangir region on June 8, 2015, the act on the termination of activities IRPT in Panj area on May 21, 2015, the sector meeting report of the IRP in the Panj district on May 20, 2015, an act of the statements of members of the IRP in Panj area on May 20, 2015, the act on the termination of IRP activity in the area Khuroson on May 18, 2015, the final IRP minutes sector in the region Khuroson on May 18, 2015, minute of the meeting of sector management in Kubodiyon area from April 10, 2015, minutes of the extraordinary meeting of the IRPT management sector in Khorog on June 11, 2015, minutes of the extraordinary meeting of sector management of IRPT in the Ishkashim area of May 28, 2015, the resolution on the termination of the IRPT in the Ishkoshim area of May 28, 2015, the minute of the extraordinary meeting of the IRPT sector in the Shurabad region dated July 3, 2015, the resolution on the further IRPT activity in the Khovaling district on July 21 2015, the minute of the extraordinary meeting of the IRPT sector in the Khovaling district of July 21, 2015, the resolution on the further operation of the IRPT in the Muminabad area of May 15, 2015, the minutes of the extraordinary meeting of the IRPT sector in the Muminabad area of May 15, 2015, decree Lenie on future activities of the IRP in the area M.A. Hamadoni district on May 25, 2015, Minutes of the Extraordinary Meeting of the IRP sector in the area MA Hamadoni on May 25, 2015, the resolution on the further activities of the IRPT in the Temurmalik district dated June 9, 2015, the minute of the extraordinary meeting of the IRPT sector in the Temurmalik district dated June 9, 2015, the resolution on the further IRPT activities in the Vose district from April 22, 2015, the minute extraordinary meeting of the IRP sector in the Vose district on April 22, 2015, a resolution on the future activities of the IRP in the area of Vose April 22, 2015, an extraordinary meeting of the sector minute IRP near Vose on April 29, 2015, extraordinary General meeting minutes Management of the IRPT sector in the Rasht district of May 14, 2015, the resolution on the termination of the IRPT in the Rasht district of May 14, 2015, the resolution on the termination of the IRPT in the Tajikabad region, the minute of the extraordinary meeting of the IRPT sector in the Tajikabad region on June 4, 2015, minute extraordinary meeting of the IRP Office sector in Nurabad district of the month of May 2015, the sector conference report of the IRP in the area Jirgatal on May 18, 2015, minute of the extraordinary meeting of the sector management minute in Tavildara district of May 2015, the decision of the IRP sector meeting in Tavildara district on May 14, 2015, a minute on the activities of the IRPT in Dushanbe on June 25, 2015, minute of the IRPT sector in Sino district of Dushanbe city from July 25, 2015, minute of the IRPT in the Shohmansur district of Dushanbe city on June 24, 2015, the minute of the IRPT sector in the area of I.Somoni of the city of Dushanbe dated July 24, 2015, IRPT in the Firdavsi district of Dushanbe city dated June 23, 2015, the minute of the IRPT sector in the Rudaki district dated July 8, 2015, the minute of the IRPT sector in the Rudaki district of July 13, 2015, the minute of the IRPT sector in the Shakhrinav region from May 15, 2015, the minute of the extraordinary meeting of the IRPT in Tursunzade city from June 12, 2015, the resolution on the termination of the IRPT in Tursunzade from June 12, 2015, the minute of the IRPT sector meeting in the Faizabad region of June 23, 2015, the IRPT In the city of Vahdat from June 2, 2015, the minute of the IRPT sector in the Varzob district dated June 24, 2015, the minute of the primary organization of the IRPT sector in the Gissar region of June 3, 2015.
From the content of these documents, it is assumed that IRPT citizens-members find out about dishonorable plans and intentions of party leaders and involvement in extremist-terrorist crimes and incitement of hatred and enmity through the media, voluntarily left the party’s membership and demanded the liquidation of the IRPT sectors in the districts and regions of the republic.
According to the documents provided to the court, most of the members of the IRPT voluntarily left the party’s membership and through the mass media, including the Internet uncovered and condemned the illegal actions of the IRPT.
The above evidence shows that state structures did not interfere with the activities of the IRPT and citizens who voluntarily joined the party, and then voluntarily withdrew from the IRPT membership.
The court found that the main reason for the voluntary withdrawal of citizens from IRPT membership and the cessation of the activities of its sectors in regions, cities, and districts is that the leadership and active members of the party committed indecent acts and crimes that led to a weakening of the IRP’s authority in the society and among its members .
On this issue, the Ministry of Justice, in general, was provided 76 acts and protocols of primary structures of the Islamic Renaissance Party of Tajikistan from 58 cities and districts of the Republic regarding the liquidation of the IRPT.
It was also found that despite the fact that the Ministry of Justice sent written notification to the Party leadership about stopping of illegal activities, but the Supreme body of the IRPT did not take into account the provided notice, illegally left without consideration the above acts and decisions.
On this ground, the actions of the Supreme body of the IRPT on non-consideration of resolutions of local structures of the Islamic Renaissance Party of Tajikistan and statements by members of the party to terminate their membership and liquidate sectors of the party are illegal, contrary to the Constitution of the Republic of Tajikistan, the Law of the Republic of Tajikistan «On political parties» and the Party Charter.
According to the requirement of Article 62 paragraph 2 of subsection 2 of the Civil Code of the Republic of Tajikistan, an entity may be liquidated by a court decision in the case admitted at its creation of gross violations of the law, if these violations have irremediable nature of the activity without appropriate (license), or any activity prohibited by law , the implementation of activities with other repeated or gross violations of the law, the systematic implementation of public organizations or religious (Unions), and public funds activities contrary to their statutory goals, in the case of revocation of the license, for which the implementation of the operations set out in the license is activity that only permitted kind of activity as well as in other cases provided by this Code and other laws.
The court is given the legal treatment of the facts and determined that the party act not as a political party but as a religious organization and during its activity admitted the gross violation of the Law of the Republic of Tajikistan «On freedom of conscience and religious associations» and the Law of the Republic of Tajikistan “About regulation of national traditions and ceremonies in the Republic of Tajikistan”, illegally performed prayer (prayer), organized lunch, religious rites, worship of God, and other religious rites And ceremony n their residence with the participation of numerous citizens.
Regarding the elimination of violations in the IRPT in 2014 and 2015, the Ministry of Justice of the Republic of Tajikistan repeatedly sent notifications, but the IRPT leadership, despite these notifications, planned and continued criminal actions to seize the constitutional power.
The court also found that this party violated Article 10 of the Law of the Republic of Tajikistan «On political parties» and the Tax Code of the Republic of Tajikistan as a taxpayer of profit from a natural person, social tax, and tax of simplified system hidden 17000 somonis of tax payments.
According to the evidence provided to the court, the IRPT’s activity as an extremist-terrorist organization is manifested in the fact that on its popular leaflets, on the official website at www.nahzat.tj, and also on the social network www.facebook.com, four pages under the title «Islamic Renaissance Party of Tajikistan, Islamic Revival Party of Tajikistan, Islamic Renaissance Party of Tajikistan and The Islamic Renaissance Party of Tajikistan, in the social network www.ok.ru five pages Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan and Islamic Renaissance Party of Tajikistan TJK , Islamic Renaissance Party of Tajikistan in Kumsangir and in the social network www.twitter.com at twitter.com/nahzattj disseminate the provocative news, that slandered both the establishment of the Republic of Tajikistan and law enforcement agencies, called for the overthrow the constitutional order of the Republic of Tajikistan.
According to the requirements of Part 1 of Article 10 of the Civil Code of the Republic of Tajikistan, actions of citizens and legal entities carried out with the intent to cause harm to another person, as well as the abuse of the right in other forms in cases stipulated by law are not permitted.
Tajikistan is a sovereign, democratic, legal, secular, unitary and social state, and all calls to change the constitutional system will primarily lead to the violation of the rights and freedoms of citizens of the republic, violation of the territorial integrity and national security of the state, separation and religious conflicts.
The Tajik people achieved peace and national unity in return for severe suffering at the expense of one hundred thousand victims of the civil war, and today lives in a peace.
Today, the world community faces new threats, terrorism, and extremism that are destabilizing countries and executing and killing innocent people.
The State of Tajikistan is a supporter of the fight against terrorism and extremism.
In accordance with the internationally recognized agreement in the field of combating extremism, the Republic of Tajikistan, cooperates with foreign countries, with their special law enforcement agencies, as well as with international organizations that carry out the fight against extremism.
According to the abovementioned facts the Islamic Renaissance Party of Tajikistan during recent years act against the requirements of Constitution of the Republic of Tajikistan, Law of the Republic of Tajikistan “On political parties”, Law of the Republic of Tajikistan “On combating extremism,” Law of the Republic of Tajikistan “On combating terrorism,” Law of the Republic of Tajikistan “Freedom,” “Freedom of conscience and religious associations”, Law of the Republic of Tajikistan “On the periodical press and other mass media» and the Law of the Republic of Tajikistan “On regulation of the national traditions, celebrations and ceremonies” and its main purpose is violation of rights and freedoms of citizens, foundation of armed group of extremist-terrorist organization using Islam religion, periodic print media and other mass media , appeal to the violent overthrow of constitutional order of the Republic of Tajikistan, invasion of independence , territorial integrity and national and state security.
According to the part 2, article 171 law of the Republic of Tajikistan “On combating terrorism” could recognize the organization (the branch or representation office ) as terrorist by the application of the Prosecutor General of the Republic of Tajikistan.
Therefore the court come to decision to recognize the Islamic Renaissance Party of Tajikistan as an extremist and terrorist organization, to ban the activity of this party in the territory of the Republic of Tajikistan and liquidate it as legal entity, to stop the work of party newspaper Najot , website of the party to ban the import and the distribution of audio and video recordings, newspapers and literature and leaflets of the party with the purpose of protection the fundamentals of constitutional order, independence, territorial integrity, security of the Republic of Tajikistan ,legal rights and interests of the citizens, prevention of extremists and terrorist activity , cases of inciting of the hatred and violence, military, racial, national, regional and religious conflicts, humbling of national honor and dignity.
According to abovementioned and articles 198-203 of Civil procedure code of the Republic of Tajikistan the court is
DECREE
On satisfying the application of the Prosecutor general in favor of the Republic of Tajikistan recognize the Islamic Renaissance Party of Tajikistan as an extremist and terrorist organization, to ban the activity of this party in the territory of the Republic of Tajikistan and liquidate it as legal entity, to stop the work of party newspaper “Najot” , website of the party to ban the import and the distribution of audio and video recordings, newspapers and literature and leaflets.
To recognize the Islamic Renaissance Party of Tajikistan as an extremist and terrorist organization.
To stop the activity of Islamic Renaissance Party of Tajikistan as an extremist and terrorist organization and liquidate the party as a legal entity.
To stop the publication of the “Najot” newspaper and to blocking official website at www.nahzat.tj, and also on the social network www.facebook.com, four pages under the title «Islamic Renaissance Party of Tajikistan, Islamic Revival Party of Tajikistan, Islamic Renaissance Party of Tajikistan and The Islamic Renaissance Party of Tajikistan, in the social network www.ok.ru five pages Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan, Islamic Renaissance Party of Tajikistan and Islamic Renaissance Party of Tajikistan TJK , Islamic Renaissance Party of Tajikistan in Kumsangir and in the social network www.twitter.com at twitter.com/nahzattj and prohibit the import and the distribution of audio and video recordings, newspapers and literature and leaflets in the Republic of Tajikistan.
For applying a cassation appeal or protest to the judicial board on civil cases of Supreme court of the Republic of Tajikistan is permitted within one month from the date of giving the reasoned decision to the parties.
Chairman
Judge of Supreme Court of the
Republic of Tajikistan /signature/ Sh.O.Azimov
Copy is true
Judge of Supreme Court of the
Republic of Tajikistan /signature/ Sh.O.Azimov
Seal / Supreme Court of the Republic of Tajikistan