- In September of this year, in the weekly newspaper “Tajikistan” published Interview of Sharifi Hamdampur with Azizov Shams Odinaevich, the judge of the Supreme Court, who adopted the decision of the court on recognizing Islamic Revival Party of Tajikistan (IRPT) as terrorist and extremist organization and banned it`s activity in Tajikistan under the title “THERE WERE THREE DAYS LEFT FOR THE COUP DE`ETATE” We would like to know your opinion as the Deputy Prosecutor General of the Republic of Tajikistan and as the Main Military Prosecutor about it.
Thank you. I am agree with the evidences, which were pointed by the judge of the Supreme Court Azizov Shams Odinaevich, as this interview is about the regulatory legal acts. In other words, the legal aspects of the matter are taken into consideration by the decision of the judicial authority of the country. It should be noted that on September 22, 2015, the Supreme Court of the Republic of Tajikistan was received appeal of the Prosecutor-General of the Republic of Tajikistan for recognizing IRPT as terrorist and extremist organization and to ban it`s activity in the territory of the Republic of Tajikistan. The plea of Prosecutor General has been investigated and taking into account criminal cases, which were launched by Prosecutor's Office, State Committee for National Security and Ministry of Internal Affairs regarding to the serious crimes of the IRPT leadership and its members. On September 29, 2015, the appeal of the Prosecutor General of Tajikistan was approved and the Islamic Revival Party of Tajikistan, on the basis of compelling evidence, was recognized by the Supreme Court of the Republic of Tajikistan as a terrorist and extremist organization and its activities on the territory of Tajikistan were consequently banned.
- How do you evaluate the activities of the political religious organizations from the legal aspects and what are the legal evidences for recognizing the IRPT as a terrorist party?
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.
During the period of 2010-2015, its members of IRPT took the path of violation of the law, there have been registered more than 40 crime commitments of extremist and terrorist nature, including incitement to religious hatred, participation in criminal and extremist associations, 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.
Involvement of the IRPT for killing of dozens of innocent civilians in the process of investigating criminal cases was confirmed. In particular, it was proved that the IRPT leader in Rasht Valley Davlatov Husniddin had a tie with terrorist organization “Ansorulloh” under the leadership of Davlatov Alovuddin, nicknamed "Ali Bedaki" and Rakhimov Abdullo named "Mullo Abdullo" who had hand on the murdering of 25 servicemen of the Ministry of Defense of the Republic of Tajikistan in the Rasht Valley in 2010.
Inspection of criminal cases and examinations of law enforcement agencies revealed the process of the IRPT members participation in the international terrorist organization "Islamic State" (ISIL), which was banned by the Supreme Court of the Republic of Tajikistan from April 14, 2015. Thus, during the inspections of the houses of IRPT leaders and activists, it was discovered and confiscated video records of killings, blast and other terrorist acts of the Islamic State.
- What kinds of evidence does investigation have on criminal proceedings against IRPT leader M. Kabiri and General Nazarzoda A. which are allegedly involved in coup?
During the preliminary investigation of the criminal case, the evidences such as witnesses, victims, defendants, videos, material facts (materials, plans, CDs, weapons and ammunition, etc.) during the inspection of the offices and living houses of the leaders and activists of IRPT has been confirmed that the leader of the IRPT M.Kabiri was previously consulted with other senior members of the IRPT and former Deputy Minister of Defense of Tajikistan A. Nazarzoda forcible overthrow of the constitutional state and change the constitutional order of the Republic of Tajikistan. Thus, more than 20 criminal groups, which are contained 30 members were established. These groups controlled by members of the opposition forces and other Nazarzoda’s associates. With the purpose of material and financial supports of terrorist groups, they have provided money from foreign countries through the charity organizations from 500 to 600 somoni for each.
In order to implement their criminal actions, according to preliminary recommendations, armed groups have been worked to destroy telecommunications networks and seize major government buildings such as Palace of Nation, Executive Office of the President of the Republic of Tajikistan, the Dushanbe airport, the State Committee for National Security, Ministry of Internal Affairs, Ministry of Defense, the Committee on Television and Radio, the Main Department and departments of the Ministry of Internal Affairs in the districts of Dushanbe city and the departments of the MIA in Firdavsi, Sino, Shohmansur, I. Somoni districts and Vahdat city.
Another fact that proves the crimes of M.Kabiri and his assailants in the commission of these crimes is the direct involvement in the financing of coup de`etate. In particular, Kabiri’s son (Ruhullo Tillozoda), following the instructions of his father, personally handed $1,200,000 to Nazarzoda on September 2, 2015. This fact has been has been confirmed by a number of witnesses, including Kabiri’s personal driver Fayzov H.T.
On the night of September 3, 2015 more than 150 members of the criminal group under direct orders of Nazarzoda A. came together in the area of the former bakery facility located in Dushanbe city, A. Donish street, which belonged to Nazarzoda A., and were illegally armed provided with firearms machine guns, grenade launchers, SVD and other military equipments.
After that Nazarzoda A. by the direction of Kabir M. and with the abuse of duty of the Deputy Minister of Defense, with his criminal groups illegally entered to the administrative building of military unit 08050 and 17651 of the Ministry of Defense and took firearms, clothes and military units to arm above-mentioned group members.
At the same day, the members of the criminal organization carried out attack on police stations in Dushanbe city, Rudaki and Vahdat districts. As a result, ten law enforcement officers were killed, and seven were hospitalized with injuries.
- As a result of your pointed evidence, we can say that M. Kabiri through Nazarzoda A. lead and supervised a criminal network. Is that so?
Yes. Since August 2006 Kabiri M. was the Chairman of the IRPT and he seriously disrupted the provisions of the General Agreement on the Establishment of Peace and National Reconciliation in Tajikistan from 27 June 1997. He and his followers constantly used the methods of religious propagation to prepare the people to overthrow the constitutional order of the country.
- By which articles of the Criminal Code discerned criminal commitments of M.Kabiri, Nazarzoda A. and their associates?
Based on compelling evidences the leaders and activists of the IRPT, without doubt, have been involved in the coup de’tate. Accordingly, by the Panel of judges on Criminal Cases of the Supreme Court of the Republic of Tajikistan dated June 2, 2016, 14 senior members of the IRPT under the auspices of public prosecution for the purpose of violating constitutional order of the Republic of Tajikistan, armed rebellion, terrorism and its financing were convicted and sentenced. Regarding M. Kabiri was announced international warrant via Interpol.
- In case of the actions committed by the leaders and activists, of the TEO IRPT are considered to be a crime under the Criminal Code of the Republic of Tajikistan, so why some foreign countries, especially Europeans, are ignorant. Do these actions are crimes in those countries?
It should be noted that Tajikistan as a full member of the international community, signed the international legal acts, reviewed the IRPT's activities in line with the requirements of the legislation and international law standards.
The terrorists action of the TEO IRPT according to section 129 (forming criminal organization) of the Criminal Code of the Federal Republic of Germany, Articles 149 (the promotion of the armed forces of the Government), 313 (creation of criminal organization) Penal Code of Turkey, Articles 127 (by means of violence in the constitutional order), 128 (by means of the elimination of the constitutional authority), 140 (theft of military capacity) of the Criminal Code of the Republic of Poland, articles 242 (betrayal state), 249 (attempted by violence from dismissing the President), 278 (Creation of Criminal organization) of the Criminal Code of the Austria, Articles 104 (attack to weaken military capacity), 113 (Coup using weapon), 124 (Assassination of the Civil War) of the Criminal Code of Belgium, as well as the Council of Europe Convention on the Elimination of All Forms of Discrimination Prevention of terrorism "from May 16, 2005, the Declaration on the Prevention of International Criminal Expulsion, adopted by the UN General Assembly on December 09, 1994, is assessed and interpreted as a crime.
The terrorist’s crime anywhere is considered as terrorist act. Persons who commit such crimes of terrorism in any country shall, in accordance with the criminal law of that country, bear criminal responsibility.
Therefore, the IRPT has been included in the list of the Shanghai Cooperation Organization and Collective Security Treaty Organization (CSTO).
- So, why the leaders of TEO IRPT in Iran and some other foreign countries are still freely moving?
Unfortunately, some countries taking into account their geopolitical interests use double standard policy. They are under the authority of the so-called international organizations, human rights and freedoms, whose purpose is to protect only the interests of the founder nations, offer propaganda rostrum for terrorists such as Kabiri and its followers, and financial support them. But these groups will not reach their goal, because the people have realized the real truth and understood that if the IRPT was in power, what would happen to the people and our beloved country.
- Thank you for a special conversation.