by Kira Kramer
Several times a year President Gurbanguly Berdymukhammedov signs acts of pardon.They are always timed to coincide with certain public holidays.Every year thousands of people are released from prison a phenomenon rare in other Central Asian countries.
However, experts are convinced that releasing convicts without addressing social problems, which prompt residents to commit crimes, is meaningless and is another reason for corruption. “Chronicles of Turkmenistan” has closely looked into acts of pardon and also counted the number of those pardoned over the past five years.
President Gurbanguly Berdymukhammedov signs decrees to pardon convicts three or four times a year. In 2021 acts of pardon were granted three times.
At the Cabinet session held on 10 December the head of state signed a decree to pardon 338 individuals in honour of the International Day of Neutrality.
On the occasion of the 30th anniversary of Turkmenistan’s Independence in September, the President pardoned 2058 Turkmen nationals and 6 foreign nationals.
On 7 May, on the eve of the holy night of Gadyr gijesi (Laylat al-Qad, or the Night of Decree), the head of state pardoned 982 Turkmen nationals and 53 nationals, including 16 Jehovah’s Witnesses and three Iranian nationals.
The latter were convicted for drug trafficking.As regards the Jehovah’s Witnesses, they had been convicted on different occasions.These are men aged 18 to 27 conscientious objectors – who had refused to serve in the military because of their religious beliefs.
Thus, a total of 3437 individuals were released last year.
In May 2020, in honour of Laylat al-Qad, the President pardoned 1192 Turkmen nationals and 210 foreign nationals.
In honour of the Day of Independence, 815 convicts, (including three foreign nationals) were pardoned in September 2020 and, on 11 December 2020, on the occasion of the 25th anniversary of Turkmenistan’s Permanent Neutrality, 2078 Turkmen nationals and four foreign nationals were pardoned.
Thus, a total of 4299 individuals were pardoned in 2020.
In 2019, 4188 individuals were pardoned on the same occasions in May, September and December. A further 2028 convicts were also pardoned on the occasion of Nowruz.
In 2018 four acts of pardon were granted. In honour of three holidays – Laylat al-Qad, the Independence Day and the Neutrality Day – a total of 3102 individuals were pardoned. The number of those pardoned on the occasion of Nowruz was not given.
In 2017 the President pardoned a total of 4190 persons (both Turkmen and foreign nationals) on the occasion of various public holidays.
On 9 December 2017, on the occasion of the International Day of Neutrality, 697 citizens were pardoned.On 25 October 1636 persons were pardoned in honour of the Day of Independence.
On 16 June, 2017, in honour of the holy Gadyr gijesi 1029 Turkmen nationals were pardoned as well as 828 convicts pardoned in honour of the Day of the State Flag.
Over the course of five years at least 19216 individuals have been pardoned in Turkmenistan.
Chairperson of the Turkmen Initiative for Human Rights (TIHR) Farid Tukhbatullin emphasizes that the authorities grant pardon (when an individual is released from prison) rather than amnesties (when convicts are released or punishment is mitigated depending on the article in the sentence or based on the fact that convicts belong to a certain category of citizens, for instance, veterans, mothers of many children and so on).
Pardon is a single humanitarian act applied to a certain individual for personal reasons, such as old age, mercy, a serious disease etc. Amnesty applies to any group of criminals (for example, all underage inmates sentenced for theft) in a certain period of time.
The expert reminds us that Turkmenistan’s penitentiary institutions, according to independent sources, are overcrowded.
“Wide spread unemployment and poverty prompt people to commit crimes. These social problems which result in criminal offences should be primarily addressed”, Farid Tukhbatullin adds.
The situation in neighbouring countries
The lowest number of acts of pardon is held in Kyrgyzstan. Pursuant to the Presidential decree, 230 convicts were pardoned in 2020; in 2019 five individuals were released, seven – in 2018; and five in 2017.
Before coming to power, President Sadyr Japarov had himself served over 3 years in prison on charges of hostage taking, threat of homicide, disorderly conduct and violence.
He was released in 2020 after those not content with the results of the Parliamentary elections had held the rally, which escalated into the seizing of the Bishkek White House.
After his release Japarov said that he was reviewing the pardon of 2000 convicts. “Inmates in Kyrgyz prisons are primarily poor and ordinary people.
There are no officials’ children among them.Many have been wrongfully convicted.They have fallen victim to our corrupt law enforcement system.As is known, in order to improve statistics police officers trump up criminal cases and set up innocent people by planting cannabis and guns on them”, – the President said and emphasized that women with small children are the first to be pardoned.
In Uzbekistan President Shavkat Mirziyoyev granted two acts of pardon in 2021.On 12 May he signed a decree to pardon 100 individuals on the occasion of one of the main Muslim holidays Eid al-Fitr (Feast of Breaking the Fast).
In August 2021, 215 individuals were pardoned in the run-up to celebrations of Uzbekistan’s Independence.
In 2020, in honour of the 29th anniversary of Uzbekistan’s Independence, the President pardoned 113 convicts.
In 2017 every inmate in Tajikistan was granted an opportunity to ask for the President’s pardon once a year.At that time President Emomali Rahmon signed a decree establishing a special commission on cases of pardon under the President.
In October 2020, on the occasion of his re-election Rahmon signed a decree to pardon 378 convicts.A year earlier he had adopted the law “On amnesty”, within the framework of which 11200 individuals were scheduled to be released from prison.
Non-custodial sentences were applied to 4500 of the convicts.
In December 2021 the Upper Chamber of Kazakhstan’s Parliament (Senate) passed an amnesty bill in connection with the 30th anniversary of Kazakhstan’s Independence which envisages, inter alia, releasing some inmates from serving sentences for minor offences and other less serious crimes.
According to preliminary estimates, 2236 convicts and 11310 individuals with a police probation record were granted amnesty.
Pardon for a bribe
Unlike an amnesty, which applies to all convicts who meet certain criteria, a pardon is granted on an individual basis and is a potentially more corrupt. “Chronicles of Turkmenistan” learned that in September 2020 convicts could be included on the pardon list for a bribe of $700.
“One can be released from prison by paying a certain sum, regardless of the sentence. Needless to say, there are categories of convicts who do not qualify for pardon, such as murderers and former high-ranking officials convicted on political grounds”, Farid Tukhbatullin confirms.
Annadurdy Khadjiev, a representative of the Turkmen Helsinki Foundation for Human Rights emphasizes that both the first and the second Presidents of Turkmenistan reduced the act of “pardon” into more of a publicity stunt rather than remedial.
“The authorities turn a blind eye when prison officials use this initiative for personal gain by taking bribes from those who are included on a pardon list.
As a result, those convicted for minor offences and less serious crimes (drug trafficking or theft) but who have no intention of ceasing their criminal activity because they know they can bribe their liberty.
On the other hand, those who fell victim of non-transparent justice or dissidents have little chance to be pardoned”, – the human rights activist says.
The release from prison for a fee works as follows.A month prior to the act of pardon penitentiary facilities receive a letter listing articles of the Criminal Code under which convicts can be pardoned if they sincerely repent and have not committed any violations while in custody.
The administration of the penitentiary facility identifies such inmates and asks detachment commanders (who are also convicts) to determine whether the convict is willing to pay a bribe.
The detachment commanders then provide to the administration a list of those who agree.The latter are permitted to send a text or call relatives to arrange to pay the required amount.
After the payment that person is then included on the list to be signed by the President.
“Widespread pardon is an opportunity for prison officials to make illegal income despite the fact that these initiatives are presented as сlemency by the authorities”, – the TIHR Chairperson emphasizes.
Impossible employment
During each act of pardon the President charges khyakims of etraps and cities to provide jobs for the pardoned convicts. Local administrations are always confronted with constraints when addressing this issue.
In the autumn last year, after the act of pardon in honour of the 30th anniversary of Turkmenistan’s independence, the authorities of Lebap velayat managed to provide employment for those residents of agricultural associations whose families rent plots of land.
Those pardoned were simply included in the list of land tenants.Additional plots of land had not been allocated to these families but former inmates are not considered unemployed.
Qualified and experienced car mechanics, auto body repairers and plumbers are employed by car repair shops and shops repairing agricultural equipment. Before the lockdown pardoned convicts could rent a hand cart from the administration for 85 manats a day to deliver goods to customers and vendors. However, no such jobs are currently available.
The department of labour and employment of Lebap velayat informs those pardoned that there are no job openings. At the same time, the officials and police officers pressured by higher-ranking authorities urge the department staff to generate jobs for former convicts and provide relevant certificates.
“The Turkmen pardon has lost its prevention and remedial.The authorities must prevent crime, review the statistics, reasons for committing crimes and types of offence.In my view, the social situation is the cause of the majority of crimes.
The government must take action to improve the well-being of its residents as well as decriminalize the laws.Without these measures the benefit of pardon will be minimal”, Annadurdy concludes.The post Clemency Turkmen style. 20 thousand inmates pardoned in Turkmenistan over the past five years first appeared on Chronicles of Turkmenistan.