Short certificate: Tojiddin Turayev will mark his fifty fifth anniversary in November, he is married he has four children. He graduated from the Tajik State University. He worked as investigator in Khujand prosecutor's office, viloyat prosecutor, district prosecutor in Mountainous-Badakhshan Autonomous viloyat, prosecutor deputy of Sughd viloyat, prosecutor of Konibodom town, prosecutor of Bobojohngafurov district; in May 2002 he was appointed Sughd viloyat prosecutor. However paradoxical it may be, sometimes democratic transformations run into certain collisions with lawfulness and establishment of order. The more liberty the state grants to its citizens, the less they react to the laws. But it is associated more with man's psychology and especially with that one's who was living under anarchy for a certain period of time. It is just that social situation which is observed today in Tajikistan where the events of the latest years have changed qualitatively people's psychology. But every year the power has been strengthening in the country, the work on creating the atmosphere of legality observance brings positive results. Let the level of criminality be lowering slowly, but still it is lowering and it should be imputed to the merits of the prosecutor's office employees displaying principalness in reference to any fact concerned with law violation. The other day the prosecutor's office of Sughd viloyat summed up the totals of its work for the first semester of 2002. Advancement is noticeable on many streamlines, but upon the whole the attitude to progress in the viloyat procurator's office is to the following effect: one should never flatter oneself and labour under a delusion when there is a tedious painstaking work to be done in order to establish a law-abiding democratic society.
Today our newspaper brings to the notice of the reader an interview with Sughd viloyat prosecutor, justice councilor of the I-st class Tojiddin Turayev.
Journalist: Tojiddin Turayevich, first of all, as to common human values. Doesn't it seen to You that having chosen a democratic way of development the countries of the post-Soviet space have committed an error? If to analyse today's situation with criminality growth in CIS countries not a single one from those of the former Soviet Union does cope with restraining delinquency. May be, the state in the countries of Baltia is a little bit better.
T. Turayev: There is such a contradiction. One should make an avowal that neither we, nor our colleagues in CIS countries manage to solve the problems concerned with the growth of criminality. But one must acknowledge the other thing as well: no any human value can be compared with a freedom of an individual, an independence of a state. Yes, we have to pay an expensive Price for this freedom. But is there an example in history when liberty and independence were granted to any people for nothing, without sacrifices, without struggle? Even when the peoples achieved freedom without blood they nevertheless had to sacrifice something. Therefore, we must treasure the gained independence and freedom, be proud of having got an availability to self-sufficiently determine our fate, to build the free and independent state of our own. The process of building a law-abiding democratic state is long and if to speak on coming to full observance of laws only for a decade it means not to know the world practice of building a civic society at all. We have been building this society for ten years only and if to remember that we attained peace and concordance only in 1997, practically the work on a creation of a civic society under peaceful conditions has been going on for five years solely.
Journalist: In any law-abiding democratic state it is a human being who ought to be a primal value. You cannot speak about creating a civic society without the guarantees concerned with an observance of individual's rights and liberties, However, in our country which signed all the basic international documents concerning human rights even now there are a great deal of grave problems in the field of citizens` rights observance.
T.Turayev: It is just the situation which agitates us most of all today. Today we have got a historic opportunity to become a free, developed and thriving country where man should occupy a worthy place. Yet yesterday human rights were violated omnisciently. People's hearts were filled only with fright, they were afraid of saying a word. You couldn't speak on defence of any rights. Because the power itself was incapable to function, in people themselves there was no optimism and faith as to their problems being solved. Now they started to apply to law-enforcement bodies seeking for defence. For example, only for the first semester of the current year 1065 complaints entered the procurator's office; out of them 204 being satisfied; 561 applications and complaints being sent to an inferior instance and 127 being joined to criminal cases. It goes without saying that the reaction only to letters, complaints and applications of citizens can't be an evidence of the work on human rights defence, but the very fact vindicates once more that the picture in the viloyat has changed for the positive during the last two years.
Journalist: What are the primary bearings of the procurator's office for today, are there the so called goals of primary and secondary importance?
T.Turayev: The primary thing standing before us now is an achievement of law observance in the country. It is not a work of one or two years. It is durable painstaking labour, consistent upholding of law supremacy in the country, rights and liberties of citizens. All our work must be aimed at creating an atmosphere of confidence towards the power. And this confidence is possible only when the citizens begin believing into a triumph of justice, into a power of law. Compare the social-political situation in the viloyat for the last two years. Hasn't it obviously changed? If people started to often apply to the authorities it testifies to the fact that they begin to believe in them. The atmosphere of fright and indifference concedes gradually the struggle for justice and legality. Let us take as an example the same situation in Isfara district which was discussed with the participation of the president of the country. Many questions were missed being taken out of account by local authorities, law-enforcement bodies, those ones of prosecutor's surveillance inclusive, but people themselves attained of their complaints being considered by the supreme instance of the state power- that one of the president's. People themselves begin to defend power, to think about the interests of state security. Today I must tell that law-enforcement bodies shouldn't be confined only with a search and catch of the disciples of "Khizb-ut-Takhrir" illegal party, but they must investigate the facts of violation of the norms of the law both by separate religious votaries and institutions, political forces in order to nip in the bud any attempts of enforced propagation of the ideas of religion, especially of those of radical-extremic slant.
Journalist: It is known that for the last time the prosecutor's office organs activized abruptly the work on elicitation and suppression of the facts of perpetrating economy crimes. Does this work bring a proper efficacy?
T.Turayev: Judge for Yourself. Only for the first semester of 2002 4.5 million somoni of the damage delivered were retrieved to the state fisc. For the analogical period of the last year, for example, this sum constituted 3.3 million somoni. The apparatus of the viloyat prosecutor's office and the prosecutors of towns and districts conducted 606 checks on execution of the functioning legislation. 86 criminal cases were instituted on the base of the checks conducted; 60 out of this figure being terminated and passed to the court for consideration. Upon the whole, these affairs are related with defalcations and misappropriations of statal or public property, delivering of material harm by fraud or ingratiating oneself with somebody, abuse of service position, wilful capture of land, illegal operations with foreign currency. The sum of the damage delivered upon the state and citizens by these types of crimes constituted 800 000 somoni. According to enactments and presentations of prosecutors 672 persons were brought to disciplinary justice, 443-to material book and 772 -to administrative responsibility.
Journalist: Genuine sensation was caused by the detention of a number of militia and custom's employees at the end of March on the facts of extortion in a bordering zone which entailed disblockage of autoroads. Wouldn't you mind telling more exactly about the particulars of this story and the fate of the culprits?
T.Turayev: This story took place on May 31, 2002. The employees of Matcha district IAD SAI I. Yusupov and Sh. Sharipov detained for an hour and a half 6 buses with 400 passengers going to the Russian Federation for earning at the bordering station. Illegitimate perquisition was carried on without any substantiated grounds. Only on having received 6000 Russian roubles as a bribe they let the buses pass the station. A criminal case according to article 319, part4 of RT PC was prosecuted against them. The results of the check in question were discussed at the extended collegium of the viloyat prosecutor's office and the coordination council of Sughd viloyat law-enforcement bodies. 21 functionaries were brought to disciplinary justice, 6 persons were discharged from the posts occupied. The prosecutor's office of the viloyat submitted a suggestion on disblockage of autoroads and removal of unlawful stations and turnpikes to Sughd viloyat internal affairs Governance Office. The results of the given checks were released having gota good resonance among the people. This action in many items promoted relaxation of social tension, those militis men and custom's employees who are eager their palms to be tickled were made to ponder over the consequences of their illegal deeds. However, when time elapses the lessons of the past are forgotten owing to understandable reasons. As formerly, the cases of extortion at bordering checkpoints and autoroads are not infrequent. For example, the check of Sughd viloyat IAGO SAIGO showed that there were numerous cases of having brought citizens to administrative book: their driver's licenses were taken away from them, the same concerns car numbers; their vehicles were ransacked, illegitimate posts were set, movement freedom of citizens and vehicles was confined; all this in the long run leads to undermining the authority of the power.
Journalist: The analysis of the situation concerned with criminality proves that the growth of juvenile delinquency is observed. Doesn't it testify to a poor work of educational institutions, inspections on the affairs of the underaged?
T.Turayev: If to correlate the last year data for the first semester with the present ones the growth of juvenile delinquency puts us on the alert. It has been 38.7%. As for me, I am inclined to attribute this growth to weakening control on the part of parents, learning institutions, inspections on the affairs of the underaged which don't undertake efficacious measures in embracing children with studies. Especially unfavourable situation is shaped in no small towns- Khujand, Panjakent, Chkalovsk, Istaravshan. Teenagers are caught mainly on stealing the property of citizens. The fact of their frequent involvement in drugs usage evokes alarm too. Here, I consider, parents and teachers might render propitious influence on the process of upbringing of the growing generation. There is a proverb in society that children are our future, the future of the state. Let us then breed together the future generation, the future of the nation and country upon the whole. Let us cogitate whom we are going to leave all our heritage, all that we are trying to create today.
Journalist: It is actually impossible to comprise all the aspects of the activity of the procurator's office within the frames of one conversation. Now under the conditions when there is obvious progress in implementation of reforms, advancement of the country on the way of building a democratic society, what is to be done, in Your opinion, in order this movement were more confident, stable and resultative, the latter being the main thing?
T. Turayev: it stands to reason that our work is manifold. Our duty is to bring out the fact of law violation and suppress them whatever realm of life they may relate to. We can't say that everything goes without a hitch with us. Our difficulties are to a great extent caused by a psychology of citizens who don't care about violation of the law and sometimes don't wish to promote investigation. If the public at large helped us we might achieve fairly more in an investigation of such phenomena being dangerous for state and society as, in particular, bribery and corruption, and we might heighten abruptly an exposure of problematic crimes. But in spite of it for the last year we have managed to attain the main thing - to inspire faith in justice into the hearts of people. Now it is important to ensure positive tendencies, people's confidence in the power. Our goal shouldn't be based on striving for big figures requisit for accounting papers. The quality of work - this is the thing of primary importance. Here I would like to accentuate attention on close coordination of all law-enforcement bodies, purity of our ranks which are necessary to gain the confidence of common citizens and form the surroundings of intolerance to the violation of law and social order. Otherwise it would be difficult for us to lay accounts with a radical break in people's psychology; regretfully, self-removal from other people's problems and indifference towards social issues are inherent in the majority of individuals.
Journalist: Great thanks.