Article 84: The judicial power is independent and protects the rights and freedoms of individuals, the interests of the state, organizations, and institutions, and legality and justice. Judicial power is exercised by the Constitutional Court, the Supreme Court, the High Economic Court, the Military Court, the court of Gorno-Badakhshan Autonomous Region, and regional, Dushanbe city, city, and district courts. The organization of and work procedures of courts are determined by constitutional law. Judges have terms of five years. The creation of emergency courts is forbidden.
Article 85: Lawyers not younger than 30 years of age and not older than 60 years of age who have worked as judges for not less than 5 years, may be elected or appointed to office as a judge of the Supreme Court, the High Economic Court, the Military Court, a regional court, or Dushanbe City Court. Persons not younger than 25 years of age and not older than 60 years of age who have at least 3 years of work experience in the legal profession may be appointed to office as a judge of a city or district court.
Article 86: Judges of the Military Court, the court of Gorno-Badakhshan Autonomous Region, and regional, Dushanbe city, city, and district courts are appointed and dismissed by the President on the petition of the Minister of Justice.
Article 87: In their work, judges are independent and subordinate only to the Constitution and law. Interference in their work is forbidden.
Article 88: Judges review cases both on panels and individually. The judicial process is exercised on the basis of the principle of the adversarial nature and equality of parties. Hearings in all courts are open, except in cases anticipated by law. Judicial proceedings are carried out in either the state language or in the language of the majority of the people of a given locality. Persons who do not speak the language of the judicial proceedings are provided with the services of an interpreter.
Article 89: The Constitutional Court consists of seven people, one of whom is a representative of Gorno-Badakhshan Autonomous Region. The judges of the Constitutional Court are elected from among all lawyers not younger than 30 years of age and not older than 60 years of age who have at least ten years of experience working in the legal profession. The powers of the Constitutional Court:
- determining whether laws and legal acts of Parliament, the President, the Government, the Supreme Court, the High Economic Court, and other governmental and social organs, as well as treaties of Tajikistan that have not yet entered into legal force, are in accordance with the Constitution;
- resolving conflicts between governmental organs regarding their competencies;
- fulfilling other powers determined by the Constitution and laws.
Decisions of the Constitutional Court are final.
Article 90: Judges may not occupy other positions, be deputies in representative organs, be members of political parties or associations, or engage in entrepreneurial activity besides scientific, creative, and teaching activities.
Article 91: Judges enjoy the right of immunity. Without the consent of the organ which elected or appointed her or him, a judge is not subject to arrest or criminal trial. A judge is not subject to detention, except when she or he is detained at the scene of a crime.
Article 92: Legal assistance is guaranteed at all stages of investigation and trial. The organization or and work procedures of the bar and other forms of legal assistance to be provided are determined by constitutional law.
