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Tajikistan

Law of the Republic of Tajikistan on The Right to Access to Information

Law of the Republic of Tajikistan on The Right to Access to Information (2002)

Open Records Transparency: 33/100 (weak) Transparency Score: 33/100

RTI Rating: 50 (source)

Response Timeline

Initial Response
30 days
Extension
15 days
Residency Required
None

Response within 30 calendar days per Article 13(1). Extension of up to 15 additional calendar days permitted with notification and stated reasons.

How to Submit a Request

Accepted Methods

  • Any media — Per Article 7(5), requests may be submitted through any media

Both natural persons and legal entities may file requests with no citizenship requirement (Article 4(1)(b)). Requesters are generally not required to justify need or provide reasons for request (Article 10(1)(b)).

Required Elements

  • Name
  • Postal address
  • Phone, fax, or email contact for clarification purposes

Fees

The Law on the Right to Access to Information (2008) does not explicitly enumerate fees for requesting information, but reviewers note this absence prevents confirmation that procedures are entirely free. No fee schedule is documented.

Exemptions

  • State or Official Secrets
    Information classified as state or official secrets. RTI Rating characterizes this as "too broad" and notes the law does NOT override state secrets legislation (Art. 5(1) explicitly references state secrets law).
  • Search and Investigative Operations
    Information related to ongoing search or investigative operations.
  • Internal Memoranda and Correspondence
    Internal memoranda and correspondence between government bodies.

Tajikistan's RTI law has significant deficiencies in its exemptions framework. The law does NOT override state secrets legislation (Art. 5(1), Art. 14(d)), meaning state/official secrets exemptions are absolute. Only partial harm test is applied - some exceptions require demonstrable harm, but not all. Public interest override is limited: Art. 5(2)(d) addresses only 'rights/freedoms' rather than broad public interest, though Art. 7(2) provides slight reinforcement (scored 3/4 by RTI Rating). Severability is required - partial disclosure when only portions are exempt (Art. 14 severability provisions). No third-party consultation procedures identified. RTI Rating scores: Exceptions 16/24 points (harm test 2/4, public interest override 3/4, severability 2/2).

Appeal Process

1

1

The appeals system is critically deficient (RTI Rating: 2/30 points). No internal review mechanism exists. No independent information commission or ombudsman handles FOI appeals. Courts are the only recourse, but the law provides no clarity on procedures, timelines, or fee protections. This creates major access-to-justice barriers and represents the law's 'most critical flaw' per RTI Rating analysis.

Sources & References