Constitution of the Republic of Turkmenistan (2008, as amended 2016) (excerpts related to Fair Trial (Right to a)) (Engish)
THE CONSTITUTION OF TURKMENISTAN
(excerpts)
[...]
Article 32.
Each individual has the right to life and liberty and the exercise of this right. No one can be
deprived of the right to life. The right of each person to free life shall be protected by the state on
the basis of law.
The death penalty has been abolished in Turkmenistan.
Article 33.
A person convicted or punished, except in strict accordance with law.
No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment, and
without their consent to medicinal, scientific or other experiments.
A person can be arrested by the court only on the grounds precisely specified by law or with the
approval of the prosecutor. In urgent cases, precisely specified by law, the state authorities shall
have the right to detain the citizens temporarily.
Article 34.
An individual shall be presumed innocent until the commission of an offence by him/her is proved
in accordance with the procedure prescribed by law and under a final judgment of conviction.
No one shall be obliged to prove his/her innocence.
Doubts arisen as to the guilt of the individual, which cannot be precluded, shall be settled in favour
of the accused person.
Article 35.
Everyone shall have the right for freedom and personal inviolability.
A person may be subject to criminal punishment only if he is found guilty and convicted by a court in
the manner prescribed by law.
Article 36.
No one can be subject to repeated criminal prosecution and convicted for the same crime.
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Article 103.
The trials shall be held in open court. Hearing in closed session shall be permitted only in cases
specified by law, in compliance with all the rules of the procedure.
Justice shall be administered on the basis of equality and competition of parties.
Article 104.
Judicial proceedings shall be conducted in the state language. Those involved in the case and not
speaking the language of the proceedings, shall have the right to get familiar with the case material
and the judicial proceedings through an interpreter, as well as the right to speak in the court in their
native language.
Article 105.
The parties have the right to appeal the decisions, sentences and other verdicts of the courts of
Turkmenistan.
Article 106.
Decisions, verdicts and other resolutions of the court shall be binding on the territory of
Turkmenistan.
Article 107.
The right to professional legal assistance shall be guaranteed at any stage of the legal proceedings.
The legal aid to citizens and organizations shall be rendered by lawyers, and other physical persons
and legal entities entitled to render such aid.
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