Turkmenistan
Turkmenistan has dedicated counterterrorism provisions in its criminal law and in a specific 2003 law. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
The Criminal Code defines terrorism as follows:
the commission of an explosion, arson or other acts, creating a danger of death of people, causing significant property damage or other socially dangerous consequences if these actions are committed in the chains of violating public security, intimidation of the population or influencing the adoption decisions by the authorities, as well as the threat of committing these actions in the same purposes, shall be punished by imprisonment for a term of five to ten years.Art. 271(1), Criminal Code of Turkmenistan.
Article 1(4) of the 2003 Law on the Fight Against Terrorism defines terrorism as follows:
the direct commission of terrorist crimes in the shape of explosion, arson, or the use of or threat to use nuclear explosive devices or radioactive, chemical, biological, bacteriological, explosive, toxic, noxious, aggressive or poisonous substances; the destruction, damaging, or seizure of vehicles, material and other objects; an infringement on the life of the President of Turkmenistan, other statesman or a public figure, representative of national, ethnic, religious, or other population groups, on representatives of foreign states or staffers of international organizations enjoying international protection, and also on the offices or vehicles of persons enjoying international protection; the taking of hostages and kidnapping; the creation of danger of harm to the life, health, or property of a nonspecific range of people by creating the conditions for accidents and man-made disasters or the real threat of creation of such danger; the dissemination of threats in any form and by any means; other actions aimed at creating danger to life and health of people; significant damage to property, or other socially dangerous consequences.
Adherence to Global and Regional Terrorism Treaties
Turkmenistan is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
There is no regional treaty on terrorism to which Turkmenistan can adhere.
Laws and Penalties for Terrorist Offences
The ordinary penalty for terrorism is imprisonment for a term of five to ten years.Art. 271(1), Criminal Code of Turkmenistan.Repeated acts or acts as part of a conspiracy attract a sentence of eight to fifteen years in prison.Art. 271(2), Criminal Code of Turkmenistan.Where death is caused during the commission of the offence, the maximum penalty is twenty-five years' imprisonment.Art. 271(3), Criminal Code of Turkmenistan.
Counterterrorism Capacities and Policies at Domestic Level
Turkmenistan's security forces have dedicated counterterrorism expertise.
Glossary
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