Recently, law enforcement reports in Tajikistan have frequently highlighted the detention of girls and women for “immoral behavior,” with their faces often displayed as preview images in news articles.

In the latest case from Khujand, the capital of the northern province of Sughd, over a hundred women were detained at entertainment venues as part of an effort to combat immorality.  Some of these women were allegedly providing intimate services, according to law enforcement officials.

Experts however argue that such actions by the police not only discriminate against women but also fail to address the underlying issues.

Why were the women detained?

According to the Interior Ministry’s Office in Sughd province, police conducted raids at entertainment venues in Khujand as part of Operation, dubbed  “Akhloq" (Morality).  The goal of these raids was to combat immoral behavior and prevent sexually transmitted diseases.  Within just a few hours, police detained 156 women, aged 18 to 45, living in Khujand and surrounding areas.  Some of the women, according to authorities, were involved in providing intimate services.

All detainees were taken to the police station, where they were given lectures on the consequences of living an immoral lifestyle. They were also sent for medical examinations to detect sexually transmitted infections.

“As a result of the raid, 50 administrative protocols were drawn up for the absence of registration and prostitution," the Sughd police spokesman stated in a comment to Asia-Plus.  The operation is reportedly ongoing to reduce crimes related to immoral behavior and to prevent social diseases in the region.

However, human rights lawyer, Ms. Dilrabo Samadova, noted that detaining women in entertainment centers could be considered an abuse of power if there isn't sufficient evidence to believe that they are providing intimate services for money.  "Spending time in entertainment venues is not prohibited, nor is socializing with potential partners. What is illegal is the provision of intimate services for payment," she emphasized.

Samadova also pointed out that police should only detain individuals to prevent violations, establish identity (if it couldn't be done on the spot), or bring them to administrative responsibility, but only if there is a legal basis.  She highlighted that all personal data (names, photos, addresses) that can identify individuals should remain confidential.  "If someone believes that their rights and freedoms were violated by police actions, they have the right to file a complaint with a higher internal affairs body, the prosecutor's office, or the court," she concluded.

"If detaining, then not just women"

In Tajikistan, the provision of sexual services is considered an administrative offense, punishable by fines or administrative detention.  However, experts point out that the law lacks a clear definition of "prostitution" and its characteristics.

"The term 'prostitution' is vaguely and imprecisely defined in the code: there is no clear description, no criteria by which it can be identified or proven, nor is there clarification about who should be held accountable — the service provider or the consumer," says Ms. Zulaikho Usmonova, a gender studies expert.  She believes that unless the law is revised, any woman who decides to go to a bar with a man, whether a friend, colleague, or fiancé, could be at risk of detention, which is unacceptable in a democratic society.

Usmonova further argued that arresting women involved in sex work is a questionable measure.  “If arrests are to be made, they should involve everyone participating in this 'business' — pimps, middlemen, and clients of sex workers.”

Ms. Nisso Rasoulova, a journalist and gender expert, added that while combating immoral behavior and preventing sexually transmitted diseases are important and necessary tasks, placing the entire responsibility on women is misguided.

"There are just as many men using the services of sex workers in these entertainment venues, and they are equally capable of spreading sexually transmitted infections.  Yet, for some reason, they are not held accountable. This is clear gender inequality," Rasoulova noted.

The detentions violate several procedural rights

Being present in a nightclub is not evidence of engaging in prostitution, stated Ms. Larisa Alexandrova, a human rights lawyer.  The basis for prosecution can only be the exchange of intimate services for money or other benefits, but proving this is nearly impossible without documenting both the intimate act and the transaction.

Furthermore, Alexandrova argued that several procedural rights were violated in these detentions.  The publication of women's photos and videos without a court ruling or conviction infringes on their right to privacy, as outlined in Article 23 of the Constitution of Tajikistan.  This is also covered in Article 5 (7) of the Law "On Operational and Investigative Activities."