Date of Award

10-14-2024

Publication Type

Thesis

Degree Name

LL.M.

Department

Faculty of Law

Keywords

access to justice;legal aid;legal awareness;legal defence;legal representation;rule of law

Supervisor

Jasminka Kalajdzic

Supervisor

Irina Ceric

Abstract

Access to legal aid is fundamental to justice and human rights, as emphasized by numerous international and regional treaties. Though a signatory to these instruments, Tajikistan lacked a funded legal aid system for a considerable period, compelling lawyers to offer services without compensation. In 2015, with the financial support of the United Nations Development Programme, Tajikistan established a state-funded legal aid system for vulnerable populations. While this government initiative appeared to be a promising step towards ensuring access to justice, its implementation has fallen short of its goals. Currently, not all vulnerable individuals are adequately covered, and many criminal cases are adjudicated without proper defence, leading to violations of fundamental human rights. Legal scholarship highlights the critical role of legal aid in ensuring to access justice for vulnerable individuals. It examines various factors affecting legal aid, such as inadequate funding, a shortage of qualified professionals, and socio-economic barriers. This thesis critically analyzes Tajikistan’s criminal legal aid system with a focus on accessibility, effectiveness, and the barriers for vulnerable populations. The system, established to support economically disadvantaged individuals, has been undermined by an improper means test, a lack of public awareness, a limited number of qualified lawyers, and the low quality of legal services provided. Key words: access to justice, legal aid, legal representation, legal defence, legal awareness.

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Law Commons

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