The majority of Turkmenistan's citizens are ethnic Turkmen; other ethnic groups include Russian and Uzbek. Turkmen is the official language of Turkmenistan, though Russian still is widely spoken as a "language of inter-ethnic communication" (per the 1992 Constitution). Education is universal and mandatory through the secondary level, the total duration of which was recently reduced from 11 to 9 years.

The territory of Turkmenistan has been populated since ancient times, as armies from one empire to another decamped on their way to more prosperous territories. Tribes of horse-breeding Turkmen drifted into the territory of Turkmenistan, possibly from the Altay Mountains, and grazed along the outskirts of the Karakum Desert into Persia, Syria, and Anatolia.

Alexander the Great conquered the territory in the 4th century B.C. on his way to India. One hundred fifty years later the Parthian Kingdom took control of Turkmenistan, establishing its capital in Nisa, an area now located in the suburbs of the modern-day capital of Ashgabat. In the 7th century A.D. Arabs conquered this region, bringing with them the Islamic religion and incorporating the Turkmen into Middle Eastern culture. It was around this time that the famous "Silk Road" was established as a major trading route between Asia and Europe.

In the middle of the 11th century, the powerful Turks of the Seldjuk Empire concentrated their strength in the territory of Turkmenistan in an attempt to expand into Afghanistan. The empire broke down in the second half of the 12th century, and the Turkmen lost their independence when Genghis Khan took control of the eastern Caspian Sea region on his march west. For the next seven centuries, the Turkmen people lived under various empires and fought constant intertribal wars.

From the 16th century on, Turkmen raiders on horseback preyed on passing caravans, pillaging and taking prisoners for the slave trade. In order to consolidate the Tsarist Empire in Central Asia, and upon the pretext of freeing Russian citizens from slavery, Russia sent forces to Turkmenistan, and in 1881 fighting climaxed with the massacre of 7,000 Turkmen at the desert fortress of Geok Depe, near modern Ashgabat; another 8,000 were killed trying to flee across the desert. By 1894 imperial Russia had taken control of Turkmenistan. The October Revolution of 1917 in Russia and subsequent political unrest led to the declaration of the Turkmen Republic as one of the 15 republics of the Soviet Union in 1924. At this time the modern borders of Turkmenistan were formed.

The Turkmen Republic was under full control of Moscow, which exploited its raw material resources for the purposes of the Soviet Union. Sovereignty was only a formality since Russia ultimately ruled all Soviet states.

Turkmenistan was an important supplier of raw materials, especially cotton, oil, and natural gas, during the Soviet era. One-half of its irrigated land is planted in cotton, making it at one time the world's 10th-largest producer. However, poor crops in recent years have led to a decline in overall cotton production. Turkmenistan possesses the world's fifth-largest known reserves of natural gas as well as substantial oil resources. Until 1993, Turkmenistan experienced less severe economic decline in comparison with other former Soviet states because it was able to sell its natural gas and oil at world prices. In 1994, the Russian Government refused to allow exported Turkmen gas to pass through Russian pipelines to hard currency markets. Industrial production of gas fell sharply, putting the budget into deficit--a deficit that has since continued to rise sharply. Currently, Turkmenistan is heavily dependent on Russian pipelines to reach markets in Europe.

After Russia's refusal to transport Turkmenistan's gas, a difficult investment environment, high rates of inflation, and heavy government regulations made further economic progress unlikely. In the absence of gas revenues, Turkmenistan turned to the export of cotton, but poor harvests have had weak economic returns. In 1996 the economy bottomed out, and inflation rates continued to climb. Although the government avoided privatization, it attempted to fix the situation by creating a stabilization program aimed at a unified and market-based exchange rate, the allocation of government credits by auction, and strict limits on budget deficits. However, partial price liberalization, the end of subsidies from Moscow, and poor control over fiscal and monetary aggregates contributed to the high rates of inflation and significant drops in living standards.

With an authoritarian post-communist regime in power, Turkmenistan has taken a cautious approach to economic reform, hoping to use gas and cotton sales to sustain its inefficient economy. Privatization goals remain limited. Between 1998 and 2004, Turkmenistan has suffered from the continued lack of adequate export routes for natural gas and from obligations on extensive short-term external debt. At the same time, however, the value of total exports has risen sharply because of higher international oil and gas prices. Prospects in the near future are discouraging because of widespread internal poverty, the burden of foreign debt, and the unwillingness of the government to adopt market-oriented reforms. Turkmenistan's economic statistics are closely held secrets, and published GDP and other figures are subject to wide margins of error. Turkmenistan's unrealistic goal of "self-sufficiency" also artificially sustains the cultivation of inefficient crops, such as wheat. Turkmenistan has cooperated with the international community in transporting humanitarian aid to Afghanistan.

Traditionally, the Turkmen of Turkmenistan, like their kin in Uzbekistan, Afghanistan, and Iran, are Sunni Muslims. Shia Muslims, the other main branch of Islam, are not numerous in Turkmenistan, and the Shia religious practices of the Azerbaijani and Kurdish minorities are not politicized. Although the great majority of Turkmen readily identify themselves as Muslims and acknowledge Islam as an integral part of their cultural heritage, many are non-believers and support a revival of the religion's status only as an element of national revival. They do not attend mosque services or demonstrate their adherence publicly, except through participation in officially sanctioned national traditions associated with Islam on a popular level, including life-cycle events such as weddings, burials, and pilgrimages.

Islam came to the Turkmen primarily through the activities of Sufi shaykhs rather than through the mosque and the "high" written tradition of sedentary culture. These shaykhs were holy men critical in the process of reconciling Islamic beliefs with pre-Islamic belief systems; they often were adopted as "patron saints" of particular clans or tribal groups, thereby becoming their "founders." Reformulation of communal identity around such figures accounts for one of the highly localized developments of Islamic practice in Turkmenistan.

Integrated within the Turkmen tribal structure is the "holy" tribe called övlat . Ethnographers consider the övlat, of which six are active, as a revitalized form of the ancestor cult injected with Sufism. According to their genealogies, each tribe descends from the Prophet Muhammad through one of the Four Caliphs. Because of their belief in the sacred origin and spiritual powers of the övlat representatives, Turkmen accord these tribes a special, holy status. In the eighteenth and nineteenth centuries, the övlat tribes became dispersed in small, compact groups in Turkmenistan. They attended and conferred blessings on all important communal and life-cycle events, and also acted as mediators between clans and tribes. The institution of the övlat retains some authority today. Many of the Turkmen who are revered for their spiritual powers trace their lineage to an övlat, and it is not uncommon, especially in rural areas, for such individuals to be present at life-cycle and other communal celebrations.

In the Soviet era, all religious beliefs were attacked by the communist authorities as superstition and "vestiges of the past." Most religious schooling and religious observance were banned, and the vast majority of mosques were closed. An official Muslim Board of Central Asia with a headquarters in Tashkent was established during World War II to supervise Islam in Central Asia. For the most part, the Muslim Board functioned as an instrument of propaganda whose activities did little to enhance the Muslim cause. Atheist indoctrination stifled religious development and contributed to the isolation of the Turkmen from the international Muslim community. Some religious customs, such as Muslim burial and male circumcision, continued to be practiced throughout the Soviet period, but most religious belief, knowledge, and customs were preserved only in rural areas in "folk form" as a kind of unofficial Islam not sanctioned by the state-run Spiritual Directorate.

Though they are not often publicized, incidents of violent crime, such as assault, rape, and murder, occur in Turkmenistan; at times, foreigners have been victims of these crimes. Factors contributing to the incidence of violent crime include prostitution, heroin use, and worsening economic conditions. There is a high incidence of petty theft in crowded public places, such as the local bazaars. Visitors should take appropriate measures to safeguard their passports and valuables in such areas.

The 1992 constitution declares that Turkmenistan is a state based on the rule of law, and that the constitution is the supreme law of the land. As one of the three branches of government, the judiciary is charged with upholding the constitution and the Supreme Law, as the national codex of civil and criminal law is called. The Ministry of Justice oversees the judicial system, while the Office of the Procurator General is responsible for ensuring that investigative agencies and court proceedings are in compliance with the constitution and the Supreme Law. The president appoints the republic's procurator general and the procurators in each province, and the procurator general appoints those for the smallest political jurisdictions, the districts and the cities.

In 1996, thirteen crimes were punishable by death, but few executions were known to have been carried out. Prison riots in 1996 revealed that prison administration is corrupt and that conditions are overcrowded and squalid.

Observers of several trends in the administration of justice in this court system have concluded that rudimentary elements of legal culture are absent in the implementation of legal proceedings in Turkmenistan. First, the judiciary is subservient to the Ministry of Justice, and it is especially deferential to the wishes of the president. Second, because the Office of the Procurator General fills the roles of grand jury, criminal investigator, and public prosecutor, it dominates the judicial process, especially criminal proceedings. Third, disregard for due process occurs frequently when higher officials apply pressure to judges concerned about reappointment, a practice known as "telephone justice." Fourth, the legal system disregards the role of lawyers in civil and criminal proceedings, and the Ministry of Justice has not permitted an organized bar. Finally, the republic's citizenry remains largely ignorant of the procedures and issues involved in the nation's legal system.

The condition of the legal system and international doubts about human rights in Turkmenistan are indicators that this potentially prosperous former Soviet republic is far from Western-style democracy, despite the stability its government has achieved and the eagerness with which Western investors have approached it. Future years will determine whether this is a transitional stage of independent democracy, whether liberation from the Soviet empire has produced a permanently authoritarian nation, or whether the independent stance of the mid-1990s will yield to closer ties and more economic and military reliance on the Russian Federation.

The criminal justice system of Turkmenistan is deeply rooted in Soviet institutions and practices. Its Committee for National Security, headed by chairman Saparmurad Seidov, retains essentially the same functions, operations, and personnel of the Soviet-era KGB. As it did in the Soviet period, the Ministry of Internal Affairs continues to direct the operations of police departments and to work closely with the Committee for National Security on matters of national security.

The national police force, estimated to include 25,000 personnel, is under the jurisdiction of the Ministry of Internal Affairs. The force is located in cities and settlements throughout the country, with garrisons in Ashgabat, Gyzylarbat, and Dashhowuz. Police departments do not have an investigative function in Turkmenistan; that role is filled by the procurator's offices in Ashgabat and other cities. The police role is confined to routine maintenance of public order and to certain administrative tasks such as controlling the internal passport regime, issuing visas for foreign travel, and registering foreign guests.

At the national level, the primary security concerns are prevention of trafficking in drugs and other illegal commodities, and combatting organized and international crime. In December 1994, Turkmenistan's Committee for National Security and the Russian Federation's Foreign Intelligence Service (a successor agency to the KGB) signed a five-year agreement for cooperation in state security and mutual protection of the political, economic, and technological interests of the two states.

The Constitution and law prohibits arbitrary arrest and detention; however, arbitrary arrest and detention were serious problems. The MNB is responsible for ensuring that the Government remains in power and exercised wide discretion over issues such as exit visas and Internet access, and worked to limit personal freedoms. The MVD directed the criminal police, which worked closely with the MNB on matters of national security. The Minister of the MNB does not formally supervise other ministries; however, the MNB exercised control over personnel changes and enforced presidential decrees. Both the MNB and criminal police operated with impunity. The Government rarely investigated allegations of abuse and did not hold members of the security forces accountable for abuses. Corruption was a problem.

The court system is divided into three levels. At the highest level, the Supreme Court consists of twenty-two members, including a president and associate judges, and is divided into civil, criminal, and military chambers. The Supreme Court hears only cases of national importance; it does not function as an appeals court. At the next level, appellate courts function as courts of appeal in the six provinces and the city of Ashgabat. Sixty-one trial courts operate in the districts and in some cities, with jurisdiction over civil, criminal, and administrative matters. In courts at this level, a panel of judges presides in civil and criminal suits, and typically one judge decides administrative cases. Outside this structure, military courts decide cases involving military discipline and crimes committed by and against military personnel. Also, the Supreme Economic Court performs the same function as the state arbitration court of the Soviet period, arbitrating disputes between enterprises and state agencies. The constitution stipulates that all judges at all levels are appointed by the president to terms of five years, and they may be reappointed indefinitely. Enjoying immunity from criminal and civil liability for their judicial actions, judges can be removed only for cause.

The Constitution provides for an independent judiciary; however, in practice the judiciary was not independent. The President's power to select and dismiss judges subordinated the judiciary to the Presidency. The President appointed all judges for a term of 5 years. There was no legislative review of these appointments, except for the Chairman (Chief Justice) of the Supreme Court who was reviewed by the rubber stamp Mejlis. The President has the sole authority to dismiss all appointees before the completion of their terms.

The court system consists of a Supreme Court, 6 provincial courts (including 1 for the city of Ashgabat), and, at the lowest level, 61 district and city courts. Criminal offenses committed by members of the armed forces are tried in civilian courts under the authority of the Office of the Prosecutor General.

The law provides for the rights of due process for defendants, including a public trial, access to accusatory material, the right to call witnesses to testify on their behalf, a defense attorney, a court-appointed lawyer if the defendant could not afford one, and the right to represent oneself in court; however, in practice, authorities often denied these rights, and there were few independent lawyers available to represent defendants. At times, defendants were not allowed to confront or question witnesses against them. Defendants and their attorneys sometimes were denied access to government evidence against them. Frequently defendants did not enjoy a presumption of innocence. Even when due process rights were observed, the authority of the government prosecutor far exceeded that of the defense attorney, and it was very difficult for the defendant to receive a fair trial. Lower courts' decisions could be appealed, and the defendant could petition the President for clemency.

Courts allegedly ignored allegations of torture that defendants raised in trial.

In general, observers were not permitted access to ostensibly open court proceedings. In April 2003, the Government physically prevented foreign diplomats from attending the trial of alleged regime opponents; however, in May, diplomats attended the property trial of Dunya Yklimova Mahtimagamedova.

There were regular reports of individuals being arrested and requested to pay fines for breaking specific laws; however, when asked to see the law, Government officials refused.

At year's end, the Government held at least one political prisoner, Mukhametkuli Aimuradov.

The Government systemically failed to enforce the law with respect to restitution or compensation for confiscation of private property.

Conditions were poor in prisons, which were unsanitary, overcrowded, unsafe, and posed a threat to life. Disease, particularly tuberculosis, was rampant. The Turkmenistan Helsinki Foundation, an opposition website, reported that of the 9,000 prisoners released in 2003, many had tuberculosis and were released untested and untreated into the general population. Nutrition was poor and prisoners depended on relatives to supplement inadequate food supplies. Prisoners convicted for treason were unable to receive food or sundries from relatives.

Some prisoners died due to the combination of overcrowding, untreated illnesses, and lack of adequate protection from the summer heat.

Prisoners amnestied in 2003 swore an oath of allegiance to the "Rukhnama," President Niyazov's 2001 spiritual guidebook on the country's culture and heritage. Prisoners who refused to swear this oath were beaten.

There were three types of prisons throughout the country: Educational-labor colonies, correctional-labor colonies, and prisons. Some prisoners, usually former government officials, were sent into internal exile. In the correctional-labor colonies, relatives of prisoners reported excessive periods of isolation of prisoners in cells and "chambers." Authorities allegedly threatened, harassed, and abused minority religious prisoners in an attempt to force them to renounce their faiths. In Gyzylgaya prison, located in the Karakum Desert, prisoners were forced to work in a kaolin mine under hazardous and unhealthy conditions.

Men were held separately from women, and juveniles were held separately from adults. Pretrial detainees usually were held separately from convicted prisoners in detention centers. Prisoners held in connection with the November 2002 attack were reportedly held separately at the Ovadan Depe prison.

Government officials refused to respond to inquiries from family members and diplomats about prisoners' whereabouts or physical conditions. Government officials also refused to allow family members, foreign diplomats, or international observers, including the ICRC, to visit detainees or prisoners associated with the November 2002 attack. In May, however, the President made public comments that representatives of the international community would be welcome to visit prisons in the country. The Government held preliminary discussions with the ICRC regarding access.

Domestic violence is prohibited by law; however, laws were not effectively enforced. Anecdotal reports indicated that domestic violence against women was common. The problem was not usually discussed in society, and it is assumed that the majority of victims of domestic violence kept silent, either because they were unaware of their rights or afraid of increased violence from their husbands and relatives. There were a few court cases and occasional references to domestic violence in the media. One official women's group in Ashgabat and several informal groups in other regions assisted victims of domestic violence.

The law states that rape, including spousal rape, is illegal. Penalties were between 3 to 25 years based on the violence associated with the rape and if the attacker is a repeat offender, and the Government generally enforced it effectively against civilians; however, persons held for religious offenses stated that authorities threatened to rape female family members if they continued their activities.

Prostitution is illegal; however, authorities did not enforce the law effectively and it was a growing problem, particularly in Ashgabat.

There was no law specifically prohibiting sexual harassment, and there were anecdotal reports from local employees that sexual harassment existed in the workforce.

Women were underrepresented in the upper levels of government-owned economic enterprises and were concentrated in health care, education, and service professions. In April, President Niyazov ordered the firing of 15,000 government health workers, the majority of whom were women, because of budget cuts. Women were restricted from working in some dangerous and environmentally unsafe jobs.

The law provided women the same inheritance and marriage rights as men, and this was generally respected in practice.

Some NGOs worked on women's issues. The Government did not acknowledge that women suffered discrimination and therefore had no specific program for rectifying their disadvantaged position in society.

The Government's social umbrella covered the welfare needs of children; however, the Government did not take effective steps and did not have adequate resources to fully address the needs of children.

The Government provides 9 years of basic education. Girls and boys had equal access to education. Primary and secondary education was free and compulsory; however, class sizes continued to increase rapidly, facilities deteriorated, and funds for textbooks and supplies decreased. The Government stated approximately 95 percent of children between the ages of 7 and 16 attended school on a regular basis; however, a 2003 U.N. Development Program report listed school attendance at 81 percent. Girls comprised an estimated 49.1 percent of the student population. The amount of classroom time dedicated to learning the Rukhnama increased during the year, negatively affecting the overall quality of education. In September, Rukhnama II was introduced into the school curriculum, further reducing the time allotted to a traditional curriculum.

A 2000 presidential decree continued to reduce the number of teachers, which exacerbated the problems of already crowded classrooms and overworked teachers and further reduced the quality of education in the country.

During the year, the Government continued to downsize secondary schools, and limit courses taught in non-Turkmen languages, further degenerating the secondary school system and educational opportunities.

Poverty and healthcare problems led to a high rate of infant mortality. The Government invested in state of the art medical equipment and facilities; however, it did not invest in the training or budgeting of doctors or other medical personnel. From February to July, the Government dismissed approximately 15,000 nurses, replacing them with military conscripts untrained in administering medical treatment. There were a few reports of abuse of children, although there was no societal pattern of such abuse.

The law does not prohibit trafficking in persons; however, there were no verifiable reports that persons were trafficked to, from, or within the country.

The Penal Code prohibits prostitution, which is punishable by 2 years' imprisonment or hard labor. The penalty for involvement of a minor in prostitution or using force, threat, or blackmail to involve someone in prostitution is 3 to 8 years' imprisonment. The penalty for procuring persons for prostitution is 3 to 8 years' imprisonment with the possibility of confiscation of property.

There were unconfirmed and anecdotal reports of women from the country traveling to Turkey, the United Arab Emirates, and other countries to work as prostitutes, some of whom may have been trafficked. There were no reports of trafficking within the country. NGOs noted that the problem is of concern in rural areas where economic opportunities are extremely limited.

Internet research assisted by William I. Coremin and Sheetal Saini