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gravity of the act committed, make the results of such investigations public, and
provide compensation and full rehabilitation to victims, including through
appropriate medical and psychological assistance.
Evidence obtained under torture and lack of ex-officio investigations
13.
While welcoming the inclusion of article 88(3) to the Criminal Procedural Code in
March 2008, which provides that evidence obtained through “physical force, pressure,
cruelty, inhumanity and by other illegal methods” may not be used as evidence in a
criminal case, as well as the June 2012 decree of the Supreme Court clarifying the concept
of inadmissibility of evidence obtained under illegal methods, the Committee expresses
concern at the lack of effective enforcement mechanisms and implementation in practice. It
is also concerned at reports that judges frequently dismiss allegations of torture when raised
by defendants, and that unless a formal complaint is submitted, the prosecutor will not
launch an investigation (art. 15).
The Committee urges the State party to guarantee, in practice, that statements
obtained by torture are not invoked as evidence in any proceedings. The State party
should ensure that in any case in which a person alleges that a confession was
obtained through torture, the proceedings are suspended until the claim has been
thoroughly investigated. The Committee urges the State party to review cases of
convictions based solely on confessions.
Conditions of detention
14.
While welcoming current efforts by the State party to improve conditions of
detention in prisons and pretrial detention facilities, the Committee is concerned at:
(a)
Reports of lack of hot water supply; inadequate sanitary conditions; poor
ventilation; lack of means to dry clothes, which leads to respiratory infections and sickness;
lack of personal hygiene products; and inadequate food and health care;
(b)
Unnecessarily strict regimes for inmates serving life imprisonment, who are
reportedly confined in virtual isolation in their cells for up to 23 hours a day in small,
airless cells; do not have access to lawyers; are only permitted visits by family members
once a year; and are denied various activities in prison;
(c)
Continued lack of systematic and independent review of all places of
detention by national or international monitors, including the International Committee of
the Red Cross (ICRC). While noting that the Ombudsman may undertake visits to places of
detention, the Committee is concerned that the findings are not made public;
(d)
The lack of a complaints mechanism for detainees. Despite the information
provided by the State party that complaints of torture or ill-treatment can be submitted in
sealed envelopes, they reportedly do not reach the relevant authorities and prisoners often
do not have access to pens and paper;
(e)
The fact that the number, location, capacity, and the number of detainees in
penitentiary institutions in Tajikistan are considered as “state secrets”.
The State party should:
(a)
Allocate sufficient budgetary resources to improve conditions in all
places of detention;
(b)
Eliminate the complete isolation of prisoners serving life imprisonment,
improve their living conditions, and repeal legislation limiting their contacts with
lawyers and family members;
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