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enforcement officials to intervene in such cases. It is further concerned about the lack of
domestic legislation prohibiting corporal punishment of children, despite allegations of its
widespread use in the family, schools and other educational establishments (arts. 2, 12, 13
and 16).
The State party should strengthen its efforts to prevent, combat and punish violence
against women and children, inter alia, by:
(a)
Swiftly adopting the draft law on “social and legal protection against
domestic violence” and criminalizing such acts;
(b)
Taking effective measures to ensure that victims of violence against
women and children, including domestic violence, can exercise their right to make
complaints, and that such complaints are thoroughly investigated and perpetrators
prosecuted and punished with appropriate penalties;
(c)
settings;
Adopting legislation to explicitly prohibit corporal punishment in all
(d)
Providing victims of domestic and sexual violence with immediate
protection and redress, including separation from perpetrators, provision of shelters,
and rehabilitation;
(e)
Training law-enforcement officials, judges and prosecutors on how to
receive, monitor and investigate complaints of domestic and sexual violence,
trafficking and violence against children in a sensitive manner that respects
confidentiality;
(f)
Organizing awareness-raising campaigns on the negative impact of
corporal punishment of children, as well on domestic and sexual violence.
Independence of the judiciary
17.
While welcoming the two-phase programme of judicial-legal reform aimed at
strengthening the judiciary, including through measures such as increasing the salary of
judges, the Committee is concerned that the judiciary remains weak, inefficient, and
influenced by the Council of Justice, an institution that is reportedly subordinate to the
President and the executive branch, and that the President is responsible for appointing and
dismissing judges (arts. 2, 12 and 13).
The State party should take measures to ensure the full independence and impartiality
of the judiciary in the performance of its functions, and review the regime of
appointment, promotion and dismissal of judges in line with the relevant international
standards, including the Basic Principles on the Independence of the Judiciary
(endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of
13 December 1985).
Non-refoulement and extradition
18.
The Committee is concerned that the Criminal Procedure Code does not contain any
provision on the absolute prohibition of extradition or deportation in cases where the
subject would be at risk of torture, and that there are no clear procedures in legislation for
challenging the legality before a court in extradition and deportation proceedings. It is also
concerned about reports of extradition requests made by the State party of persons alleged
to be members of banned Islamic groups, who, upon return to Tajikistan, are reportedly
held in incommunicado detention and in solitary confinement, and subjected to torture
and/or ill-treatment by law enforcement officials. It is further concerned by allegations that
persons facing risk of torture upon their return and have applied for interim measures at the
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