CAT/C/TJK/CO/2
(d)
Unambiguously reaffirm the absolute prohibition of torture and publicly
warn that anyone committing such acts or otherwise complicit or acquiescent in
torture will be held personally responsible before the law for such acts and will be
subject to criminal prosecution and appropriate penalties.
Deaths in custody
10.
The Committee is concerned at reports from the State party and non-governmental
organizations on several instances of deaths in custody, including the deaths of Ismonboy
Boboev, Usman Boboev, Khurshed Bobokalonov, Alovuddin Davlatov, Murodov
Dilshodbek, Hamza Ikromzoda, Khamzali Ikromzoda, Safarali Sangov, Bahromiddin
Shodiev and at the lack of effective and impartial investigations into these cases (arts. 2, 12
and 16).
The Committee urges the State party to promptly, impartially and effectively
investigate all deaths of detainees, assess any liability of public officials, ensure
punishment of perpetrators, and provide compensation to the families of the victims.
The Committee requests that the State party provide comprehensive updated
information on all reported cases of deaths in custody, including location, cause of
death and results of any investigations conducted into such deaths, including
punishment of perpetrators and compensation provided to relatives of victims.
Investigations and impunity
11.
The Committee is deeply concerned that allegations of torture and ill-treatment are
not promptly, impartially or effectively investigated and prosecuted, thus creating a climate
of impunity. The Committee is further concerned that under article 28(1) of the CPC, a
court, judge, prosecutor, or an investigator may terminate criminal proceedings and exempt
the person in question from criminal liability. Such actions can be taken on the basis of
repentance, conciliation with the victim, change of circumstances, or expiration of the
period of statute of limitation for criminal prosecution (arts. 2, 12, 13 and 16).
The State party should:
(a)
Take concrete steps to establish an effective and independent criminal
investigation mechanism with no connection to the body prosecuting the case against
the alleged victim;
(b)
Expedite prompt, impartial and thorough investigation into all
allegations of torture and ill-treatment and bring the alleged perpetrator to justice;
(c)
Revoke provisions in the CPC allowing termination of criminal
proceedings and exemption of the defendant from criminal liability whenever the case
concerns allegations of torture and ill-treatment.
Torture and ill-treatment in the armed forces
12.
While noting the establishment of hotlines and mobile monitoring units to address
the problem of hazing and ill-treatment of conscripts by officers and fellow soldiers in the
military, the Committee is concerned that such practices continue to be prevalent in the
State party (arts. 2 and 16).
The State party should reinforce measures to prohibit and eliminate hazing and illtreatment in the armed forces and ensure prompt, impartial and thorough
investigation of all allegations of such acts. Where evidence of hazing is found, it
should establish the liability of direct perpetrators and those in the chain of command,
prosecute and punish those responsible with penalties that are consistent with the
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