CAT/C/TJK/CO/2
European Court of Human Rights have been abducted by Tajikistani security forces in a
neighbouring country and forcibly returned to Tajikistan, and subsequently subjected to
torture and/or ill-treatment. Additionally, the Committee is concerned by reports that
Abdulvosi Latipov, former member of the United Tajik Opposition, has allegedly been
abducted from the Russian Federation to Tajikistan in October 2012 and is being held
incommunicado (art. 3).
The State party should:
(a)
Clearly establish in law and respect its non-refoulement obligations
under article 3 of the Convention, including the right to appeal the issuance of an
extradition warrant, and refrain from seeking and accepting diplomatic assurances
from a State where there are substantial grounds for believing that a person would be
at risk of being subjected to torture. It should provide detailed information to the
Committee on all cases where such assurances have been provided;
(b)
Cease the practice of abducting and forcibly returning individuals to
Tajikistan from other States and subsequently holding them in incommunicado
detention, and ensure that they are not subjected to acts of torture and ill-treatment;
(c)
Disclose the whereabouts of Abdulvosi Latipov and ensure that he is not
subjected to torture or ill-treatment and that his fundamental rights are fully
guaranteed, including timely access to an independent lawyer.
Training
19.
The Committee welcomes the organization of human rights training programmes for
law enforcement officials, judges, prosecutorial staff and Ministry of Interior personnel
during the period under consideration, as well as the establishment of a Working Group
headed by the Chair of the Constitutional Court to raise awareness and build capacity of
law enforcement officials on the prohibition of torture. However, it remains concerned at
the lack of adequate training of law enforcement officials and medical professionals in
assessing and responding to cases of domestic violence against women, including rape,
violence against children, and trafficking. The Committee is further concerned that forensic
services are reportedly not staffed with medical personnel trained in documenting and
investigating torture in accordance with the provisions of the Manual on Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Istanbul Protocol) (art. 10).
The State party should strengthen training programmes for law enforcement officials,
judges, medical professionals, prosecutorial staff and prison staff on the requirements
of the Convention and undertake a comprehensive assessment of the impact of such
programmes. The State party should ensure that relevant officials, in particular
medical professionals, receive training on the use of the Istanbul Protocol to identify
and document signs of torture and ill-treatment. The State party should further
ensure adequate training of law enforcement officials and medical professionals in
assessing and responding to cases of domestic violence against women, including rape,
violence against children, and trafficking.
Juvenile Justice
20.
While noting the adoption of the National Action Plan on Juvenile Justice Reform
2010 – 2015, the Committee is concerned that the criminal juvenile system lacks juvenile
courts and judges specialized in juvenile justice. It is further concerned about reports that
children are frequently placed in pretrial detention and isolation cells in the Juvenile Colony
as a disciplinary measure; subjected to extended deprivation of liberty for minor offences;
denied their basic legal rights, including access to lawyers; and often mistreated by police
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