CAT/C/TJK/CO/2
(a)
Amend the CPC to ensure that arrest starts from the moment of de-facto
apprehension;
(b)
Establish an official, central register in which the arrest is scrupulously
and immediately recorded, including at the minimum: (i) the time of arrest; (ii) the
reason for arrest; (iii) the names of the arresting officer(s); (iv) the location where
they are detained and any subsequent transfers; and (v) the names of the officers
responsible for them in custody. Responsible officers who fail to record such
information should be held accountable;
(c)
Ensure that suspects are informed of their rights at the very moment of
apprehension as well as reasons for their detention;
(d)
Guarantee the right to access lawyers of their choice from the moment of
apprehension and to hold consultations in private, including through the adoption of
legal provisions in this respect;
(e)
Ensure that anyone arriving at a detention facility undergoes a routine
medical examination, and that access to independent doctors is provided when
requested by the detainee without conditioning such access on the permission or
request of officials;
(f)
Mandate that a detainee be brought promptly before a judge, in line
with international standards, and reduce the 72-hour period of police custody;
(g)
Amend the CPC to repeal the 12-hour period for notification of arrest by
law enforcement officers to family members;
(h)
Amend the CPC to ensure that pretrial detention is not authorized by
courts based only on the gravity of the alleged crime, and that periods of pretrial
detention cannot be extended when the prosecution has failed to present well-founded
grounds for the person to remain in custody.
Allegations of torture and ill-treatment
9.
The Committee is seriously concerned about numerous and consistent allegations,
corroborated by various sources, of routine use of torture and ill-treatment of suspects,
principally to extract confessions to be used in criminal proceedings, primarily during the
first hours of interrogation in police custody as well as in temporary and pretrial detention
facilities run by the State Committee of National Security and the Department for the Fight
against Organized Crime (arts. 2, 10, 11, 12, 13, 15 and 16).
As a matter of urgency, the State party should take immediate and effective steps to
eradicate and prevent acts of torture and ill-treatment throughout the country,
particularly in police custody and in temporary and pretrial detention facilities run by
the State Committee of National Security and the Department for the Fight Against
Organized Crime. The Committee further urges the State party to:
(a)
Promptly, effectively and impartially investigate all incidents and
allegations of torture and ill-treatment;
(b)
Prosecute those who are found to be responsible, and report publicly on
the outcomes of such prosecutions;
(c)
Maintain video recordings of all interrogations and install video
surveillance in all areas of custody facilities where detainees may be present, except in
cases where detainees’ right to privacy or to confidential communication with their
lawyer or a doctor may be violated. Such recordings should be kept in secure facilities
and be made available to investigators, detainees and their lawyers;
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