CAT/C/TJK/CO/2
(c)
Take concrete steps, as a matter of priority, to ratify the Optional
Protocol to the Convention and establish an effective National Preventative
Mechanism which is resourced and permitted to conduct regular, independent,
unannounced and unrestricted visits of inspection to all places of deprivation of
liberty, with opportunity for inspectors to speak privately with individual detainees.
In the meantime, grant unimpeded access to the ICRC and independent nongovernmental organizations to all places of detention, and ensure that the
Ombudsman undertakes regular, unannounced visits to all places of deprivation of
liberty, accompanied by medical professionals, including to places of police custody,
and that the findings are made available publicly;
(d)
Establish an effective, accessible and confidential system for receiving
and processing complaints regarding torture or ill-treatment in all places of detention,
and ensure that: (i) every detainee has unimpeded and unsupervised access to the
prosecutor upon request; (ii) all complaints are promptly, impartially and effectively
investigated; (iii) perpetrators are punished with appropriate penalties; and (iv)
complainants do not suffer any reprisals;
(e)
Make the number, location, capacity, and the number of detainees in
detention facilities available publicly, taking note of the statement made by the
delegation to consider doing so in the future.
Complaints, reprisals and protection of victims, witnesses and human rights defenders
15.
The Committee is concerned about reports that victims of, and witnesses to torture
and ill-treatment do not file complaints with the authorities for fear of reprisals and lack of
adequate follow-up. Additionally, while noting the removal of libel and insult from the
Criminal Code in July 2012, the Committee remains concerned about reports of harassment
and intimidation of journalists and human rights defenders who report on torture and illtreatment. In particular, the Committee is concerned about the information received that
victims of alleged torture and their families, journalists, lawyers, medical experts and
human rights defenders who raised concerns with the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment during his visit to Tajikistan in
May 2012 have subsequently faced harassment and intimidation from authorities.
Furthermore, while the Committee takes note of the information provided by the
delegation, it is nevertheless concerned about the recent closure of the Association of
Young Lawyers of Tajikistan (Amparo), a member of the Coalition Against Torture that
engaged with the Special Rapporteur during his visit, pursuant to a motion filed by the
Ministry of Justice to dissolve the organization on administrative grounds and a decision
taken by the Khujand City Court on 24 October 2012 to this effect (arts. 12 and 13).
The Committee urges the State party to establish a fully resourced, effective,
independent and accessible mechanism to investigate and facilitate the submission of
complaints by victims and witnesses of torture and ill-treatment to public authorities,
as pledged by the State party following the universal periodic review in March 2012.
It should also ensure in practice that complainants and civil society organizations are
protected against any ill-treatment, intimidation or reprisals as a consequence of their
complaint, and that appropriate disciplinary, or where relevant, criminal measures,
are taken against law enforcement officials for such actions.
Violence against women and children
16.
The Committee is deeply concerned about the lack of any domestic legislation
criminalizing acts of violence against women, despite the existence since 2009 of a draft
law on “social and legal protection against domestic violence”; reports of high prevalence
of domestic violence; difficulties in filing complaints; and the reluctance of law
6