38.
Tajikistan
(1)
The Committee considered the initial report of Tajikistan (CAT/C/TJK/1) at its 726th and 729th meetings
(CAT/C/SR.726 and 729), held on 7 and 8 November 2006, and adopted, at its 744th meeting, held on
20 November 2006 (CAT/C/SR.744), the following conclusions and recommendations.
A. Introduction
(2)
The Committee welcomes the initial report of Tajikistan and the valuable information presented therein,
although observing that the report is submitted 10 years late. Also, the report should have covered the entire period
from 1995 to 2004, instead of only 2000 to 2004.
(3)
The Committee welcomes the additional information provided by the high-level delegation in its introductory
remarks and its readiness to answer the questions raised. The Committee notes, however, that, due to lack of time,
many of the questions asked by the Committee in the review of the initial report remained unanswered.
B. Positive aspects
(4)
The Committee notes the following positive measures:
(a)
The ratification by the State party of the major international human rights treaties, including the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International
Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the
International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the
Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families;
(b)
The ratification of other important instruments that contribute to the protection of human rights, such
as the Rome Statute of the International Criminal Court and the United Nations Convention against Corruption;
(c)
The establishment of the Government Commission on Ensuring Compliance with International
Human Rights Obligations and the Office for Constitutional Guarantees of Citizens’ Rights;
(d)
of Justice;
The transfer of authority over the prison system from the Ministry of Internal Affairs to the Ministry
(e)
The opening to international scrutiny as seen in its authorizing the visit by the Special Rapporteur on
the independence of judges and lawyers in 2005;
(f)
The assurance by the representative of the State party that due consideration will be given to
introducing arrest warrants in the draft Criminal Code;
(g)
(h)
offence.
The current policy of commuting of all existing death sentences in the State party;
The adoption of article 130 of the Criminal Code, establishing that human trafficking is a criminal
C. Principal subjects of concern and recommendations
Definition
(5)
The definition of torture provided in domestic law (arts. 117, 316 and 354 of the 1998 Criminal Code) is not
fully in conformity with the definition in article 1 of the Convention, particularly regarding purposes of torture and
its applicability to all public officials and others acting in an official capacity.
42
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