The State party should take effective legislative, administrative and judicial measures, such as the
establishment of an independent body, to ensure that all allegations of acts of torture and ill-treatment
by State agents are investigated, prosecuted and the perpetrators punished, including for acts of
torture and ill-treatment that occurred during the years 1995 to 1999. In connection with prima facie
cases of torture, the suspects should be subject to suspension or reassignment during the investigation.
Right to complain and obtain redress
(18)
The Committee is concerned at:
(a)
The lack of appropriate legislation and any effective, independent mechanism to permit victims of acts
of torture and ill-treatment to complain and have their case examined promptly and impartially; and
(b)
The lack of witness protection legislation and mechanisms, and of compensation for victims.
The State party should establish a fully independent complaints mechanism, outside the Procuracy,
for persons who are held in official custody; amend its current and planned legislation so that there
is no statute of limitation for registering complaints against acts of torture; and ensure that all
persons who report acts of torture or ill-treatment are adequately protected. The State party should
consider establishing a national human rights institution in accordance with the Paris Principles.
Further, the State party should enable victims of all forms of torture to file complaints and receive
fair and adequate compensation in a timely manner, including cases from 1995 to 1999.
Statements made as a result of torture
(19) There is a reported failure of judges to dismiss or return cases for further investigation in instances where
confessions were obtained as a result of torture, and numerous allegations of statements obtained as a result of
torture being used as evidence in legal proceedings. This is facilitated by the absence of legislation expressly
prohibiting the use of evidence obtained as a result of torture in legal proceedings.
The State party should review cases of convictions based solely on confessions in the period since
Tajikistan became a party to the Convention, recognizing that many of these may have been based
upon evidence obtained through torture or ill-treatment, and, as appropriate, provide prompt and
impartial investigations and take appropriate remedial measures. The State party should provide to
the Committee information on any jurisprudence that excludes statements obtained as a result of
torture being admitted as evidence. In addition, the State party should revise its legislation to prohibit
the use of evidence obtained as a result of torture in court proceedings.
Prison conditions
(20) There are allegations of poor conditions of detention, in particular, overcrowding, poor sanitation, staffing
shortages and a lack of medical attention for detainees.
The State party should take all necessary measures to improve conditions of detention.
(21) The Committee further recommends that the State party consider making the declaration under articles 21
and 22 of the Convention.
(22) The Committee requests the State party to provide in its next periodic report detailed statistical data regarding
cases of torture and other forms of cruel, inhuman or degrading treatment or punishment reported to administrative
authorities and the related investigations, prosecutions and penal and disciplinary sentences, including details of
applied articles of the Criminal Code, disaggregated by, inter alia, gender, ethnic group, geographical region, and
type and location of place of deprivation of liberty, where it occurred. In addition, information is also requested on
any compensation and rehabilitation provided to victims, including cases from 1995 to 2000.
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