CAT/C/TJK/CO/3
Juvenile justice
39.
While noting the adoption of the Programme for Reform of the Juvenile Justice
System 2017–2021 and the existing capacity-building programmes on juvenile justice, the
Committee is concerned that the juvenile criminal justice system lacks juvenile courts and
judges who specialize in juvenile justice. It is also concerned about reports that children are
frequently placed in pretrial detention and isolation cells in the juvenile colony as a
disciplinary measure; and that cases of ill-treatment, including corporal punishment,
continue to be reported and there are no effective complaints mechanisms available for
detained minors (arts. 11, 12 and 16).
40.
The Committee urges the State party to:
(a)
Establish an effective and well-functioning juvenile justice system that is
in compliance with international standards, including with the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing
Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency
(the Riyadh Guidelines);
(b)
Bring its legislation and practice on solitary confinement into line with
international standards by abolishing the solitary confinement of juveniles both in law
and in practice;
(c)
Take effective measures to prevent ill-treatment and corporal
punishment of children in detention, including by investigating such acts and ensuring
that appropriate disciplinary or penal measures are taken and by establishing a
complaint mechanism for minors detained in pretrial and correctional facilities;
(d)
Strengthen existing and develop new educational and rehabilitation
programmes aimed at reducing juvenile recidivism and encouraging prosocial
behaviour, and provide adequate meaningful activities conducive to their social
integration;
(e)
Reduce the use of pretrial detention for juveniles and use non-custodial
measures, in line with the United Nations Standard Minimum Rules for Non-custodial
Measures (the Tokyo Rules).
Redress and rehabilitation
41.
While noting that the law provides for the possibility of awarding compensatory
damages, the Committee is concerned that punitive damages and reparation for torture and
ill-treatment currently do not exist, and that in practice, victims of torture do not receive fair
and adequate compensation. It is also concerned that, within the criminal procedure, victims
are eligible to file a complaint for redress only after perpetrators of torture have been
charged. The Committee is concerned at reports that it takes a long time to receive
compensation and that the amounts awarded for moral damage have been progressively
decreasing, especially the amounts of compensation allocated to victims of ill-treatment and
torture within the armed forces (art. 14).
42.
The State party should:
(a)
Ensure that victims of torture obtain redress and rehabilitation and have
an enforceable right to fair and adequate compensation, including the means for as
full a rehabilitation as possible by formulating a detailed rehabilitation programme.
The Committee draws the attention of the State party to the Committee’s general
comment No. 3 (2012) on the implementation of article 14 of the Convention, in which
the Committee explains the content and scope of the obligations of States parties to
provide full redress to victims of torture and recommends amending the domestic
legislation accordingly;
(b)
Ensure that the programme offers specialized rehabilitation services that
are appropriate, available and promptly accessible, in accordance with general
comment No. 3, and ensure that access is not conditional on the filing of formal
administrative or criminal complaints;
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