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; 10

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