CAT/C/TJK/CO/3
(c)
Designate a specific lead coordinating agency at the country level for the
implementation of the rehabilitation programme and make clear and adequate
budgetary provisions for the programme to function as a specialized service.
Corporal punishment of children
43.
The Committee is concerned at the absence of amendments to national legislation to
prevent all corporal punishment of children, particularly in public institutions, by or at the
instigation of or with the consent or acquiescence of a public official or other person acting
in an official capacity that engages the State’s responsibility under the Convention (arts. 2
and 16).
44.
The State party should amend national legislation in order to clearly prohibit
and prevent all corporal punishment of children, in particular in public institutions,
through acts or omissions by State agents and others who engage the State’s
responsibility under the Convention. It should promote non-violent disciplinary
methods in education and in bringing up and caring for children, through awarenessraising and public education campaigns about the harmful effects of corporal
punishment.
Hazing, ill-treatment and torture in the armed forces
45.
While noting the inspections of military units carried out by the Central Military
Procurator’s Office, the establishment of hotlines and boxes for complaints, the installation
of closed-circuit television systems in all units and the adoption of the violence prevention
concept, the Committee is concerned at reports of a large number of cases of violence,
including sexual, physical and verbal abuse, in the military, which has sometimes resulted
in serious injuries (arts. 2 and 16).
46.
The State party should:
(a)
Reinforce measures to prohibit and eliminate violence and abuse,
including sexual, physical and verbal abuse, in the military and ensure prompt,
impartial and thorough investigation of all allegations of hazing, ill-treatment or
torture in the military, and establish the liability of direct perpetrators and those in
the chain of command, and prosecute and punish those responsible with penalties that
are consistent with the gravity of the act committed;
(b)
Ensure that servicemen can submit complaints confidentially in order to
protect them from reprisals and that their complaints are promptly passed on to the
military prosecutors’ offices for investigation;
(c)
Ensure access for the Ombudsman and the Monitoring Group to carry
out unannounced monitoring visits to all military units and conduct confidential
interviews with conscripts;
(d)
Provide redress and rehabilitation to victims, including through
appropriate medical and psychological assistance, in accordance with the Committee’s
general comment No. 3.
Violence against women
47.
Although the State party reported that its Criminal Code covers “crimes associated
with domestic violence”, which include deliberate infliction of bodily injury (art. 113),
assault (art. 116) and torture (art. 117), the Committee is concerned that the State party
reported that 454 criminal cases were opened from 2015 to 2017 following reports of all the
above-mentioned forms of violence against women, but did not clarify in how many of
those cases alleged perpetrators were actually charged and/or prosecuted for torture (art.
117) and in how many they were charged and prosecuted for other crimes. The Committee
is also concerned at actions or omissions by State agents and others who engage State
responsibility in accordance with the Convention regarding reliable reports that many
police officers refuse to record or consider complaints of violence against women, and do
not investigate further, frequently trying instead to persuade the complainants to reconcile
with the perpetrators. The Committee regrets the reports that, as a result, prosecutions and
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