CAT/C/TJK/CO/3
Procedure prohibiting the extradition of a person if there is evidence to suggest that he or
she might be tortured, the Committee is concerned that the State party did not provide
information it requested on the number of individuals deported from its territory,
particularly to Afghanistan, since 2012. It is also concerned at reports it has received stating
that individuals who have been deported to Afghanistan have not benefited from a refugee
status determination procedure that could assess whether they face a risk of torture upon
return. The Committee is further concerned at reports that its legislation presently provides
that refugees who violate its laws concerning border crossing or the residence restrictions
imposed on asylum seekers and refugees under resolutions 325 (2000) and 328 (2004),
which list settlement areas in Tajikistan where temporary residence is prohibited to them,
may face revocation of the refugee status they have been granted and expulsion from the
country. It is concerned that members of the Hazara ethnic group from Afghanistan have
been particularly singled out by the authorities and targeted for deportation (arts. 2, 3, 4, 5,
6 and 16).
30.
The State party should:
(a)
Refrain from expelling, deporting, returning or extraditing any
individual at risk of being subjected to torture upon return;
(b)
Ensure that all individuals subject to expulsion, deportation, return or
extradition have an opportunity for effective and impartial review by an independent
decision-making mechanism of claims that they are at risk of being subjected to
torture, and that the decisions of such a body have suspensive effect;
(c)
Consider revising its legislation, especially resolutions 325 and 328,
exempt asylum seekers from criminal responsibility for border crossing and penalties
for violating residence restrictions that result in revocation of refugee status and
deportation, in line with the provisions of the Convention relating to the Status of
Refugees, of 1951, and resume cooperation with the Office of the United Nations High
Commissioner for Refugees;
(d)
Undertake prompt, effective investigations into allegations of illtreatment of refugees and asylum seekers by State Committee for National Security
agents, including discriminatory targeting of Hazara refugees from Afghanistan for
deportation, and hold perpetrators accountable;
(e)
Provide data and statistics in its next periodic report on the number of
individuals deported from its territory.
Training
31.
The Committee is concerned that training on the provisions of the Convention, and
in particular on the absolute prohibition of torture, is not mandatory for law enforcement
officials, prison staff, judges, prosecutors, court officials, lawyers and military personnel
(art. 10).
32.
The State party should ensure that training on the provisions of the Convention
and on the absolute prohibition of torture should be mandatory for law enforcement
officials, prison staff, judges, prosecutors, court officials, lawyers and military
personnel. In addition, law enforcement officials should receive training on noncoercive investigation techniques, on the Code of Conduct for Law Enforcement
Officials and on the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials. The State party should develop methodologies to assess the
impact of these training programmes and adjust them in conformity with the
professional training needs of the above-mentioned officials.
Conditions of detention
33.
While noting the improvements made during the period under review in places of
deprivation of liberty, the Committee is concerned that conditions of detention — such as
overcrowding, and inadequate material conditions of detention, including adequate food
and drinking water, heating, ventilation, and sanitary and hygiene facilities, as well as
treatment for transmissible diseases, and meaningful activities and outdoor exercise — do
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