CAT/C/TJK/CO/3
in the country, and that these developments are impeding the State party’s ability to ensure
that all people deprived of their liberty are able to access fundamental legal safeguards
against torture and ill-treatment — including prompt access to an independent lawyer — in
practice (art. 2).
20.
The State party should amend the Bar and Advocacy Act with a view to
strengthening the independence of the qualifications commission from the Ministry of
Justice. The Committee recommends that the State party invite the Special
Rapporteur on the independence of judges and lawyers to visit the country.
Retaliation against victims of torture and their families, human rights defenders, and
journalists
21.
The Committee is deeply concerned at allegations that individuals who complain of
torture, members of their families, human rights defenders including lawyers representing
victims of torture, and journalists reporting on allegations of torture frequently face
reprisals by officials of the State party. In particular, the Committee is deeply concerned at
the absence of response to requests for information regarding its efforts to investigate
allegations that several human rights lawyers in the country appear to have been subjected
to arrest after agreeing to represent high-profile clients in detention, who seemed to face a
particularly acute risk of torture. The Committee regrets that in response to requests for
information regarding its efforts to investigate these allegations, the State party denied that
any such claims of reprisal had been received by the authorities and stated that any such
allegations involving lawyers engaged in high-profile cases were unfounded (arts. 2, 11, 12,
13 and 16).
22.
The State party should, as a matter of urgency:
(a)
Take measures to strengthen the ability of its public bodies to receive
and investigate effectively claims of retaliation by officials against victims of torture,
their family members, their lawyers, and journalists and human rights defenders;
(b)
Undertake an independent investigation into allegations that human
rights lawyers Shuhrat Kudratov, Buzurgmehr Yorov and Nuriddin Mahkamov were
prosecuted in retaliation for their representation of detained members of the New
Tajikistan Party and the Islamic Renaissance Party of Tajikistan, and that Firuz
Tabarov was arrested and prosecuted in retaliation for his father’s representation of
Zayd Saidov, the leader of the New Tajikistan Party.
Deaths in custody
23.
The Committee is concerned at reports of several instances of death in custody,
including suicides and deaths that occurred due to a high incidence of tuberculosis and
HIV/AIDS among prisoners, and due to the lack of prompt screening on admission and lack
of adequate medical care offered to ill prisoners, and at the large number of cases in which
the penitentiary authorities have not issued reports on the causes of deaths in custody. The
Committee also remains concerned about the outcomes of the investigation into the deaths
of three persons: Kurbon Mannonov, Nozimdshon Tashirpov and Ismonboy Boboev (arts. 2,
12, 13, 14 and 16).
24.
The State party should:
(a)
Continue taking measures to combat the spread of infectious diseases
and implement vigorously harm reduction programmes in pretrial detention facilities
and prisons in order to reduce the number of deaths from tuberculosis and the
incidence of HIV/AIDS, including by screening for these diseases on admission to
places of detention;
(b)
Investigate promptly, thoroughly and impartially all incidents of death
in custody, and ensure independent forensic examinations; provide autopsy reports to
the family members of the deceased and, if requested, permit family members to
commission private autopsies; and prosecute those responsible for violations of the
Convention resulting in such deaths, and if they are convicted, punish them
accordingly and provide compensation and redress to relatives of victims.
6