CAT/C/TJK/CO/3
persons for “conversations” or as witnesses to police stations in order to limit or prevent
their contact with legal representatives and family members, who find themselves in
unrecorded detention before official criminal charges are brought against them. The
Committee also remains concerned that apprehended persons do not undergo an
independent medical examination upon admission to police stations and temporary
detention facilities, that an official central register is not maintained at all stages of
detention and that the 72-hour period of pre-charge police custody has not been reduced to
48 hours (arts. 2, 12, 13 and 16).
18.
The State party should:
(a)
Take effective measures to guarantee that all detained persons, including
minors, are afforded in practice all the fundamental legal safeguards from the very
outset of their deprivation of liberty, in accordance with international standards,
including the safeguards mentioned in paragraphs 13 and 14 of the Committee’s
general comment No. 2 (2007) on the implementation of article 2. In particular, it
should ensure that detainees have the following safeguards:
(i)
To be informed about the charges against them and about their rights,
both orally and in writing, in a language that they understand, and to sign a
paper confirming that they have understood the information provided to them;
(ii)
To have all periods of deprivation of liberty accurately recorded
immediately after apprehension or arrest in a register at the place of detention,
including for persons in administrative detention and those invited informally
to police stations for “conversations” or as witnesses and who are subsequently
detained without official status before official charges are brought against them,
as well as in a central register of persons deprived of liberty, to have detention
reports drawn up accordingly to prevent any cases of unrecorded detention,
and to ensure access to the register of detainees by their respective lawyers and
relatives;
(iii) To have prompt access to a lawyer from the very outset of deprivation of
liberty, and, if necessary, to legal aid, including during the initial interrogation;
(iv) To receive a medical examination conducted confidentially by an
independent doctor within 24 hours of arriving in a place of detention, and to
have the right to request and receive, at any time, an independent medical
examination. The State party should guarantee in practice the independence of
doctors and other medical staff dealing with persons deprived of liberty, ensure
that such staff duly document all signs and allegations of torture or illtreatment, provide a copy of the results of the medical examination without
delay to competent appropriate authorities for further investigation and make
them available to the detained person concerned and his or her lawyer;
(v)
To be able to notify a family member or any other person of their own
choice of their detention immediately after apprehension and not only after
seeing a judge;
(b)
Bring all detained persons promptly before a judge, in line with
international standards, and reduce the 72-hour period of pre-charge police custody;
(c)
Start monitoring the effective implementation of these recommendations
by collecting data on the performance of the police concerning the provision of
fundamental safeguards to persons deprived of their liberty, including comprehensive
data on cases in which police officers have been subjected to disciplinary or other
measures for failing to respect such safeguards, and should provide this information
in its next report to the Committee.
Access to independent lawyers
19.
The Committee is concerned that recent amendments to the Bar and Advocacy Act
have given the Ministry of Justice undue influence over the qualifications commission
responsible for licensing lawyers and have led to a dramatic drop in the number of lawyers
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