A/HRC/22/53/Add.4
done independently, the absence of physical evidence is also not dispositive of the issue, as it
depends on the type of mistreatment and the time elapsed, among other factors. The Special
Rapporteur reiterates that Paragraph l of Human Rights Council Resolution 16/23 which
“Condemns all forms of torture and other cruel, inhuman or degrading treatment or
punishment, including through intimidation, which are and shall remain prohibited at any
time and in any place whatsoever and can thus never be justified, and calls upon all States to
implement fully the absolute and non-derogable prohibition of torture and other cruel,
inhuman or degrading treatment or punishment.” Furthermore, paragraph 8(a) of Human
Rights Council Resolution 16/23 states that “[i]ntimidation and coercion, as described in
article 1 of the Convention against Torture, including serious and credible threats, as well as
death threats, to the physical integrity of the victim or of a third person can amount to cruel,
inhuman or degrading treatment or to torture.” The Special Rapporteur concludes that the
government has not sufficiently dispelled the credible allegations received and urges it to
investigate further.
(b)
AL 14/06/2012 Case No. TJK 2/2012 State reply: None to date Alleged intimidation,
mistreatment and threats to a group of detainees
138. The Special Rapporteur regrets that the Government of Tajikistan has not responded to
this communication, thereby failing to cooperate with the mandate established by the Human
Rights Council. The communication referred to the alleged intimidation, mistreatment, and
threats towards inmates being held at the Ministry of Justice minimum security prison known
as a „settlement colony‟ YaT 9/7 located in the city of Kurgan-Tube, Tajikistan. It is also
alleged that the inmates‟ complaints against their mistreatment have been ignored by prison
officials, and in one case prison officials retaliated against a complaint by placing the
complaining inmate in solitary confinement. The Special Rapporteur reiterates that paragraph
7 (b) of Resolution 8/8 of the Human Rights Council states that “Intimidation and coercion,
as described in article l of the Convention against Torture, including serious and credible
threats, as well as death threats, to the physical integrity of the victim or of a third person, can
amount to cruel, inhuman or degrading treatment or to torture.” In addition, article 13 of the
CAT, requires that “Each State Party shall ensure that any individual who alleges he has been
subjected to torture in any territory under its jurisdiction has the right to complain to, and to
have his case promptly and impartially examined by, its competent authorities. Steps shall be
taken to ensure that the complainant and witnesses are protected against all ill- treatment or
intimidation as a consequence of his complaint or any evidence given.” Based on the fact that
no evidence has been provided to the contrary, the Special Rapporteur determines that the
rights of the victims under the UN Convention against Torture have been violated. The
Special Rapporteur calls on the Government of Tajikistan to ensure a prompt and impartial
investigation of the alleged violations, leading to prosecution and punishment of the
perpetrators, and the provision of redress, compensation and rehabilitation to the victims and
their families.
(c)
JUA 20/11/2012 Case No. TJK 4/2012 State reply: None to date Alleged closing of
Association of Young Lawyers of Tajikistan following decision of the Khujand City
Court
139. The Special Rapporteur regrets that the Government of Tajikistan has not responded to
this communication, thereby failing to cooperate with the mandate established by the Human
Rights Council. The communication referred to the alleged closing of the Association of
Young Lawyers of Tajikistan “Amparo”, following the decision of the Khujand City Court at
the request of the Ministry of Justice. Amparo is a leading organization which provides free
legal aid, human rights education, and training, and is a member of the Coalition against
Torture. An Urgent Appeal was previously sent to the Government of Tajikistan in August
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