DAY 5 - NOTABENE Notabene* “The inadmissibility of evidence tainted by torture: the case of Tajikistan” * Notabene is one of the leading think-tank organizations Tajikistan in the field of human rights and civil society development. Introduction On 10 February 1995, the Convention against Torture entered into force in Tajikistan. By acceding to this treaty, the Tajik authorities have undertaken to protect all persons under their jurisdiction from torture and other forms of ill-treatment and to reflect in law and in practice the principles enshrined in the Convention. Unfortunately, torture and forced confessions of suspects remain a pressing problem in Tajikistan. Recently, the government has taken measures to strengthen the prevention of torture and illtreatment. In the following, we analyze some of the most significant developments. The crime of torture: In 2012, the Criminal Code of the Republic of Tajikistan (hereinafter referred to as the CC of the RT) was amended with the article 1431 “torture”. On January 2, 2020, legal amendments were adopted to Article 1431 (“torture”) to include “a third person” as the subject of the crime in the definition of torture. At present, article 1431 includes the definition of torture as “intentional infliction of physical and (or) mental suffering committed by the person conducting the inquiry or preliminary investigation, or by another official, either with their instigation or with the tacit consent or with their knowledge by another person in order to obtain information or confession from a tortured or third person or punish him for an act that he or a third party has committed or is suspected of committing, as well as to intimidate or coerce him or a third party or for any other reason based on discrimination of any kind”. Article 1431 also provides for aggravating circumstances affecting the severity of punishment, such as committing torture: a) repeatedly; b) by a group of persons by prior agreement; c) against a woman known to the perpetrator to be pregnant, or a person known to be a minor or a person with a disability; d) with the infliction of a moderate bodily harm (part 2), if they are: a) committed with the infliction of serious bodily harm; b) causing the death of the victim through negligence or other serious consequences (part 3). Article 1431 of the Criminal Code of Tajikistan consists of the concept and qualifying elements, in accordance with which the punishment is provided. The amendments from 2020 also increased sanctions: in part 1 - from five to eight years in prison (previously it was: two to five years); with the deprivation of the right to hold certain positions or engage in certain activities for up to five years (previously up to three years); in part 2 - from eight to 12 years of imprisonment (previously from five to eight) with the deprivation of the right to occupy certain positions or engage in certain activities for a period of five to 10 years (previously: up to five years) and in part 3 - from 12 to 15 years imprisonment (previously from 10 to 15). Fines were also removed from the possible sanctions under Article 143 Part 1 of the Criminal Code. At present, the concept and sanctions for torture are in line with the standards of the Convention against Torture. Fundamental legal safeguards: 49