CAT/C/TKM/CO/2
(f)
Amend legislation in order to allow for judicial oversight of all places of
detention and allow independent monitoring bodies to carry out regular unannounced
visits to all places of detention and meet in private with detained persons.
Violence in prison, including rape and other forms of sexual violence
25.
The Committee remains concerned at continued reports of physical abuse and
psychological pressure against detainees by prison staff, including ill-treatment, collective
punishment and sexual violence, including rape, which have resulted in several suicides. It
is particularly concerned at the absence of information on the reported rape of female
detainees by public officials in 2007 in Ashgabat and in 2009 at the women’s prison in
Dashoguz (arts. 2, 11-14 and 16).
26.
The Committee reiterates the recommendations contained in its previous
concluding observations (see CAT/C/TKM/CO/1, para. 18) that the State party should:
(a)
Draw up a comprehensive plan to address the issue of violence, including
sexual violence and rape, by inmates and prison staff in all detention facilities,
including the women’s prison colony in Dashoguz;
(b)
Ensure effective investigations into all cases of violence, including sexual
violence and rape, and inform the Committee about the outcome of investigations into
the rape of female detainees by public officials in 2007 in Ashgabat and at the
Dashoguz women’s prison in 2009;
(c)
Coordinate the judicial supervision of conditions of detention between
competent organs, ensure thorough investigations of all allegations of torture and illtreatment committed in detention facilities, punish perpetrators and provide medical
and psychological rehabilitation to victims.
Coerced confessions
27.
Despite the existing national legislation, the Committee remains concerned about
numerous reports of the continued widespread use of forced confessions as evidence in
courts, about the absence of information on investigations into claims of torture by judges
and about the lack of cases in which officials have been prosecuted and punished for
extracting confessions (arts. 2 and 12-16).
28.
The Committee reiterates its recommendation that evidence obtained through
any form of coercion or torture be inadmissible in all judicial proceedings, in line with
article 15 of the Convention (see CAT/C/TKM/CO/1, para. 20). Judges should always
investigate allegations of torture by defendants. The judiciary should review cases of
convictions based solely on confessions, since many may have been based on evidence
obtained through torture and ill-treatment. The State party should conduct prompt
and impartial investigations into such cases, take appropriate remedial measures and
provide information on whether any officials have been prosecuted and punished for
extracting such confessions.
Independence of the judiciary
29.
While noting the adoption on 8 November 2014 of the revised Courts Act and the
Revised Act on Enforcement Proceedings and the Status of Court Appointed Officers, the
Committee remains concerned that, despite the changes in national legislation during the
period under review, judges continue to be appointed and dismissed solely by the President,
which affects the independence of the judiciary in cases involving violations of the
Convention. It is concerned with the tenure in office of judges who are appointed for
renewable five-year terms (arts. 2 and 13).
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