CAT/C/TKM/CO/2 30. The Committee reiterates its recommendation that the State party take all measures necessary to establish and ensure the independence of the judiciary, including by guaranteeing their tenure in office and severing administrative and other ties with the executive branch, in conformity with international standards, notably the Basic Principles on the Independence of the Judiciary (see CAT/C/TKM/CO/1, para. 10). Violence against women, including domestic and sexual violence 31. While commending the State party’s zero-tolerance policy on violence against women and the adoption of the national plan of action for gender equality in Turkmenistan for 2015-2020, the Committee is concerned that domestic violence is not a separate crime in the Criminal Code. It is also concerned about the prevalence of violence against women in the State party, including in penitentiary facilities, and at the low number of complaints, investigations and prosecutions in this regard (arts. 2 and 12-16). 32. The Committee recommends that the State party: (a) Define and introduce domestic violence, including sexual violence and marital rape, as specific criminal offences in its Criminal Code, with appropriate sanctions, and that it consider drawing up a national plan of action to reduce violence against women; (b) Ensure the effective implementation of the national plan of action for gender equality in Turkmenistan for 2015-2020 and regularly assess its results; (c) Establish an effective and independent complaints mechanism for victims of domestic violence; (d) Ensure that all allegations of violence against women, including domestic and sexual violence, are registered by the police, that all allegations of violence are promptly, impartially and effectively investigated and that the perpetrators of such violence are prosecuted and punished; (e) Ensure that victims of domestic violence benefit from protection, including restraining orders, and have access to medical and legal services, including counselling, redress and rehabilitation, as well as to safe and adequately funded shelters throughout the country; (f) Provide mandatory training for police and other law enforcement officials, social workers, lawyers, prosecutors and judges on the vulnerabilities of victims of gender-based and domestic violence. Non-refoulement 33. While welcoming the adoption by the State party of legislation establishing procedures for recognizing and protecting the rights of refugees, and noting the information provided by the State party that it granted Turkmen citizenship by presidential decree to a number of stateless persons and migrants during the reporting period, the Committee is concerned by reports that the State party did not register any new asylum seekers during the reporting period and regrets that the State party did not provide the information it had requested on the number of asylum requests considered by its authorities during the reporting period and the outcome of those requests (art. 3). 34. The Committee recommends that the State party adopt the following measures in order to ensure that the prohibition against refoulement is respected in practice: (a) Establish fair and efficient asylum and referral procedures that are accessible at all border points, including at international airports and transit zones; 10

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