CAT/C/TKM/CO/2
monitor detention facilities and to make the results of its investigations public. The
State party should ensure the implementation of the institution’s recommendations
with respect to awards of redress to victims and the prosecution of perpetrators, as
well as the provision of adequate resources for its operation. The Committee further
recommends that the State party make public the draft act on the Commissioner for
Human Rights in order to facilitate the consideration of comments and input.
Independent complaints mechanism
17.
The Committee is deeply concerned at the information provided by the State party
that it received no complaints of torture during the reporting period and that no officials
have therefore been prosecuted for torture during that period (arts. 2, 11-14 and 16).
18.
The Committee reiterates the recommendations contained in its previous
concluding observations (see CAT/C/TKM/1, para. 11) and urges the State party to:
(a)
Establish an independent and effective complaints mechanism for all
places of detention;
(b)
Facilitate the submission of complaints by victims of torture and illtreatment, including by obtaining medical evidence in support of their allegations;
(c)
Comply with article 8 of the Penalties Enforcement Code and facilitate
the submission by convicted prisoners of proposals, statements and complaints to all
entities covered by that article, namely the administration of the penal institution in
which they are being held, its supervisory body and other authorities, the courts, the
procuratorial authorities, civil society organizations and, if all domestic remedies have
been exhausted, to international organizations; and provide the Committee with
information on the number of such submissions and on how they are made in practice;
(d)
Ensure in practice that complainants in all places of detention are
protected against ill-treatment or intimidation as a consequence of a complaint made
or any evidence given;
(e)
Ensure that all reports of excessive use of force by law enforcement and
prison staff are investigated promptly, effectively and impartially by an independent
mechanism with no institutional or hierarchical connection to the investigators and
the alleged perpetrators; ensure that all persons under investigation for having
committed acts of torture or ill-treatment are immediately suspended from their
duties and remain so throughout the investigation, while ensuring that the principle of
presumption of innocence is observed; punish those convicted; and provide redress to
victims.
Monitoring of places of detention
19.
The Committee remains concerned that the State party does not permit independent
non-governmental organizations, particularly the International Committee of the Red Cross
(ICRC), to monitor all detention facilities. It is also concerned that the State party has not
extended invitations to United Nations special procedure mandate holders who have
requested to visit the county, particularly the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment and the Working Group on Arbitrary
Detention. The Committee is also concerned that the Oversight Commission of the Penal
Corrections Department, which monitors places of detention in the State party, is part of the
Ministry of Internal Affairs and therefore lacks independence. It is also concerned about the
absence of an independent oversight body to carry out independent inspections of all places
of detention (arts. 2, 11 and 16).
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