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). 9

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