A/HRC/22/53/Add.1 citizens, the Minsk Convention is actually designed to regulate interaction between the authorities, in particular courts and law enforcement agencies, of contracting parties rather than to afford guarantees to individuals subject to extradition. IV. A. Conclusions and recommendations Conclusions 83. The Special Rapporteur welcomes the political will and significant efforts made by the Government of Tajikistan to revise legislation and launch capacity-building activities among law enforcement officials. Despite the introduction of a number of changes, however, numerous loopholes and inconsistencies in the Code of Criminal Procedure and in law enforcement practices persist. 84. The Special Rapporteur notes that insufficient sanctions and mitigating benefits envisaged under the recently introduced article on torture create an environment conducive to impunity. Under international law, the prohibition of torture cannot be subject to waiver; the obligation to investigate and prosecute torture is therefore not subject to a statute of limitations. The penalty for torture must be commensurate with its gravity and equated with the most serious crimes. In a like manner, torture can never be subjected to amnesty. 85. The Special Rapporteur welcomes the introduction of article 88 (3) of the Code of Criminal Procedure outlawing the use of evidence in judicial proceedings obtained under torture. At the time of the visit, however, article 88 (3) was not invoked in a single case to exclude statements of defendants from judicial proceedings. The Special Rapporteur welcomes the decree of the Supreme Court 2012 June clarifying the meaning of article 143 (1) on torture and the inadmissibility of evidence obtained by means of illegal methods, and expresses the hope that proper enforcement mechanisms will be put in place promptly to implement the decree and that the Supreme Court will eventually elaborate jurisprudence on how the law should be applied in this respect. 86. The Special Rapporteur notes with satisfaction the judicial legal reform agenda for the period 2011-2013, which sets forth the need to develop the law on the provision of legal aid. He hopes that the draft law on advokatura or regulation of the legal profession, currently under discussion, will clarify the right of defendants to have access to legal aid from the time of apprehension. He also expects the Government of Tajikistan to create a meaningful, independent pro bono legal service for those who cannot afford a lawyer. 87. The Special Rapporteur notes the implicit recognition among senior authorities that torture is practiced; nonetheless, the State Committee for National Security of the Department for Fight against Organized Crime of Ministry of the Interior has given no clear indication or instruction to subordinate operative and investigative agents declaring unambiguously that torture and ill-treatment will not be tolerated and that perpetrators will be held to account. 88. The Special Rapporteur is aware of the fact that Tajikistan inherited many of the negative features of the Soviet criminal justice system, in particular with regard to the methods of operative and investigative techniques prohibited by international law, on the basis of an unfounded belief that such methods solved crimes. In this regard, the Special Rapporteur welcomes the announcement made by the newly appointed Minister for the Interior of his intention to crack down on law enforcement officials 16