A/HRC/22/53/Add.1
restrictions on contacts with the outside world. In addition, in practice, there is very
little difference between various prison regimes except for the number of visits
afforded to inmates; detention conditions and treatment are substantially the same in
all regimes of imprisonment. Of particular concern are the newly introduced
restrictions on the regulation of punishment, according to which prisoners serving a
life sentence are entitled to meet members of their family and receive a parcel only
once a year.
95.
While noting the adoption of the national plan of action for juvenile justice
reform for the period 2010-2015, the Special Rapporteur echoes the concern raised by
the Committee against Torture, namely, that the criminal justice system lacks juvenile
courts and judges specialized in juvenile justice. Children younger than 14 years (the
age of criminal responsibility) are frequently subjected to arrest and detention, while
youths aged 16 and over are kept in closed institutions for minor offences.
96.
The Special Rapporteur notes with concern that the Code of Criminal
Procedure of Tajikistan does not contain an absolute prohibition of extradition or
deportation in cases where the subject would be at risk of torture in accordance with
the requirements of article 3 of the Convention against Torture.
97.
While welcoming the establishment of a working group on 9 April 2010 to
expedite consideration of the ratification of the Second Optional Protocol to the
International Covenant on Civil and Political Rights and the removal of capital
punishment from the Criminal Code, the Special Rapporteur regrets that there has
been no progress in considering the ratification of the Optional Protocol to the
Convention against Torture.
B.
Recommendations
98.
In a spirit of cooperation and partnership, the Special Rapporteur recommends
that the Government, with appropriate assistance from the international community,
including the United Nations and other actors, take decisive steps to implement the
recommendations below.
99.
With regard to legislation, the Special Rapporteur recommends that the
Government of Tajikistan:
(a)
Amend article 143 1 of the Criminal Code to ensure that torture is
defined as a serious crime in accordance with article 1 of the Convention against
Torture, sanctioned with penalties commensurate with the gravity of the crime, and
include in the Law on Amnesty that no person convicted for the crime of torture may
benefit from an act of amnesty;
(b)
Ensure that article 88 (3) is brought into line with the provisions of
article 15 of the Convention against Torture in order to exclude explicitly any
evidence or extrajudicial statement obtained under duress; that statements or
confessions made by a person deprived of liberty other than those made in the
presence of a judge and with the assistance of a lawyer have no probative value in
court against the declarant; that any allegation of torture and ill-treatment made in
court is promptly addressed by the judicial authorities without the need for a written
complaint; and that the burden of proof is shifted to the prosecution, to prove beyond
reasonable doubt that the confession was not obtained by any unlawful means,
including torture and ill-treatment;
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