A/HRC/22/53/Add.1
Government provided its comments, which the Special Rapporteur took into consideration
before finalizing his report.
II.
Legal framework
A.
At the international level
7.
Tajikistan is a party to the main United Nations human rights treaties prohibiting
torture and ill-treatment, including the International Covenant on Civil and Political Rights
and the Optional Protocol thereto, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child
and the Convention on the Elimination of All Forms of Discrimination against Women. The
State is also a signatory to the Rome Statute of the International Criminal Court. Tajikistan
has been a party to the Convention relating to the Status of Refugees and the Protocol
thereto since 1994.
B.
At the regional level
8.
Tajikistan has concluded more than 10 bilateral human rights agreements within the
framework of the Commonwealth of Independent States (CIS). As a participating State in
the Organization for Security and Cooperation in Europe (OSCE), it has made a number of
commitments with regard to the prohibition of torture and other cruel, inhuman or
degrading treatment or punishment, freedom from arbitrary arrest or detention, and the right
to a fair trial. Tajikistan is also a party to the CIS Convention on Legal Aid and Legal
Relations in Civil, Family and Criminal Cases and is a member of the Shanghai
Cooperation Organization and the Collective Security Treaty Organization.
C.
1.
At the national level
Constitutional and legislative provisions
9.
Article 18 of the Constitution states that no one may be subjected to torture or cruel
or inhuman treatment. Under article 10 (2) of the 2010 Code of Criminal Procedure, “no
party to criminal proceedings may be subjected to violence, torture or other cruel or such
treatment that degrades human dignity”.
10.
Until the introduction in the Criminal Code of a separate article 143-1 on torture in
March 2012, crimes of torture were treated as “torture” (art. 117), “abuse of authority” (art.
314), “excess of official powers” (art. 316, part 3) or “forced confession by torture” (art.
354, part 2). If the lesser offences were applied, any penalties were subject to minor
sanctions, reduction of sentences or amnesty.
11.
Article 143-1 defines torture as the “intentional infliction of physical and/or mental
suffering committed by a person conducting an inquiry or pretrial investigation, or any
other officials or with their instigation or with the acquiescence or with their knowledge of
another person with the purpose to obtain from the tortured or a third person an information
or a confession, or punish him/her for the committed or suspected acts or intimidating or
coercing him/her or a third party and for any other reasons based on discrimination of any
kind”.
12.
Article 143-1 envisages, in addition to penalties, deprivation of the right to occupy
certain positions or to engage in certain activities, imprisonment for a period of two to five
years when the crime has been committed for the first time. Part 2 of article 143-1 provides
4