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; 18

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