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President and the executive branch, and that the President is responsible for appointing and
dismissing judges (arts. 2, 12 and 13).
The State party should take measures to ensure the full independence and impartiality
of the judiciary in the performance of its functions, and review the regime of
appointment, promotion and dismissal of judges in line with the relevant international
standards, including the Basic Principles on the Independence of the Judiciary
(endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of
13 December 1985).
Non-refoulement and extradition
(18) The Committee is concerned that the Criminal Procedure Code does not contain any
provision on the absolute prohibition of extradition or deportation in cases where the
subject would be at risk of torture, and that there are no clear procedures in legislation for
challenging the legality before a court in extradition and deportation proceedings. It is also
concerned about reports of extradition requests made by the State party of persons alleged
to be members of banned Islamic groups, who, upon return to Tajikistan, are reportedly
held in incommunicado detention and in solitary confinement, and subjected to torture
and/or ill-treatment by law enforcement officials. It is further concerned by allegations that
persons facing risk of torture upon their return and have applied for interim measures at the
European Court of Human Rights have been abducted by Tajikistani security forces in a
neighbouring country and forcibly returned to Tajikistan, and subsequently subjected to
torture and/or ill-treatment. Additionally, the Committee is concerned by reports that
Abdulvosi Latipov, former member of the United Tajik Opposition, has allegedly been
abducted from the Russian Federation to Tajikistan in October 2012 and is being held
incommunicado (art. 3).
The State party should:
(a)
Clearly establish in law and respect its non-refoulement obligations
under article 3 of the Convention, including the right to appeal the issuance of an
extradition warrant, and refrain from seeking and accepting diplomatic assurances
from a State where there are substantial grounds for believing that a person would be
at risk of being subjected to torture. It should provide detailed information to the
Committee on all cases where such assurances have been provided;
(b)
Cease the practice of abducting and forcibly returning individuals to
Tajikistan from other States and subsequently holding them in incommunicado
detention, and ensure that they are not subjected to acts of torture and ill-treatment;
(c)
Disclose the whereabouts of Abdulvosi Latipov and ensure that he is not
subjected to torture or ill-treatment and that his fundamental rights are fully
guaranteed, including timely access to an independent lawyer.
Training
(19) The Committee welcomes the organization of human rights training programmes for
law enforcement officials, judges, prosecutorial staff and Ministry of Interior personnel
during the period under consideration, as well as the establishment of a Working Group
headed by the Chair of the Constitutional Court to raise awareness and build capacity of
law enforcement officials on the prohibition of torture. However, it remains concerned at
the lack of adequate training of law enforcement officials and medical professionals in
assessing and responding to cases of domestic violence against women, including rape,
violence against children, and trafficking. The Committee is further concerned that forensic
services are reportedly not staffed with medical personnel trained in documenting and
investigating torture in accordance with the provisions of the Manual on Effective
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GE.13-46043
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