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airless cells; do not have access to lawyers; are only permitted visits by family members
once a year; and are denied various activities in prison;
(c)
Continued lack of systematic and independent review of all places of
detention by national or international monitors, including the International Committee of
the Red Cross (ICRC). While noting that the Ombudsman may undertake visits to places of
detention, the Committee is concerned that the findings are not made public;
(d)
The lack of a complaints mechanism for detainees. Despite the information
provided by the State party that complaints of torture or ill-treatment can be submitted in
sealed envelopes, they reportedly do not reach the relevant authorities and prisoners often
do not have access to pens and paper;
(e)
The fact that the number, location, capacity, and the number of detainees in
penitentiary institutions in Tajikistan are considered as “state secrets”.
The State party should:
(a)
Allocate sufficient budgetary resources to improve conditions in all
places of detention;
(b)
Eliminate the complete isolation of prisoners serving life imprisonment,
improve their living conditions, and repeal legislation limiting their contacts with
lawyers and family members;
(c)
Take concrete steps, as a matter of priority, to ratify the Optional
Protocol to the Convention and establish an effective National Preventative
Mechanism which is resourced and permitted to conduct regular, independent,
unannounced and unrestricted visits of inspection to all places of deprivation of
liberty, with opportunity for inspectors to speak privately with individual detainees.
In the meantime, grant unimpeded access to the ICRC and independent nongovernmental organizations to all places of detention, and ensure that the
Ombudsman undertakes regular, unannounced visits to all places of deprivation of
liberty, accompanied by medical professionals, including to places of police custody,
and that the findings are made available publicly;
(d)
Establish an effective, accessible and confidential system for receiving
and processing complaints regarding torture or ill-treatment in all places of detention,
and ensure that: (i) every detainee has unimpeded and unsupervised access to the
prosecutor upon request; (ii) all complaints are promptly, impartially and effectively
investigated; (iii) perpetrators are punished with appropriate penalties; and (iv)
complainants do not suffer any reprisals;
(e)
Make the number, location, capacity, and the number of detainees in
detention facilities available publicly, taking note of the statement made by the
delegation to consider doing so in the future.
Complaints, reprisals and protection of victims, witnesses and human rights defenders
(15) The Committee is concerned about reports that victims of, and witnesses to torture
and ill-treatment do not file complaints with the authorities for fear of reprisals and lack of
adequate follow-up. Additionally, while noting the removal of libel and insult from the
Criminal Code in July 2012, the Committee remains concerned about reports of harassment
and intimidation of journalists and human rights defenders who report on torture and illtreatment. In particular, the Committee is concerned about the information received that
victims of alleged torture and their families, journalists, lawyers, medical experts and
human rights defenders who raised concerns with the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment during his visit to Tajikistan in
May 2012 have subsequently faced harassment and intimidation from authorities.
80
GE.13-46043
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