A/68/44
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Istanbul Protocol) (art. 10).
The State party should strengthen training programmes for law enforcement officials,
judges, medical professionals, prosecutorial staff and prison staff on the requirements
of the Convention and undertake a comprehensive assessment of the impact of such
programmes. The State party should ensure that relevant officials, in particular
medical professionals, receive training on the use of the Istanbul Protocol to identify
and document signs of torture and ill-treatment. The State party should further
ensure 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.
Juvenile Justice
(20) While noting the adoption of the National Action Plan on Juvenile Justice Reform
2010–2015, the Committee is concerned that the criminal juvenile system lacks juvenile
courts and judges specialized in juvenile justice. It is further concerned about reports that
children are frequently placed in pretrial detention and isolation cells in the Juvenile Colony
as a disciplinary measure; subjected to extended deprivation of liberty for minor offences;
denied their basic legal rights, including access to lawyers; and often mistreated by police
inquiry officers to confess, and, as a result, in some cases leading to attempted or actual
suicides (arts. 11, 12 and 16).
The Committee urges the State party to:
(a)
Establish an effective and well-functioning juvenile justice system in
compliance with international standards, including the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) and
the United Nations Guidelines for the Prevention of Juvenile Delinquency (The
Riyadh Guidelines);
(b)
Review all cases of children sentenced to imprisonment to ensure that
deprivation of liberty is only used for serious criminal offences, and ensure that
solitary confinement of juveniles should be limited as a measure of last report, for as
short a time as possible under strict supervision and with a possibility of judicial
review, and limited to very exceptional cases;
(c)
Guarantee that the rights of children are respected in all places of
detention, including the right to appropriate legal assistance and defence by assigning
a sufficient number of lawyers with relevant training and competence;
(d)
Take effective measures to prevent police inquiry officers from
mistreating children, including by investigating such acts and ensuring that
appropriate disciplinary or penal measures are taken.
Redress, including compensation and rehabilitation
(21) The Committee is concerned that there is no explicit provision in domestic
legislation that provides for the right of victims of torture to fair and adequate
compensation, including the means for as full rehabilitation as possible, as required by
article 14 of the Convention. The Committee also regrets the lack of data provided by the
State party regarding the amount of any compensation awards made by the courts to victims
of violations of the Convention, including those who were subjected to torture and/or illtreatment during the period of 1995 to 1999 and 35 victims of trafficking who were
returned to Tajikistan in 2007 from other countries. The Committee also notes the lack of
information on any treatment and social rehabilitation services provided to victims,
including medical and psychosocial rehabilitation (art. 14).
GE.13-46043
83
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