CAT/C/TKM/CO/1
(b)
As a matter of priority, to inform the relatives of those who have been
detained incommunicado of their fate and whereabouts, and facilitate family visits;
(c)
To take prompt measures to ensure prompt, impartial and thorough
investigations into all outstanding cases of alleged disappearances, to provide remedy
as appropriate and to notify relatives of the victims of the outcomes of such
investigations and prosecutions;
(d)
Inform the Committee of the outcomes of the investigations into the
aforementioned cases of Mr. Annaniazov, Mr. Ataev, Mr. Shikhmuradov,
Mr. Berdyev and those imprisoned in connection with the 2002 assassination attempt
on the former President.
Deaths in custody
16.
The Committee is deeply concerned about numerous and consistent reports on a
number of deaths in custody and on the alleged restrictions on independent forensic
examination into the cases of such deaths, including the case of Ogulsapar Muradova, who
was held incommunicado throughout her detention and died in custody under suspicious
circumstances. This case, including signs of torture, has been well documented, and was
taken up by the Secretary-General (A/61/489, para. 39) and several Special Rapporteurs
(A/HRC/WG.6/3/TKM/2, para. 38) (arts. 2, 11, 12 and 16).
The Committee urges the State party:
(a)
To promptly, thoroughly and impartially investigate all incidents of
death in custody; to make the results of those investigations available to the public;
and to prosecute those responsible for committing violations of the Convention
leading to such deaths;
(b)
To ensure independent forensic examinations in all cases of death in
custody; to permit family members of the deceased to commission independent
autopsies of the deceased; and to ensure that the State party’s courts accept the results
of independent autopsies as evidence in criminal and civil cases;
(c)
To provide the Committee with data regarding all deaths in custody,
disaggregated by the facility in which the deceased was detained, the sex of the victim,
and the outcome of the inquiry into the deaths in custody; and, in particular, to
inform the Committee of the details of any investigation undertaken into deaths
alleged to be the result of torture, ill-treatment or wilful negligence, including the
death in custody in September 2006 of Ms. Muradova.
Misuse of psychiatric institutions
17.
The Committee is deeply concerned about numerous and consistent credible reports
of misuse of psychiatric hospitals to detain persons for reasons other than medical, in
particularly for the non-violent expression of his/her political views. The Committee regrets
that the State party has failed to reply to at least two urgent appeals sent jointly by the
Special Rapporteur on torture, the Special Rapporteur on the right to freedom of opinion
and expression and the Working Group on Arbitrary Detention on behalf of Gurbandurdy
Durdykuliev, a political dissenter (E/CN.4/2005/62/Add.1, para. 1817), and Sazak
Durdymuradov, a journalist (A/HRC/10/44/Add.4, para. 239) (arts. 2, 11 and 16), in 2004
and 2008, respectively.
The Committee recommends that the State party:
(a)
Release those forcibly placed in psychiatric hospitals for reasons other
than medical and take appropriate measures to remedy this situation;
8