CAT/C/TKM/CO/1
(b)
Take measures to ensure that no one is involuntarily placed in
psychiatric institutions for reasons other than medical by, inter alia, allowing access to
psychiatric facilities and mental hospitals by independent monitors and monitoring
mechanisms, and ensuring that hospitalization for medical reasons is decided only
upon the advice of independent psychiatric experts and that such decisions can be
appealed;
(c)
Inform the Committee of the outcomes of the investigations of the
allegations of forced confinement in psychiatric hospitals, in particular with regard to
the cases of Mr. Durdykuliev and Mr. Durdymuradov.
Violence in prison, including rape and sexual violence
18.
The Committee expresses its concern at ongoing physical abuse and psychological
pressures by prison staff, including collective punishment, ill-treatment as a “preventive”
measure, the use of solitary confinement, and sexual violence and rape by prison officers or
inmates, which have reportedly motivated the suicides of several detainees. In relation to
the incident of beatings of a female inmate in February 2009 in the women’s prison colony
in Dashoguz, the Committee notes with concern that, while the head of the colony was
dismissed on bribery charges, no criminal sanctions were imposed on the officials
responsible for this violence (arts. 2, 11, 12 and 16).
The Committee recommends that the State party:
(a)
Draw up a comprehensive plan to address the issue of violence, including
sexual violence and rape, by inmates and prison staff in all detention facilities,
including the women’s prison colony in Dashoguz, and ensure effective investigations
into those cases. The State party should provide the Committee with information on
the investigation of cases of violence and rape of women detainees by public officials in
Ashgabat in 2007 and in Dashoguz in 2009, and the outcomes of such trials, including
information on the punishments meted out and the redress and compensation offered
to victims;
(b)
Coordinate the judicial supervision of conditions of detention between
competent organs and ensure thorough investigations of all allegations of torture or
ill-treatment committed in detention facilities;
(c)
Ensure that solitary confinement remains an exceptional measure of
limited duration.
Conditions of detention
19.
While noting the Government’s plan for the construction of new detention facilities,
the Committee remains deeply concerned about the current material and hygienic
conditions in places of deprivation of liberty, such as inadequate food and health care,
severe overcrowding, and unnecessary restrictions on family visits (arts. 11 and 16).
The State party should intensify its efforts to bring the conditions of detention in
places of deprivation of liberty into line with the Standard Minimum Rules for the
Treatment of Prisoners and other relevant international and national law standards,
in particular by:
(a)
Reducing prison overcrowding and considering the establishment of
non-custodial forms of detention;
(b)
Ensuring all detainees’ access to and receipt of the necessary food and
health care;
9