CAT/C/TKM/CO/2
30.
The Committee reiterates its recommendation that the State party take all
measures necessary to establish and ensure the independence of the judiciary,
including by guaranteeing their tenure in office and severing administrative and other
ties with the executive branch, in conformity with international standards, notably the
Basic Principles on the Independence of the Judiciary (see CAT/C/TKM/CO/1, para.
10).
Violence against women, including domestic and sexual violence
31.
While commending the State party’s zero-tolerance policy on violence against
women and the adoption of the national plan of action for gender equality in Turkmenistan
for 2015-2020, the Committee is concerned that domestic violence is not a separate crime
in the Criminal Code. It is also concerned about the prevalence of violence against women
in the State party, including in penitentiary facilities, and at the low number of complaints,
investigations and prosecutions in this regard (arts. 2 and 12-16).
32.
The Committee recommends that the State party:
(a)
Define and introduce domestic violence, including sexual violence and
marital rape, as specific criminal offences in its Criminal Code, with appropriate
sanctions, and that it consider drawing up a national plan of action to reduce violence
against women;
(b)
Ensure the effective implementation of the national plan of action for
gender equality in Turkmenistan for 2015-2020 and regularly assess its results;
(c)
Establish an effective and independent complaints mechanism for
victims of domestic violence;
(d)
Ensure that all allegations of violence against women, including domestic
and sexual violence, are registered by the police, that all allegations of violence are
promptly, impartially and effectively investigated and that the perpetrators of such
violence are prosecuted and punished;
(e)
Ensure that victims of domestic violence benefit from protection,
including restraining orders, and have access to medical and legal services, including
counselling, redress and rehabilitation, as well as to safe and adequately funded
shelters throughout the country;
(f)
Provide mandatory training for police and other law enforcement
officials, social workers, lawyers, prosecutors and judges on the vulnerabilities of
victims of gender-based and domestic violence.
Non-refoulement
33.
While welcoming the adoption by the State party of legislation establishing
procedures for recognizing and protecting the rights of refugees, and noting the information
provided by the State party that it granted Turkmen citizenship by presidential decree to a
number of stateless persons and migrants during the reporting period, the Committee is
concerned by reports that the State party did not register any new asylum seekers during the
reporting period and regrets that the State party did not provide the information it had
requested on the number of asylum requests considered by its authorities during the
reporting period and the outcome of those requests (art. 3).
34.
The Committee recommends that the State party adopt the following measures
in order to ensure that the prohibition against refoulement is respected in practice:
(a)
Establish fair and efficient asylum and referral procedures that are
accessible at all border points, including at international airports and transit zones;
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