CAT/C/TKM/CO/2
38. The Committee reiterates its recommendations (see CAT/C/TKM/CO/1, para. 8)
that the State party should:
(a)
Ensure that the absolute prohibition against torture is non-derogable,
including during states of emergency and martial law, and that acts amounting to
torture are not subject to any statute of limitations;
(b)
Prohibit the granting of amnesty for the crimes of torture and enforced
disappearance, which is incompatible with the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.
Status of the Convention in the domestic legal order
39.
While noting that article 6 of the Constitution provides that international human
rights treaties ratified and promulgated by Turkmenistan take primacy over national laws,
the Committee takes note with concern that the provisions of the Convention have not been
invoked directly before national courts (arts. 2, 4, 10, 12 and 13).
40.
The Committee reiterates its recommendation that the State party should
ensure the full applicability of the provisions of the Convention in its domestic legal
order and the practical implementation of article 6 of the Constitution (see
CAT/C/TKM/CO/1, para. 7). The State party should provide law enforcement
personnel and members of the judiciary with training on the Convention and its direct
applicability so that they are taken into account by national courts.
Follow-up procedure
41.
The Committee requests the State party to provide, by 7 December 2017,
information on follow-up to the Committee’s recommendations on incommunicado
detention, on informing the Committee about the fate and whereabouts of all persons
held incommunicado or who have been disappeared, on the intimidation, reprisals,
threats and arbitrary arrests and imprisonment of human rights defenders,
journalists and their relatives in retaliation for their work, and on the establishment
of a genuinely independent national human rights institution in accordance with the
Paris Principles (see paras. 10, 12 and 16 above). In that context, the State party is
invited to inform the Committee about its plans for implementing, within the coming
reporting period, some or all of the remaining recommendations in the concluding
observations.
Other issues
42.
The Committee reiterates its recommendation that the State party consider
making the declarations under articles 21 and 22 of the Convention (see
CAT/C/TKM/CO/1, para. 26).
43.
The Committee reiterates its recommendation that the State party consider
ratifying the Optional Protocol to the Convention (see CAT/C/TKM/CO/1, para. 12).
44.
The Committee invites the State party to ratify the core United Nations human
rights treaties to which it is not yet party.
45.
The State party is requested to disseminate widely the report submitted to the
Committee and the present concluding observations, in appropriate languages,
through official websites, the media and non-governmental organizations.
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