CAT/C/TKM/CO/2
journalists, including those cited above involving Mr. Annamuradov, Mr.
Annaniyazov, Mr. Nepeskuliev and Mr. Achilova, ensure their access to legal counsel,
prosecute and punish appropriately those found guilty and provide redress to the
victims.
Deaths in custody
13.
The Committee remains deeply concerned about reports of deaths in custody owing
to torture and about the State party’s failure to ensure independent forensic examinations of
such deaths. It is particularly concerned about the State party’s failure to conduct a criminal
investigation into the death in custody of journalist Ogulsapar Muradova in September
2006. The Committee notes the delegation’s explanation that the cause of Ms. Muradova’s
death was determined to be suicide by hanging, but expresses concern about reports from
her relatives that she had complained of ill-treatment in prison and about claims from
Deutsche Welle that an autopsy revealed a wound to the back of her head and internal
bleeding (arts. 2, 11-14 and 16).
14.
The Committee reiterates its recommendations (see CAT/C/TKM/CO/1, para.
16) that the State party should:
(a)
Ensure independent forensic examinations in all cases of death in
custody, provide autopsy reports to the family members of the deceased and, if
requested, permit them to commission independent autopsies;
(b)
Ensure that the courts in the State party accept the results of
independent forensic examinations and autopsies as evidence in criminal and civil
cases;
(c)
Promptly, thoroughly and impartially investigate all incidents of death in
custody, make the results of those investigations available to the public, prosecute
those responsible for violations of the Convention resulting in such deaths and punish
them accordingly, if convicted;
(d)
Provide the Committee with data on all deaths in custody, disaggregated
by the facility in which the deceased was detained, the age and sex of the victim and
the outcome of the inquiry into the deaths in custody, and on any redress provided to
relatives;
(e)
Inform the Committee of any investigation undertaken during the period
under review into deaths alleged to be the result of torture, ill-treatment or wilful
negligence,
(f)
Review the case of death in custody of Ms. Muradova and ensure that a
thorough investigation is conducted into allegations that autopsy results indicate that
she may have died as a result of torture while in detention.
National human rights institution
15.
The Committee is concerned that the Act on the Commissioner for Human Rights
(Ombudsman) has still not been adopted by the Mejlis (art. 2)
16.
The Committee reiterates the recommendation contained in its previous
concluding observations that the State party should proceed with the establishment of
a genuinely independent national human rights institution in accordance with the
principles relating to the status of national institutions for the promotion and
protection of human rights (the Paris Principles) (see CAT/C/TKM/CO/1, para. 12).
The Commissioner on Human Rights (Ombudsman) should have the competence to
hear and consider complaints and petitions concerning individual situations, to
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