A/HRC/22/53/Add.1
It is unclear whether the legislation has been amended to eliminate the statute of limitations
for registering complaints against acts of torture.
26.
The Special Rapporteur notes with concern that, under article 28(1) of the Code of
Criminal Procedure, a court, judge, prosecutor or investigator may terminate criminal
proceedings and exempt the person in question from criminal liability by reason of
repentance, conciliation with the victim, a change in circumstances or expiration of the
period of statute of limitations for criminal prosecution. Furthermore, article 32 of the Code
states that any request to institute criminal proceedings or to terminate criminal proceedings
once the statute of limitations has expired must be rejected.
III.
Assessment of the situation
27.
Tajikistan has come a long way in institution-building and human rights protection
since it declared its independence in 1991. By acceding to numerous international human
rights treaties, the Government has sent a clear signal of its commitment to give high
priority to the fight against torture and ill-treatment.
28.
The Special Rapporteur welcomes the establishment of a working group headed by
the Chairperson of the Constitutional Court to raise awareness and build capacity on the
prohibition of torture among law enforcement agencies. He hopes that its mandate will be
extended beyond 2012 and will aim at introducing institutional changes and establishing
jurisprudence by which the Convention against Torture may be invoked within domestic
legislation.
29.
The Special Rapporteur notes numerous significant developments in the area of
legislation, including the two-phase programme of judicial/legal reform aimed at
strengthening the judiciary; the adoption of a new Code of Criminal Procedure, introducing
remand hearing and transfer of the prerogative of prosecutors to authorize pretrial detention
to judges; 5 the introduction of article 143-1 on the definition of torture in the Criminal
Code; the orders addressed to law enforcement officials respectively issued by the Office of
the Prosecutor General and the Minister of the Interior to strictly respect the rights and
guarantees of persons deprived of their liberty; the decree issued by the Supreme Court on
2012 June providing guidance for judges to inquire into treatment during pretrial detention;
the draft law on advokatura; and the Code of Professional Police Ethics adopted by the
Ministry of the Interior in March 2011.
30.
The Special Rapporteur hopes that proper mechanisms will be promptly put in place
to ensure the implementation of the above-mentioned orders and instructions. It is
important to keep up the momentum and to fill in all remaining gaps between the normative
framework and practice, and that more determined steps be taken to prevent torture and illtreatment in the future.
A.
Torture and ill-treatment
31.
Torture and other forms of ill-treatment by law enforcement officers are believed to
be often practiced across Tajikistan and are often used to extract self-incriminating
evidence, confession and money. 6 Because of a lack of capacity and expertise in
investigating crimes, extracting confession through ill-treatment or torture is often seen as
the only and the least time- and resource-consuming way to secure evidence. The
5
6
Code of Criminal Procedure, art. 35, part 1, and art. 104, part 2.
CCPR/CO/84/TJK, para. 10..
7