A/68/44
Furthermore, while the Committee takes note of the information provided by the
delegation, it is nevertheless concerned about the recent closure of the Association of
Young Lawyers of Tajikistan (Amparo), a member of the Coalition Against Torture that
engaged with the Special Rapporteur during his visit, pursuant to a motion filed by the
Ministry of Justice to dissolve the organization on administrative grounds and a decision
taken by the Khujand City Court on 24 October 2012 to this effect (arts. 12 and 13).
The Committee urges the State party to establish a fully resourced, effective,
independent and accessible mechanism to investigate and facilitate the submission of
complaints by victims and witnesses of torture and ill-treatment to public authorities,
as pledged by the State party following the universal periodic review in March 2012.
It should also ensure in practice that complainants and civil society organizations are
protected against any ill-treatment, intimidation or reprisals as a consequence of their
complaint, and that appropriate disciplinary, or where relevant, criminal measures,
are taken against law enforcement officials for such actions.
Violence against women and children
(16) The Committee is deeply concerned about the lack of any domestic legislation
criminalizing acts of violence against women, despite the existence since 2009 of a draft
law on “social and legal protection against domestic violence”; reports of high prevalence
of domestic violence; difficulties in filing complaints; and the reluctance of law
enforcement officials to intervene in such cases. It is further concerned about the lack of
domestic legislation prohibiting corporal punishment of children, despite allegations of its
widespread use in the family, schools and other educational establishments (arts. 2, 12, 13
and 16).
The State party should strengthen its efforts to prevent, combat and punish violence
against women and children, inter alia, by:
(a)
Swiftly adopting the draft law on “social and legal protection against
domestic violence” and criminalizing such acts;
(b)
Taking effective measures to ensure that victims of violence against
women and children, including domestic violence, can exercise their right to make
complaints, and that such complaints are thoroughly investigated and perpetrators
prosecuted and punished with appropriate penalties;
(c)
settings;
Adopting legislation to explicitly prohibit corporal punishment in all
(d)
Providing victims of domestic and sexual violence with immediate
protection and redress, including separation from perpetrators, provision of shelters,
and rehabilitation;
(e)
Training law-enforcement officials, judges and prosecutors on how to
receive, monitor and investigate complaints of domestic and sexual violence,
trafficking and violence against children in a sensitive manner that respects
confidentiality;
(f)
Organizing awareness-raising campaigns on the negative impact of
corporal punishment of children, as well on domestic and sexual violence.
Independence of the judiciary
(17) While welcoming the two-phase programme of judicial-legal reform aimed at
strengthening the judiciary, including through measures such as increasing the salary of
judges, the Committee is concerned that the judiciary remains weak, inefficient, and
influenced by the Council of Justice, an institution that is reportedly subordinate to the
GE.13-46043
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