CAT/C/TKM/CO/1
(c)
Ensuring that all minors are detained separately from adults through
their whole period of detention or confinement and offering them educational and
recreational activities.
Coerced confessions
20.
The Committee notes the existence of national legislation guaranteeing the principle
of non-admissibility of coerced evidence in courts, such as article 45 of the Constitution
and article 25, paragraph 1, of the Code of Criminal Procedure. The Committee notes,
however, with grave concern numerous, consistent and credible reports that the use of
forced confessions as evidence in courts is widespread in the State party and that such
practices persist owing to the impunity of guilty parties. The Committee expresses concern
about the lack of information provided by the State party regarding any officials who may
have been prosecuted and punished for extracting confessions (art. 15).
The Committee urges the State party to ensure that, in practice, evidence obtained by
torture may not be invoked as evidence in any proceedings, in line with article 15 of
the Convention, and to review cases of convictions based solely on confessions,
recognizing that many of these may have been based upon evidence obtained through
torture or ill-treatment, and, as appropriate, provide prompt and impartial
investigations and take appropriate remedial measures. The State party should
provide information on whether any officials have been prosecuted and punished for
extracting such confessions.
Redress, including compensation and rehabilitation
21.
While noting with appreciation that the right to compensation for victims of “illegal
actions” or “harm caused” by State bodies is guaranteed pursuant to article 44 of the
Constitution and article 23 of the Code of Criminal Procedure, the Committee remains
concerned at the reported lack of implementation of the rights of victims of torture and illtreatment to redress and compensation, including rehabilitation, and the lack of examples of
cases in which individuals have received such compensation. Furthermore, the Committee,
while noting the information provided by State representatives, expresses its serious
concern about the State party’s failure to implement the Human Rights Committee’s Views
on the case of Komarovski v. Turkmenistan (communication No. 1450/2006, Views adopted
on 24 July 2008), in which that Committee decided, following a reply of the Government of
Turkmenistan, that Turkmenistan must provide Mr. Komarovski with an effective remedy
and take appropriate steps to prosecute and punish the persons responsible for the violations
(art.14).
The Committee recommends that the State party strengthen its efforts to provide
victims of torture and ill-treatment with redress in practice, including fair and
adequate compensation and as full rehabilitation as possible, and to protect them
from stigma and re-victimization. The State party should provide information on
redress, compensation and other measures, including rehabilitation, ordered by the
courts and provided for victims of torture, or their families, during the reporting
period. This information should include the number of requests made, the number
granted, and the amounts ordered and actually provided in each case. In addition, the
State party should provide information on its implementation of the Human Rights
Committee’s Views concerning the case of Komarovski v. Turkmenistan.
Hazing in the armed forces
22.
The Committee is seriously concerned at numerous and consistent reports of hazing
in the armed forces, conducted by or with the consent, acquiescence or approval of officers
or other personnel. Such practice of hazing has devastating effect on victims and reportedly
10