CAT/C/TKM/CO/1
including the National Institute for Democracy and Human Rights and the State
Commission to Review Citizens’ Complaints on the Activities of Law Enforcement
Agencies do not comply with the Paris Principles, especially in respect of their composition
of membership and lack of independence (arts. 2, 11 and 13).
The State party should proceed with the establishment of an independent national
human rights institution, in accordance with the Paris Principles, which is vested with
the competence to hear and consider complaints and petitions concerning individual
situations, to monitor detention facilities, and to make the results of its investigations
public, and should ensure the implementation of the institution’s recommendations
with respect to awards of redress to victims and the prosecution of perpetrators, as
well as the provision of adequate resources for its operation. The Committee
recommends that the State party establish a national preventive mechanism as a part
of a national human rights institution. It also invites the State party to consider
ratifying the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
Human rights defenders
13.
The Committee notes with concern numerous and consistent allegations of serious
acts of intimidation, reprisals and threats against human rights defenders, journalists and
their relatives, as well as the lack of information provided on any investigations into such
allegations. The Committee also expressed its serious concerns about reports that human
rights defenders have faced arrest on criminal charges, apparently in retaliation for their
work, and trials in which numerous due process violations have been reported. The
Committee expresses its grave concern that on 30 September 2010, President
Berdymukhamedov instructed the Ministry of National Security to lead an
“uncompromising fight again those who slander our democratic... secular state” following a
satellite television station’s broadcast of an interview with Farid Tukhbatullin, an exiled
Turkmen human rights defender, which had aired the previous day. While remaining
concerned about reported threats against Mr. Tukhbatullin and attacks against the website
he operates, the Committee appreciates the oral assurance given by the State party’s
representative that he will not be intimidated or threatened by the Government of
Turkmenistan or its agents. The Committee regrets the State party’s failure to implement
the decision of the Working Group on Arbitrary Detention (Opinion No. 15/2010) and to
reply to the urgent appeals sent by the Special Rapporteur on the situation of human rights
defenders (A/HRC/4/37/Add.1, paras. 700-704) on behalf of Annakurban Amanklychev, a
member of the Turkmenistan Helsinki Foundation, and Sapardurdy Khajiev, a relative of
Foundation’s director (arts. 2, 12 and 16).
The State party should take all necessary steps:
(a)
To ensure that human rights defenders and journalists, in Turkmenistan
and abroad, are protected from any intimidation or violence as a result of their
activities;
(b)
To ensure the prompt, impartial and thorough investigation of such acts
and to prosecute and punish perpetrators with penalties appropriate to the nature of
those acts;
(c)
To provide updates on the outcome of investigations of alleged threats
against and ill-treatment of human rights defenders, including those mentioned
above;
(d)
Implement the decision of the Working Group on Arbitrary Detention
(Opinion No. 15/2010) regarding Mr. Amanklychev and Mr. Khajiev, which concludes
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