CAT/C/TKM/CO/1
that their imprisonment is arbitrary and calls for their immediate release and the
provision of compensation for damages.
Monitoring and inspection of places of detention
14.
While noting the detention monitoring activities by the Office of the ProcuratorGeneral, the Committee is deeply concerned that there is no access for international
monitoring bodies, either governmental or non-governmental, to detention facilities in
Turkmenistan. The Committee notes that the State party cooperates with the International
Committee of the Red Cross (ICRC), which provides assistance with humanitarian law and
in other ways. However, the Committee notes with concern that the State party has not
granted ICRC access to detention facilities, despite a number of recommendations made by
international bodies, including the General Assembly in its resolutions 59/206 and 60/172,
and as noted by the Secretary-General (A/61/489, para. 21). The Committee also expresses
regret at the long outstanding requests for a country visit by the nine special procedures
mandate holders of the Human Rights Council, in particular those of the Special Rapporteur
on torture and other cruel, inhuman or degrading treatment or punishment and the Working
Group on Arbitrary Detention (arts. 2, 11 and 16).
The Committee urges the State party:
(a)
To establish a national system that independently, effectively and
regularly monitors and inspects all places of detention without prior notice;
(b)
To grant, as a matter of great urgency, access to independent
governmental and non-government organizations, in particular ICRC, to all detention
facilities in the country;
(c)
To strengthen further the cooperation with United Nations human rights
mechanisms, in particular by permitting visits from the Special Rapporteur on torture
and the Working Group on Arbitrary Detention, in conformity with the terms of
reference for fact-finding missions by special rapporteurs and special representatives
(E/CN.4/1998/45), as soon as possible.
Enforced disappearances and incommunicado detention
15.
The Committee is concerned about a number of persons who have been arrested and
sentenced at closed trials without proper defence and imprisoned incommunicado, and the
lack of information from the State party on progress made in ascertaining their fate and
whereabouts. These persons include Gulgeldy Annaniazov, Ovezgeldy Ataev, Boris
Shikhmuradov, Batyr Berdyev, and those imprisoned in connection with the assassination
attempt on the former President in 2002, raised, inter alia, by the Special Rapporteur on
torture (A/HRC/13/42, paras. 203-204; E/CN.4/2006/6/Add.1, para. 514). In particular, the
Committee is concerned about the lack of: (a) effective, independent and transparent
investigations into allegations of such practices, and prosecutions and convictions of
perpetrators, where appropriate; and (b) due notification of the results of such investigations
to the relatives of individuals who have disappeared, including confirmation of their place
of detention and whether they are alive. This lack of investigation and follow-up raises
serious questions with respect to the State party’s willingness to fulfil its obligations under
the Convention and constitutes a continuing violation of the Convention with respect to the
relatives of the victims (arts. 12 and 13).
The Committee urges the State party:
(a)
To take all appropriate measures to abolish incommunicado detention
and ensure that all persons held incommunicado are released, or charged and tried
under due process;
7