FIELDWORK & ASSESSMENTS
During his first visit to Tajikistan, Professor Mendez welcomed the political will and significant efforts made by the Government of Tajikistan to revise legislation and launch capacity-building activities among law enforcement officials. Despite the introduction of a number of changes, however, numerous loopholes and inconsistencies in the Code of Criminal Procedure and in law enforcement practices persisted. On the basis of discussions held with public officials, judges, lawyers and representatives of civil society, interviews with victims and with persons deprived of their liberty, the former Special Rapporteur on Torture concluded that acts of torture for the purpose of extracting confessions are committed during arrest and while suspects are in police custody and under the jurisdiction of operative and investigating officers. Professor Mendez was also concerned that the Code of Criminal Procedure of Tajikistan does not contain an absolute prohibition of extradition or deportation in cases where the subject would be at risk of torture in accordance with the requirements of article 3 of the Convention against Torture.
After the follow up visit in 2014, Professor Mendez was pleased to find Tajikistan had made considerable efforts to improve the situation of torture and ill treatment and to implement his recommendations in a systematic and comprehensive way. However, he found that the majority of the recommendations issued in 2012 continue to apply today. While the he was encouraged by the adoption of new legislation that brings the definition of torture in line with the Convention and by the Supreme Court decree that guarantees the availability of safeguards to prevent torture from the time of arrest, he urged the Government to continue working to ensure that improved laws and policies result in concrete changes in practice. Furthermore, the punishment for torture and ill-treatment must be increased in accordance with the severity of these acts, and amnesty for these crimes must be specifically prohibited in the applicable legislation. The former Special Rapporteur also expressed serious concern about allegations of reprisals against detainees who had spoken or complained of torture and mistreatment in detention, as well as their families, lawyers, and journalists. He also noted that Tajikistan needed to increase its efforts to develop an effective and independent prevention apparatus, including ensuring independent oversight of its places of detention and access by local and international civil society groups, and recommended that Tajikistan ratify the OPCAT as a matter of priority and ensure the implementation of an NPM, as well as independent monitoring by civil society alongside the NPM.
CAPACITY BUILDING & PARTNERSHIPS
February 12, 2014: High-level roundtable
The roundtable brought together high-level members of the Government and local civil society for substantive talks on implementing the Special Rapporteur’s recommendations for combatting and preventing torture and ill-treatment on the ground. The even facilitated productive discussions between members of the national NGO Coalition Against Torture and high-level government officials, including the Minister of Justice, the Ombudsman, parliamentarians, and Ministry of Interior representatives.