Forced repatriation and forced deportation are impermissible!

On January 24, 2019 the Government of Tajikistan has adopted National Plan of Actions for 2019-2022 to fulfill recommendations of the United Nations Committee Against Torture. The National Plan consists of 22 paragraphs: investigation of torture cases, punishment for torture, intensification of activity of Human Rights Ombudsman in RT, basic legal guarantees and remedies, access to independent lawyer, inspection of detention places, custodial detention conditions, independent grievance mechanism, indemnification and rehabilitation, etc.

The National Plan envisages around 80 measures aimed at improvement of legislation and law enforcement practices as to prevention of torture. Implementation of the National Plan involves a wide range of state authorities, courts, law-enforcement bodies, Ombudsman institution.

So, Paragraph №11 of the National Plan: “Prevention of forced repatriation and forced deportation”

This paragraph implies the partial implementation of the following measures:

·        Inquire into prevention of forced repatriation and improve legislation in this area.

·        Inquire consistently into and generalize issues of supervising the lawfulness of deportation of foreign citizens.

·        Consider issues of improving the legislation with regard to restraint on the freedom of residence for refugees and asylum seekers, including persons who unlawfully crossed the border seeking asylum.

·        Study judicial practice of administrative expulsions of refugees and asylum seekers, with the aim to consistently apply legislation in this area and include topics related to the rights of refugees and appeal to principles of non-refoulement, as for refugees and asylum seekers, in judge training programmes.

·        Develop a mechanism to redirect persons, who seek asylum on the border, to competent authorities to consider a request for asylum.

This material has been prepared by the International Torture Victims Protection Day that is marked every year on June 26.

Torture is like a dreadful virus, and there is only one vaccine against it – public disclosure.

Activities dedicated to the International Day in Support of Victims of Torture became possible within the framework of the project “Support for anti-torture agenda and human rights groups in Tajikistan”, funded by the European Union.