Monitoring : analysis of torture issues has been conducted

Monitoring[1]: analysis of torture issues has been conducted

It should be noted that the monitoring of the implementation progress of the National Action Plan to implement the recommendations of the UN Committee against Torture for 2019-2022 in the interval of 2019-2020 was prepared by the Executive Office of the President of the Republic of Tajikistan and the Civil Society Coalition against Torture and Impunity in Tajikistan. Its objective is to guide the efforts to implement legislation and law enforcement practices and freedom from torture, based on international standards of the right to freedom from torture.

In the report on the monitoring results regarding paragraph 1, subparagraphs 1 and 3 of the plan, it is mentioned that “according to part 1 of article 161 of the Criminal Procedure Code of the Republic of Tajikistan (jurisdiction of preliminary investigation of criminal cases), examination of torture (article 143 note 1 of the Criminal Code) is under the jurisdiction of the prosecutor’s office. Therefore, the issue of torture and cruel treatment is regularly checked and analyzed. The results are reviewed at board meetings of the General Prosecutor’s Office, the regional prosecutor’s offices, the Republican Law Enforcement Coordination Council, and operational inter-agency meetings and measures are taken to eliminate the violations identified. At the same time, legislation and practice related to the investigation of offences involving torture, cruel and inhuman punishment are being analyzed, and necessary measures are being taken to improve activities in this direction. In November 2020, the results of inspection and analysis of the execution of the Law of the Republic of Tajikistan “On Operational and Investigative Activities” and other regulatory legal acts in the activities of the officers involved in operative investigations regarding the detection of the serious and particularly serious offences for 2019 and 9 months of 2020 were considered at a meeting of the Law Enforcement Coordination Council involving a wide range of responsible persons and relevant decisions were taken”.

An analysis of statistical reports and the practice of prosecutorial oversight showed that in 2020 the prosecutor’s offices received 10 (2019-14) appeals about torture. The arguments presented in them were fully confirmed in one case, while the institution of criminal proceedings was denied in the remaining appeals.

- Based on the prosecutorial oversight practice and the recommendations of international organizations to improve the country’s legislation and the practice of investigation of crimes involving torture, cruel and inhuman punishment, prosecution authorities regularly take measures to enhance activities in this area. In 2020, to strengthen the legal guarantees concerning the criminal proceedings participants rights, including suspects and defendants, to prevent torture and other undesirable methods, the General Prosecutor’s Office prepared a draft law of the Republic of Tajikistan “On Amendments and Additions to the Criminal Procedure Code of the Republic of Tajikistan”. It was submitted for consideration by the Government of the Republic of Tajikistan after its coordination. The proposed draft provides that complaints of detainees, suspects, accused, defendants or convicted persons in custody regarding torture and other forms of cruel, inhuman and degrading treatment and punishment, as well as the actions and decisions of the bodies of inquiry and investigation, should be immediately referred by the administration of the places of detention for consideration by the bodies in charge of criminal proceedings. In addition, the prosecutorial bodies pay special attention to propaganda and explanation of the legislation in the field of prevention of torture and other undesirable techniques and methods. The prosecutors and investigators regularly hold meetings and training sessions with employees of the internal affairs, national security authorities, the Drug Control and State financial control agencies and combatting corruption, the report says.

It is also stated that “In all his speeches and press conferences, the General Prosecutor stresses the inadmissibility of torture, and explains the situation with the detection and the results of judicial investigations and criminal cases related to torture. Thus, during the period analyzed, local prosecutors held 1,244 meetings on the prevention of impermissible methods in the process of investigation and inquiry. A total of 2,359 materials on the activities of the prosecution authorities were published in the media”.

Monitoring the implementation of “National Plan for the implementation of the recommendations of the UN Committee against Torture for 2019-2022” in the interval of 2019-2020 has been prepared jointly by the Executive Office of the President of the Republic of Tajikistan and the Civil Society Coalition Against Torture and Impunity in Tajikistan.

How can the situation be improved? The only recommendation is - DO NOT KEEP SILENT!

Victims and their relatives - not to tolerate violence and inhuman treatment, make such cases public to protect their dignity.

Journalists and human rights defenders (CS) - provide professional assistance to victims, talk about problems.

The state – impose a total ban on torture and the obligation to monitor and punish the perpetrators.

The material was prepared with the support of OSIAF HRI, the Sigrid Rausing Foundation and the Helsinki Foundation for Human Rights.

The opinions expressed herein can in no way be taken to reflect the views of OSIAF HRI, the Sigrid Rausing Trust and the Helsinki Foundation for Human Rights.

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