Monitoring: measures taken to prevent torture

Monitoring[1]: measures taken to prevent torture

It noteworthy 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.

According to the report of this monitoring, as part of the implementation of subparagraph 4 of paragraph 2 of the plan to inform the public about the facts related to the verification of evidence of torture and other types of cruel treatment, in 2019 the staff of the Prosecutor General's Office conducted meetings on the prevention of crimes, including torture and other types of cruel treatment, in more than 30 departments, organizations, institutions, rural jamoats, districts and cities of the country. In addition, a working group consisting of representatives of the Ministry of Justice, the Supreme Court, the National Centre for Legislation and the Commissioner for Human Rights has been set up at the Office of the Procurator General to consider these issues.

Concerning paragraph 3, subparagraph 1, of the plan, the Ministry of Justice has drafted a draft law to amend article 143, paragraph 1, of the Criminal Code of Tajikistan, which was adopted on January 2, 2020. Under this amendment, criminal liability for the use of torture was upgraded.

- To implement subparagraph 2 of paragraph 3 of the plan on non-application of the acts of amnesty, termination of criminal cases, exemption from criminal responsibility under the settlement agreement with the victim, expiry of criminal prosecution and other cases against persons who used torture and cruel treatment, the draft law "On amendments and additions to the Criminal Code of the Republic of Tajikistan" was prepared. To implement the provisions of this subparagraph, a working group consisting of representatives of the Ministry of Justice, the Supreme Court, the National Centre for Legislation and the Commissioner for Human Rights was established to consider the issues in question. As a result, the Draft Law of the Republic of Tajikistan "On Amendments and Additions to Articles 72, 73, 75 of the Criminal Code of the Republic of Tajikistan" was prepared and submitted to the working group established under the Order of the President No. AP-129 of April 30, 2019, to prepare the Criminal Code of the Republic of Tajikistan draft.

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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