Monitoring: the mechanism of detention formalities has been improved

Monitoring[1]: the mechanism of detention formalities has been improved

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.

As indicated in the monitoring report, following paragraph 4 of the plan, the working group under the Commissioner for Human Rights is responsible for taking measures to implement the recommendations of the Subcommittee on Accreditation of National Human Rights Institutions from 2012 and the recommendations of the UN bodies as per the Paris Principles. Regarding these issues, on December 20, 2017, the plan of the body of the Commissioner for Human Rights for 2017-2020 was approved. Also, a working group consisting of representatives of the Executive Office of the President of the Republic of Tajikistan, the Commissioner for Human Rights, the Ministry of Foreign Affairs and the Ministry of Justice was established under the Order of the Commissioner for Human Rights of October 19, 2017, No. 143.

- The legislation of other states governing the activities of human rights institutions and those of the countries whose national human rights institutions have "A" status was studied. Analytical materials on "Amendments to the legislation of the Republic of Tajikistan following the recommendations of the Subcommittee on Accreditation of the National Human Rights Institutions" were prepared, and materials for introducing amendments and additions to the legislation of the Republic of Tajikistan were developed and are under consideration by the working group, - the report says.

For subparagraphs 1 and 3 of paragraph 5 of the plan, on the analysis of the legislation of the Republic of Tajikistan concerning the issues of basic legal guarantees for detainees and persons taken into custody in criminal and administrative cases and consideration of the issue of improving the mechanism for documenting and registration of detention and registration of placement in detention facilities, specific changes and additions to the Criminal Procedure Code and the Law of the Republic of Tajikistan "On the procedure and conditions of detention of suspects" were made on May 14, 2016. In addition, on this issue, authorized criminal prosecution officers or other competent persons are obliged to inform the detainee about the reasons for detention and his rights in the vent of actual detention. These rights consist of immediate contact with a close relative, provision of defense counsel and refusal to testify. The mandatory medical examination is provided when placing a suspect in a temporary detention facility.

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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