Monitoring: the procedure for conducting forensic examinations

Monitoring[1]: the procedure for conducting forensic examinations

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.

According to the monitoring report, to implement subparagraphs 5 and 6 of paragraph 8 of the plan, the working group under the Ministry of Health and Social Protection analyzed the Law on State Forensic Examination and the experience and legal framework of other countries, where independent forensic examination service exists. The analysis results indicated that the introduction of independent forensic examination institutes in the Republic of Tajikistan requires changes in this area's legal and regulatory framework.

- Based on the analysis results, conclusions and proposals on the preparation of draft proposals on amendments and additions to the Law of the Republic of Tajikistan "On State Forensic Examination", the Ministry is prepared to cooperate with the relevant authorities of the country. In a joint order of the Ministry of Health and Social Protection and the Ministry of Justice dated May 1, 2018, No. 40/402 "On the procedure of medical care to persons serving sentences in places of detention and custody", which in particular establishes the order of pathology and medical and forensic examination in case of death in custody. A separate order of the Ministry was prepared to improve the reliability of forensic reports and transparency of this operation for the examination in cases of violent death in custody, which establishes a commission examination, i.e., with the participation of at least three forensic experts," the report says.

It is noted that under the current regulations (Health Code of the Republic of Tajikistan, the Law of the Republic of Tajikistan "On State Forensic Examination"), there is a legal basis for the anatomic pathology examination and forensic medical examination with the consent and at the request of the relatives of the deceased.

It is noteworthy that in cases of suspected violent death, forensic medical examination of the body, following current regulations, is carried out based on the decision of the investigative and judicial authorities.

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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