Monitoring: State authorities are considering appeals about torture

Monitoring[1]: State authorities are considering appeals about torture

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, concerning paragraphs 1 and 2 of the plan, the General Prosecutor's Office reported that the complaints and reports of torture are handled by the Commissioner for Human Rights and prosecutorial bodies independent of other law enforcement agencies both organizationally and legally. At the same time, the practice of other countries is being reviewed, and recommendations for the establishment of a separate independent mechanism to investigate cases of torture are being prepared.

To implement subparagraph 3 of paragraph 2 of the plan, the Institute for the Study of Law, Order, Crime and Professional Development of Prosecutors of the Republic of Tajikistan, together with the relevant departments and units of the General Prosecutor's Office in the implementation of training programs, sessions on the methods and techniques of prosecutorial inspections to prevent and detect cases were conducted on April 11, 2019, with the involvement of 40 assistant prosecutors from cities and districts and on  May 22, 2019, with the participation of 19 prosecutors from cities and districts.

Also, following the training program of the Institute and in cooperation with the NGO "Center for Human Rights", lessons were conducted on the topics "Ways and methods of checking and investigating the cases of torture and other cruel treatment", "Principles of effective investigation and documentation of torture cases following the standards of the Istanbul Protocol": on April 11-14, 2019 with the involvement of 26 investigators from the Prosecutor's Office of GBAO cities and districts, Dushanbe city and its districts, on April 18-21, 2019 in Bokhtar of Khatlon region with the involvement of 31 investigators from the Prosecutor's Office of Khatlon region and its cities and districts, on April 25-28, 2019 in Khujand city of Sughd region with the involvement of 23 investigators from the Prosecutor's Office of Sughd region and its cities and districts. On February 26-28, 2020, a training session was held on "Ways and methods of checking and investigating cases of torture using modern training tools" involving 26 prosecutors of cities and districts of the republic. A training session was held on August 13-26, 2020, with the participation of 70 prosecutorial staff on the subject of "Prosecutorial oversight on the observance of human and civil rights and freedoms", and a seminar was held November 16 -21, 2020 on methods and techniques for detection and prevention of torture with young specialists from amongst prosecutorial staff. Regular (quarterly) analysis and compilation of the prevention of torture and other prohibited methods of investigation and inquiry is undertaken, and actions are taken. Training sessions are conducted using modern methods and techniques, including interactive methods, the study of new literature and legislation, and academics and practitioners' involvement.

To inform the public about the facts related to any investigation of torture and other types of cruel treatment, in 2020, the General Prosecutor's Office held meetings on the prevention of crimes, including torture and other types of cruel treatment in more than 40 institutions and organizations, rural jamoats and cities and districts of the country. Also, concerning this issue, the personnel of the General Prosecutor's Office conducted meetings in the departments of criminal investigation, combating organized crime, combating drug trafficking, investigation and prosecution of the MIA RT, the Department of the Ministry of Internal Affairs RT in Dushanbe, ANMN and several cities and districts of the republican subordination. In addition, classes were conducted using modern methods of training, depending on the topic, respectively, in the form of theoretical, lecture, lecture-practical, interactive sessions, brainstorming, and other methods and practical exercises were conducted through group work, individual work, role-playing and case studies on the topics under consideration.

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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