Monitoring: attention is paid to the recommendations of the Istanbul Protocol

Monitoring[1]: attention is paid to the recommendations of the Istanbul Protocol

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.

To implement subparagraph 4 of paragraph 5 of the plan, the Ministry of Health and Social Protection of Population has made significant progress towards incorporating the recommendations of the Istanbul Protocol into the activities of health officials. In particular, regulations on forensic medicine have been adopted, which reflect the recommendations of the Istanbul Protocol on the forensic investigation of complaints about torture and other forms of cruel treatment.

Subparagraphs 1, 3 and 4 of paragraph 6 of the plan have also been implemented, and the Law of the Republic of Tajikistan "On Advocacy and Practice of Law" was amended and supplemented three times: as of November 23,  2015, to articles 10, 12, 14, 21, 22, 35 and 45, as of  May 14, 2016, to articles 45 and as of February 24, 2017, to articles 13 and 19. Amendments and additions as of November 23, 2015, were introduced in terms of lawyer's responsibilities, obtaining attorney's status, admission to the qualification exam, suspension of attorney's status, termination of attorney's, retraining and professional development of attorneys and obtaining attorney’s status.

It is pointed out that the Program for Judicial and Legal Reform in the Republic of Tajikistan for 2019-2021 was approved by the Decree of the President of the Republic of Tajikistan dated April 19, 2019, No. 1242, which provides for the provision of qualified legal assistance to detainees, suspects, accused and convicted persons. In this regard, to increase the involvement of lawyers in providing legal assistance in criminal proceedings, ongoing analysis of legislation and practice is carried out. On this basis, amendments and additions are made to the Criminal Procedure Code of the Republic of Tajikistan.

- The Concept of Providing Free Legal Aid in the Republic of Tajikistan (hereinafter - the Concept) was adopted by the Decree of the Government of the Republic of Tajikistan No. 425 of July 2, 2015. The State Institution "Legal Aid Center" of the Ministry of Justice of the Republic of Tajikistan (hereinafter - the institution) was established by the Decree of the Government of the Republic of Tajikistan No. 704 dated November 28, 2015, to implement the Concept. Specialists of the monitoring unit within this institution monitor the activities of state legal bureaus using unique methods and techniques to assess the implementation of models and determine the quality of legal aid provided. Specialists of the institution monitor the activities of a lawyer at his/her location and check the order of office work, the correctness of statements of claim, applications, complaints and other documents of legal importance prepared by the lawyers for the applicants. In addition, in the field of providing free legal aid, the state institution "Legal Aid Center" under the Ministry of Justice is implementing different models of free legal aid and, jointly with the relevant ministries and agencies, has developed draft laws "On Legal Aid", "On Amendments ad Additions to the Criminal Procedure Code of the Republic of Tajikistan", "On Amendments and Additions to the Procedural Code on Administrative Offences of the Republic of Tajikistan", "On Amendments and Additions to the Civil Procedural Code of the Republic of Tajikistan" and "On Amendments and Additions to the Law of the Republic of Tajikistan "On Advocacy and Practice of Law" and submitted to the Government of the Republic of Tajikistan. On April 22, 2020, these draft laws were adopted by the Majlisi Namoyandagon Majlisi Oli of the Republic of Tajikistan and submitted for consideration by the Majlisi Milli of Majlisi Oli of the Republic of Tajikistan.

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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