Relatives of victims of torture began to demand compensation from Government

Media Review for March 2013

The results of the media review for March 2013 showed that the issue of the prevention of torture and ill-treatment is more actively covered by  local  journalists, while the relatives of the victims of torture began to use their right to compensation from the state agencies.

 On March 6, 2013 the website of the news agency “Asia-Plus” reported that the widow of Bachajonov Ismail, who died in 2011 after being beaten in the jail of the Ministry of Justice of Tajikistan has received compensation for the loss of a breadwinner in the amount of 30 thousand Somoni (over $ 6, 000) from the Main Directorate for Execution of Punishments under the Ministry of RT. The publication notes that the defendant’s side proposed an amicable agreement under the condition of paying only a half of the requested amount, claiming that that the defendant is not a capacity to provide the full amount which is more than 655 thousand Somoni. “Given the fact that this litigation has been prolonged and the financial situation of Bachajonov’s widow, a mother of three minor children is getting even worse, she decided to agree with the terms of the settlement, based on which the lawsuit was terminated” - said the Director of the Independent Center for Human Rights Protection Sergey Romanov, whose attorneys represented the interests of the injured party in the court.

Another unprecedented case in the jurisprudence of the country was reported by “Asia-Plus” on March 15, 2013. The article states that the court ordered the Interior Ministry of Tajikistan to pay compensation to the widow of Dushanbe resident Safarali Sangov, which, according to his family, died as a result of beatings and torture at the police station.

The lawyer of the injured party Gulchekhra Holmatova whose services were donated by the Bureau of Human Rights and Rule of Law, noted that the claim for compensation for moral and material damages in the amount of 150 thousand Somoni was filed by the widow of Sangov. The Ministry of Internal Affairs was drawn as a defendant. 

“The Court, having considered all the necessary evidences ordered the law enforcement agency to pay the 46.5 thousand somoni (about $ 10 000) to the victim’s family” -  quotes the "AP" of the lawyer Holmatova.

That news has caused confusion in the journalist community. Thus, the website of Radio Ozodi in its article which was published on March 15, 2013 states: “In Tajikistan, one person's life costs less than the honor and dignity of the official’s son” recalling that Sangov’s widow will receive 46 thousand Somoni, and Bachadzhonov’s widow only 30 thousand Somoni , while the court ordered the newspaper “Imruznyus” to pay 50 thousand Somoni for the humiliation of honor and dignity of Amonullo Hukumov, the Head of Tajik railways son”.

Similar material was released by the weekly “Samak” called “The ten thousand costs Tajik”. “For the damage to the image of Rustam Hukumov caused by the media article, the court sought the edition to pay 50 thousand Somoni (more than 10 thousand dollars), and for the murder of a man – only 46.5 thousand Somoni! Amazing, is not it? Do our courts are guided by the principle: "Well, he died, now we have to serve those who are alive?” - asks the newspaper.

On March 4, 2013 the Persian service BBC announced the opening of a training center for prison staff on the basis of the Main Directorate for Execution of Punishments under the Ministry of RT. The opening ceremony was held with the participation of the British delegation, led by a member of the British House of Lords, Baroness Vivien Stern. During the ceremony she noted that the knowledge provided in the training center will prevent torture in prisons and in general serve for promotion of human rights in detention.

On the same day, March 4, the website of the TojNews Agency published a statement “The demand for the resignation of Izzatullo Sharipov”.

The article says that more than 300 parents of the prisoners that are currently serving their terms and those who had died in prisons, demanding the resignation of the Deputy Minister of Justice of Tajikistan Izatullo Sharipov, who oversees the penitentiary system for more than 10 years. A letter with this request was addressed to the President Emomali Rahmon with copies to Assistant Secretary of State for Central Asian Affairs Robert Blake and the British Ambassador to Tajikistan, Robert Ord-Smith. Multi-page letter contains detailed information about the facts of beating and torture in the penal colonies of the country, and about the alleged collusion between the agencies in the investigation of such cases. According to the author, they also attached a video in which the prisoners tell of abuse by prison guards.

Parents also demand for the resignation of the prosecutor who oversee the enforcement of law in prisons in Dushanbe and RRS Tolib Asimov and the Chairman of the Supreme Court of Tajikistan Nusratullo Abdulloev, who according to the authors of the letter, disregarded dozens of letters and statements of the convicts and their relatives about the atrocities taking place in the custody.

Amir Ikromzoda, the brother of Hamza Ikromzoda, who died in prison #1 of Dushanbe informed TojNews: “The statement, which was signed by 300 people, states the facts of unfair investigation into the deaths and torture of prisoners. The application was accompanied by audio and video recordings from Khujand colony, confirming these facts”.

On March 5, the weekly “Ozodagon” along with several other media outlets published the Amnesty International statement with the appeal to the Ukrainian authorities not to return the former Prime Minister Abdumalik Abdullodzhonov to Tajikistan, where he is “at risk of torture and other serious human rights violations”.

Amnesty International is concerned that, in case of extradition to Tajikistan, Abdumalik Abdullojon will face an unfair trial, will be at risk of torture and other ill-treatment. The organization calls on the Ukrainian authorities to refuse any request of the Tajik authorities to grant Abdumalik Abdullodzhonov and allow him access to a fair and impartial procedure for granting asylum.

On March 12, Radio Ozodi published information on the annual report of the Commissioner for Human Rights in Tajikistan, which is available on the website of the Ombudsman. Ozodi said: “The current annual report of the Commissioner for Human Rights in Tajikistan comparing to his previous reports is more open, a portion of which was devoted to critical issues of compliance with the principles of judicial fairness and the presence of torture in prisons in Tajikistan. Alizoda said that courts in Tajikistan “do not always adhere to the principles of rejecting the evidences obtained by illegal means”. In other words, the courts take into account the defendants' confessions, which were obtained through torture and ill treatment, which according to him is a big “spot” on the judicial system in Tajikistan”. 

The article provides statistics of the Ministry of Internal Affairs of Tajikistan: for the last year, the authorities received 488 complaints against the illegal actions of the police and on the basis of these complaints, 262 people received disciplinary punishment.  The number of complaints against the representatives of the law enforcement agencies for violence and torture was doubled over the last year. Criminal cases involving allegations of ill-treatment and torture were filed against nine police officers in 2012.

On March 29, “Asia-Plus” informed that the sentence against the former police officer of Yavan district police department Mashraf Aliyev, who was convicted last fall for the torture of a teenager and abuse of office, has been canceled, and the criminal case has been returned for further investigation to the Prosecutor General's Office of Tajikistan.

It is noted that such a ruling was issued by the Board of Khatlon regional court after the verdict was protested by the Chairman of the Supreme Court Nusratullo Abdulloev. Aliyev during further investigation will be held in custody.

The verdict was protested on the grounds that there was one more police officer from Yavan district police department listed in the criminal case who allegedly tortured the victim in order to get relevant evidence, but the investigation has not established that person.

According to the First Deputy Prosecutor General of Tajikistan Abdukodir Mukhammadiev, a criminal case has already been received by the Prosecutor General's Office. “At the moment we are reviewing the justification of the Regional Court’s decision. During the week, the decision will be made: either a court order will be challenged or we agree with him”- said Muhammadiev.

“Asia-Plus” recalls that this was the first ever verdict on the new article on “Torture” in Tajikistan.