Month of state agencies reports under the banner of fight against torture

Media review in Tajikistan for January 2013 

The month of state agencies reporting under the banner of fight against torture 

January of this year was marked by the media as the month of reports of the state agencies under the banner of fight against torture, when the heads of the relevant structures reported to journalists on their activities for prevention of torture during the concluding press conferences 

In its analytical article “Why Zoirov needs to visit the prisons” (№ 2 dated January 9, 2013) the weekly Faraj talks about the initiative of the leader of the Social Democratic Party of Tajikistan Rakhmatillo Zoirov of establishing a special commission for investigation into the complaints on torture and prisoners abuse after their transfer from Dushanbe to Khujand. However, the author stated that this initiative was slowed down while the alarming signals from the prisons continue to flow in the media.

In particular, the newspaper “Nigoh” (№ 41 from January 2) added information “Another inmate’s suicide in Vahdat prison” which states that a convicted Faizullo Mansurov committed suicide. At the same time the publication recalls other cases of deaths in Vahdat prision, including the death of the convicted Achik Kayumov.

On January 4, 2013 the “Asia-Plus” news agency published on its website the information that the parents of Hamza Ikromzoda are not satisfied with the course of investigation into their son’s death and again urged the Prosecutor General of Tajikistan to thoroughly investigate this case. “Ikromzoda’s relatives claim that the investigation outcome is foregone – according to them this is indicated by the fact of falsification of the forensic expertise , which states that the prisoner's death was the result of self-hanging” - says the agency.

"It does not suit us. Marks on the body of Hamza eloquently indicate that his painful death was a result of torture. Therefore, we demand for a thorough investigation. We also demand the court to invite the witnesses of torture and abuse against Hamza - convicts who were intentionally transferred to Khujand colony. Those responsible for his death should be punished to the fullest extent of the law”- Asia Plus quoted Amir Ikromzoda.

In continuation of this theme the weekly “Samak” (№ 1 of 7 January 2013) published an article “The cause of Hamza Ikromzoda’s death remain unclear” in which the author concludes: “The complaint by Ikromzoda’s relatives was filed amid the widespread allegations of human rights organizations that torture take place in prisons in Tajikistan”. 

At the same time the Tojnews news agency which was followed by the media outlets on January 9 posted news from the press conference of the General Prosecutor's Office of the Republic of Tajikistan that three officials held responsible for the death of a prisoner Hamza Ikromzoda. This statement was made by the Attorney General Sherkhon Salimzoda. He noted that the investigation which was opened on two articles of the criminal law - negligence and abuse of power, still continues.

“During the last year, there were nine criminal cases were instituted on torture against 10 employees of law enforcement agencies. During the reporting period, prosecutor’s office received 22 complaints on torture. Most of the time complaints were filed against police officers” - said Salimzoda.

On January 8th the news agency “Asia-Plus” posted on its website information on the press conference of the Council of Justice, where the Chairman of the Council Zafar Azizov noted that the courts should take effective measures to allegations of torture. In his view, "most of the time these cases occur at early stages of detention or criminal investigation”. “The victims are rarely report allegations of torture in time and it becomes difficult to prove anything during the trial", - quotes Azizov the “AP”. 

"Last year, for torture was instituted nine criminal cases against 10 employees of law enforcement agencies. During the reporting period, prosecutors received 22 complaints of torture. Most complain of police ", - said Salimzoda.

January 8 news agency "Asia-Plus" posted on its website information on the press conference of the Council of Justice, where the chairman of the institution Zafar Azizov said that the courts should take effective measures to allegations of torture. In his view, "these cases, for the most part, are in the early stages of detention or under criminal investigation." "The victims are not always timely allegations of torture, and the trials it becomes difficult to prove anything", - quotes "AP" Azizov.

On this background there are different training sessions conducted for practicing lawyers local human rights defenders on international and national mechanisms of the freedom from torture. A similar workshop was held in Dushanbe on January 9, reports by BBC. According to the coordinator of the project “Combating torture and impunity in Tajikistan” Sergei Romanov, educational event is designed to contribute to the fight against torture and ill-treatment in Tajikistan through increasing the capacity of lawyers and advocates, legal protection for victims of torture and promoting standards of freedom from torture in the legislation and its enforcement.

Yet the issue of torture was raised by the journalists at the press conference in the Ministry of Interior. In particular, on January 18 the news agency “Asia-Plus” reported referring to the Minister of Internal Affairs of Tajikistan Ramadan Rakhimov that the Interior Ministry continually taking measures against the perpetrators of torture. “The law enforcement agencies of Tajikistan shall prevent the practice of torture under detention and interrogation” - quoted Rakhimov the agency. According to him, the fight against torture is one of the priorities of the Interior Ministry. “At the moment there are no sufficient funds in the budget to ensure all investigative units with video surveillance cameras, but we are taking other measures, including at the legislative level”- said the Minister, reminding about the inclusion of a separate article on “Torture” in the Criminal Code of the Republic of Tajikistan in 2012.

“In addition, we created a testing center, where every police officer is being tested for aptitude, and among other issues, they should be knowledgeable on the mechanisms of torture prevention. I can assure you that every police officer who applied in the practice the torture will answer before the law”- said Rakhimov.

Next Press Conference – Ministry of Justice and the same issue of torture. On January 22, 2013 the news agency “Asia Plus” reported that the Ministry of Justice Rustam Mengliev confirmed that during the last year there were many reports on torture and deaths in custody in the media.

He commented only one case on which the verdict was issued - the death of a prisoner of Vahdat colony Achik Kayumov last summer.

“On the verdict of Vahdat court last October Davlatali Rakhimov, who at that time headed the Vahdat colony was convicted under Art. 322 (negligence) of the Criminal Code and was sentenced to pay a fine of 10 thousand somoni. The prison doctor Saidhon Rasulov was convicted under Art. 129 part 2 (Inadequate performance of professional duties paramedics) of the Criminal Code and was sentenced to three years”, - said Mengliev.

At the same time he stressed that on the remaining cases the investigation continues. Investigation into the death of a prisoner of Dushanbe colony Hamza Ikromzoda is among them. “Let the prosecution complete its review, and the court will finds the culprits. We are waiting for the investigation completion”, - said Mengliev.

It is noteworthy that the media is not only reports about controversial deaths in custody or torture in detention, but also notes that the state is obliged to pay compensation to victims of torture, or in case of their death to their families. Such information was posted on the website of “AP” on January 24, stating that the lawyers of the minor child, who was tortured in detention by the police inspectors of Yavan district, intended to withdraw material compensation from the police department to the victim.

In late January, the media reported that another criminal investigation into torture was launched in Tajikistan, while the defendant still continues to work at his office. On January 25, 2013 news agency “Asia-Plus” reported that a criminal case under article “Torture” was launched against the Head of criminal investigation of Isfara Azizullah Asimov. The publication says that the mother of the victim brought the case to the attention of media as well as the stat agencies. The woman is concerned about the fact that the Head of the Criminal Investigation of Isfara who was received charges has not been yet taken into custody and is still in office. “He and his staff are putting pressure on us, demanding that we should take the statement back. I am very concerned for the safety of my son, my family”, - she said.

On the same day, on January 25, the weekly “ImruzNews” published the memoirs of the mother of convicted Dilshod Muradov who allegedly died as a result of torture. The woman tells the newspaper that, according to some data, her son was tortured by the Senior Investigator of Vahdat prison, whome she openly named. According to her there were the traces of burn on Dilshod’s fingers, his legs were broken as well as his teeth. “It's been four years since that tragic day, and still my son's mutilated body is before my eyes”, - says the woman.

And finally, the final turn was given to the Ombudsman Alizoda Zarif during the press conference on January 30, a person who should stand at the forefront in protecting human rights. However, according to news agency “Asia-Plus”, Alizoda noted that many statements on torture are not confirmed. The Ombudsman recommended that more attention should be paid to the conditions of detention. “Very often the penitentiary facilities are overpopulated and do not respond the standards. But the government is addressing these issues, for example, currently the construction of new facilities in Vahdat has started, also built two detention centers will be built in Khujand”,- he said.