DUSHANBE, November 11, 2012, Asia-Plus – On November 8, the Committee against Torture CAT heard the replies of Tajikistan to questions raised by Committee Experts on the second periodic report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Press release issued by CAT notes that responding to questions raised by Committee members the delegation of Tajikistan, led by Sherkhon Salimzoda, Prosecutor-General of Tajikistan, said that places of detention were monitored and pre-trial detention situations were assessed on a regular basis.  While the overall responsibility lay with the procurator’s office, the ombudsman was also involved in the prevention of torture and non-governmental organizations and the media also took part in visits.  Authorities had taken measures to develop institutional and legal measures to ensure the rapid treatment of allegations of torture, the delegation said, pointing in particular to changes in the proceedings of the special court, the ombudsman and other offices.

The delegation of Tajikistan consisted of representatives from the Office of the Prosecutor General, the Council of Justice, the Human Rights Ombudsman, the Department of the Executive Office of the President, the Ministry of Interior, the Ministry of Justice and the Permanent Mission of Tajikistan to the United Nations Office at Geneva.

The Committee’s concluding observations and recommendations on the report of Tajikistan will be issued towards the end of the session, which concludes on 23 November.

The delegation of Tajikistan, in particular, said it was pleased to hear that the Committee felt the country had made progress in combating torture.  Tajikistan would continue to further improve its legislative base as well as its institutional mechanisms to combat torture.  The delegation had taken good note of the Committee’s concern regarding the weak sanctions for torture – five years of imprisonment – and that no access to a lawyer was provided until a person was accused.

Article 143 of the Criminal Code provided criminal responsibility for harsh treatment and actions which belittled the dignity of a person, with sanctions ranging from two to five years.  However, the article made no delimitation of degrading acts, harsh treatment and torture.  The delegation went on to say that according to a decree issued in 2012 by the Supreme Court, factual detention should be seen as deprivation of a person’s ability to move freely – that included detention or enforcement to go or remain somewhere.  Deprivation of liberty was counted from the time when a person was taken into detention.  As per an instruction of the Prosecutor-General, detainees were informed of their rights to medical and legal assistance.

Responding to the Committee’s query about the possible signing and ratification of the Optional Protocol to the Convention against Torture, the delegation said a Government working group had been set up to this effect.  However, at the moment Tajikistan was not ready to sign and ratify the Optional Protocol due to financial difficulties, as explained to the Human Rights Council last year.

Tajikistan had made efforts in terms of training.  It had published a handbook on the role of the procurator’s office and methods of torture with assistance from the Danish human rights institution, regular courses on ways to identify torture had been held in Tajikistan, and 30 staff of the procurator’s office had been trained abroad in 2011.  The President’s office had also conducted more than 50 seminars over the past two years and authorities had established a hotline and a website allowing citizens to report police violence.

Places of detention were monitored through a national system and conditions in pre-trial detentions were assessed on a regular basis.  While the overall responsibility lay with the procurator’s office, the ombudsman was also involved in the prevention of torture.  The ombudsman was entitled to visits without prior notification and preventing him from doing so carried criminal responsibility.  Non-governmental organizations and the media also visited prisons on a regular basis.  Just recently, a place of detention in Dushanbe had been visited and a civil society organization which combated torture had monitored psychiatric institutions and hospitals to document cases of torture.  Military premises were assessed by a special body which ensured that the requirements of the charter of armed forces were being met.  Hazing among the armed forces was indeed a problem in Tajikistan, the delegation said, adding that this was the case in most countries.  Sanctions had been imposed and the military procurator had set up a hotline to eradicate this practice.  As a result of this and other measures, hazing in the military had been decreasing.

Authorities were taking measures to develop institutional and legal measures to ensure that allegations of torture were rapidly investigated.  The delegation pointed in particular to changes in the proceedings of the special court, the ombudsman and other offices responsible for considering complaints.  These complaints were made through sealed envelopes, making it impossible for prison staff to read the complaints.

The delegation did not think that it was correct that one doctor had had to examine 34 potential victims of torture in one hour.

Commenting on the administration of justice, the delegation emphasized that Tajikistan had taken practical measures to ensure human rights and freedoms since it had gained independence.

On the comment made by the Committee about courts not reacting to allegations of torture, the delegation said there were examples where courts had recognized torture.  According to the Criminal Code, judges must immediately look at allegations of torture.  Otherwise a court was not impartial, which led to the cancellation of sentences.  If force was used or if suffering was inflicted during the pre-trial detention phase, confessions could not be used in court.  In looking at criminal cases, courts took into account all relevant aspects to ensure that lawful and valid decisions were handed down, the delegation reassured.

The Criminal Code provided for appropriate conditions of detention for juveniles, the delegation reassured.  Psychologists must be brought in, juveniles must have access to representatives, and a lawyer must take part in all activities.  Punishments were also commensurate for juveniles: when a juvenile carried out a crime for the first time, he or she would not be given a prison sentence, and fines were much lower than for adults.

Turning to torture against juveniles, the delegation said three cases of torture against minors had been recorded this year and the culprits had been sanctioned.  To prevent this phenomenon from happening, changes had been made to the proceedings of the Ministry of the Interior and a special service had been set.  In accordance with the Criminal Code, crimes against minors were recognized as an aggravated circumstance, and this was governed by the Convention on the Rights of the Child, which Tajikistan had ratified in 2003.  In order to set the situation right in this sphere, Tajikistan had adopted a number of legal and sub-legal texts on sanctioning harsh treatment and on difficult family circumstances.

The delegation stressed that the policy of Tajikistan was directed towards improving procedures, ensuring the protection of human dignity and combating torture through various measures.  Tajikistan was ready to work and hoped that together they could bring the work in the country in line with international standards aiming to humanize society.