Children in conflict with the law often become victims of torture at the time of arrest

DUSHANBE, September 1, 2012, Asia-Plus  — The Center for Child’s Rights has presented the findings of the survey entitled “Monitoring Torture and Ill-Treatment of Children in the Context of Juvenile Justice in Tajikistan.” 37 teenagers aged 10 to 18, 44 parents as well as employees of medical facilities and closed institutions and representatives of commissions […]

Nargis Hamroboyeva

DUSHANBE, September 1, 2012, Asia-Plus  — The Center for Child’s Rights has presented the findings of the survey entitled “Monitoring Torture and Ill-Treatment of Children in the Context of Juvenile Justice in Tajikistan.”

37 teenagers aged 10 to 18, 44 parents as well as employees of medical facilities and closed institutions and representatives of commissions for child’s rights from Dushanbe, districts subordinate to the center, Sughd and Khalton provinces have reportedly been surveyed.

Of the total number of respondents, nine children had experience of being held in police station, six others had an experience of being held in the distribution center, three children had an experience of being held in children’s penal colony, five were held in special schools for problem children and three others had an experience of being held in special vocational and technical schools for teenagers in conflict with the law.

Many of those surveyed aged 15 to 17 were frequently put in a pretrial detention facility, the survey said.

The survey has reportedly recorded numerous instances of violation of right of children to freedom against torture and ill-treatment at the stage of arrest, bringing to police station, being held there and the conduct of interrogations.  Besides, the rights of children to legal aid and meeting with parents are also violated.

The survey notes that children in conflict with the law are often become victims of torture and ill-treatment at the time of arrest and while being held in police stations.

The survey, in particular, cites as an example the arrest of three teenagers aged 15 to 17 on suspicion of robbery.  Their mothers say the teens were severely beaten in the police station and threatened with pistols to force them to confess.  Police officers reportedly interrogated the teens from 5:00 pm to 3:00 am to extort confessions.  The teens were let out under parental supervision only at 3:30 am after they confessed to the robbery.  They were sentenced to five years each (an appeal has been lodged against the sentence).

The research also cited as an example the arrest of a 17-year-old girl on suspicion of theft.  Another underage girl was arrested together with her as accomplice.  Both of them were brought to police station, where they were severely beaten.

According to R.S., police officers were beating her on the head and threatening with rape.  R.S. was held in the police station for two days but police officers did not inform her parents about her arrest.  After being held in the police station for two days and the use by police officers of illegal methods to produce evidence, the girls confessed to the crime and were let out under parental supervision.  After the next summoning for interrogation, R.S. reportedly drank vinegar and died in hospital.

The survey also describes cases, when children become victims of torture and ill-treatment by officers of children’s penal colonies.

According to the survey, there are deficiencies in the country’s legislation regarding the compulsory medical examination of minors put in closed institutions.

Based on the survey’s findings, the Center for Child’s Rights recommends adopting the law on child’s rights or working out a system of protection of child’s rights.  The Center also offers to make appropriate amendments to the country’s criminal procedure code.  

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