DUSHANBE, June 28, 2011, Asia-Plus — On June 26, the International Day in Support of Victims of Torture, a coalition of Tajik and international human rights organizations urged the authorities to make the eradication of torture a top priority on the government’s agenda and to bring justice to victims of torture across the country.
In December 1997, the United Nations (UN) General Assembly proclaimed June 26 the International Day in Support of Victims of Torture, a day to speak out against the crime of torture, and to honor and support victims and survivors around the world. The date was chosen to commemorate the day the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture) entered into force in 1987.
According to Amnesty International (AI), in November 2006, when the UN Committee against Torture reviewed Tajikistan’s compliance with its Convention obligations, it expressed concern at “numerous allegations concerning the widespread routine use of torture and ill-treatment by law enforcement and investigative personnel”. The authorities have since taken some measures in the right direction. For example, the adoption of the new Criminal Procedure Code that came into force in April 2010 strengthened some safeguards against torture. Government officials have on several occasions reiterated their commitment to human rights. However, much remains to be done as evidenced by the fact that in 2010 the European Court of Human Rights ruled in several cases of Tajik citizens that they must not be extradited to Tajikistan citing the “widespread” nature of torture in the country. In 2011 the Court issued emergency measures to prevent the extradition of another man to Tajikistan.
AI reports that in Tajikistan police have in many cases been accused of torturing or beating detainees to extract money, confessions or other information incriminating the victim or others. This abuse has mostly taken place in the early stages of detention; in many cases victims are initially detained without contact with the outside world. Lawyers and human rights defenders in Tajikistan who have worked on cases of detainees held in facilities run by the State Committee for National Security reported that detainees in these facilities were at particular risk of torture or other ill-treatment. Lawyers and human rights activists also reported about torture and ill-treatment in pre-trial detention facilities under the jurisdiction of the Ministry of Justice, as well as in Ministry facilities for prisoners serving sentences in the penitentiary system.
The organizations signing this statement are concerned that safeguards against torture enshrined in domestic law are not always adhered to. For example, while the new Criminal Procedure Code stipulates that detainees are entitled to a lawyer from the moment of their arrest, in practice lawyers are at the mercy of investigators who can deny them access for many days. During this period of incommunicado detention, the risk of torture or other ill-treatment is particularly high. The new Criminal Procedure Code also introduced remand hearings within 72 hours of a suspect’s arrest. However, they often take place with a delay and judges in many cases ignore torture allegations and the injuries presented to them in the court room. Usually they rely on the version of events given by the people accused of the torture.
There are no routine medical examinations when detainees are admitted to police stations and temporary detention facilities. Upon transfer to pre-trial detention facilities under the jurisdiction of the Ministry of Justice they undergo a medical examination. However, when medical personnel suspect that a detainee underwent torture or other ill-treatment they usually return them to the temporary detention facility until the signs of injury have faded.
Victims rarely lodge complaints when they are abused by law enforcement officers for fear of repercussions, and impunity for abusive officers is the norm. Often relatives and lawyers are reluctant to file complaints so as not to worsen the situation for the detainee.
Prosecutor’s offices are tasked with investigating allegations of torture. Sometimes close personal and structural links between prosecutor’s offices and police undermine the impartiality of prosecutors. The authorities have not published comprehensive statistics on prosecutions of law enforcement officers relating specifically to torture or other ill-treatment rather than broader charges such as “abuse of power“ or “exceeding official authority“.
Judges recurrently base verdicts on evidence allegedly extracted under duress.
The definition of torture in domestic law is not fully in line with the definition contained in the Convention against Torture.
Tajikistan has not given the International Committee of the Red Cross access to detention facilities to carry out monitoring since 2004. It has not ratified the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, which provides for a system of regular visits to places of detention carried out by independent international and national bodies.
The organizations signing this statement are calling on the authorities of Tajikistan to implement the following recommendations as a matter of priority: 1) ensure that detainees in all cases have the right to a lawyer of choice and to unlimited and confidential access starting immediately after the arrest; 2) ensure that judges ruling on authorizing pre-trial detention also inquire into the treatment of detainees while in custody, in line with Principle 37 of the Body of Principles on Detention or Imprisonment (If the inquiry, or the detainee’s own statement, gives reason to believe that torture or ill-treatment was committed, the judge should issue instructions that an effective investigation be carried out); 3) Ensure that suspects are examined by an independent doctor immediately after their detention and when they are admitted to a temporary detention facility; 4) promptly open thorough, independent and impartial investigations into all allegations of torture or other ill-treatment and bring those responsible to justice; 5) legislate to the effect that no statement or confession made by a person deprived of liberty, other than one made in the presence of a judge or a lawyer, should have a probative value in court, except as evidence against those who are accused of having obtained the confession by unlawful means; 6) include a definition of torture in domestic law that is in full conformity with the definition contained in the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; 7) ratify the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; and 8) grant access to detention facilities to the International Committee of the Red Cross.
