CAT/C/TJK/CO/3

(g)
Amendments to the Criminal Code, introducing the concept of “de facto
detention”, which begins the moment a person is taken into custody, and setting out a
detention procedure, in 2016.
5.
The Committee also welcomes the initiatives of the State party to amend its policies,
programmes and administrative measures to give effect to the Convention, which include:
(a)
Establishing a joint working group for monitoring places of deprivation of
liberty, under the Office of the Commissioner for Human Rights (the Ombudsman), to
conduct visits to places of deprivation of liberty, in 2014, and developing a draft strategy
for reform of the penal system for up to the year 2025;
(b)
Adopting the State Domestic Violence Prevention Programme for the period
2014–2023;
(c)
Dissolving the Council of Justice and transferring its powers to the Supreme
Court, on 22 May 2016;
(d)
Creating the post of the Commissioner for Children’s Rights, who also serves
as the deputy to the Commissioner for Human Rights (the Ombudsman), in 2016;
(e)
Adopting a new national plan to combat trafficking in persons in Tajikistan
for the period 2016–2018, on 27 July 2016;
(f)
Approving, by order of the Procurator General, a manual for investigative
officers of the military procurator’s office and military personnel, aimed at preventing and
investigating cases of hazing and abuse of power by officers, on 18 August 2016;
(g)
Adopting a national plan of action to implement recommendations made
during the second cycle of the universal periodic review, for the period 2017–2020, on 7
June 2017;
(h)
Adopting the Programme for Reform of the Juvenile Justice System 2017–
2021, with a view to bringing legislation and practice into line with international standards,
on 29 June 2017.

C.

Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
6.
In paragraph 26 of its previous concluding observations (see CAT/C/TJK/CO/2), the
Committee requested that Tajikistan provide further information regarding areas of
particular concern identified by the Committee in paragraph 8 (a) and (b), on conducting
prompt, impartial and effective investigations and establishing an official central register of
arrests; in paragraph 9 (a), on ensuring and strengthening legal safeguards for detained
persons; in paragraph 11 (c), regarding prosecuting suspects and sanctioning perpetrators of
torture or ill-treatment; and in paragraph 14 (a), (b), (c) and (d), on improving conditions in
all places of detention, eliminating the near-complete isolation of prisoners serving life
imprisonment, ratifying the Optional Protocol to the Convention against Torture and setting
up a national preventive mechanism, and establishing an effective and confidential system
for receiving complaints of torture and ill-treatment in detention. The Committee expresses
its appreciation for the State party’s follow-up response on those matters and the
substantive information, provided on 9 January 2014 (see CAT/C/TJK/CO/2/Add.1), and
for the replies to its list of issues (CAT/C/TJK/Q/3/Add.1). However, in view of that
information, the Committee considers that the recommendations included in paragraphs 8
(a) and (b), 9 (a), 11 (c) and 14 (a), (b), (c) and (d) mentioned above have not been
implemented (see paras. 9–12, 17–18, 13–14 and 33–38 of CAT/C/TJK/CO/2/Add.1,
respectively).
Impunity for torture and ill-treatment
7.
Recalling its previous concluding observations (CAT/C/TJK/CO/2, para. 9), the
Committee is concerned at allegations that torture and ill-treatment continue to be routinely
practised by law enforcement officials in the State party, and at the data provided by the

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