CAT/C/TJK/CO/3
State party indicating that while 89 complaints of torture had been received by the Office of
the Procurator General since the Committee’s previous review in 2012, only four
individuals had been criminally convicted of torture under article 143 (1) of the Criminal
Code and none of the sentences received by those individuals had exceeded three and a half
years’ imprisonment. While noting that the State party provided additional data on cases in
which the Tajik authorities had prosecuted public officials for engaging in conduct
amounting to torture or ill-treatment, using other articles of the Criminal Code, the
Committee remains seriously concerned at the low proportion of criminal investigations
opened into such allegations compared to the number of complaints of torture and illtreatment received (arts. 2, 10, 11, 12, 13, 14, 15 and 16).
8.
The Committee reiterates its recommendation (see CAT/C/TJK/CO/2, para. 9)
that the State party should act urgently to combat a culture of impunity for torture
and ill-treatment, including by ensuring that high-level government officials publicly
and unambiguously affirm that torture will not be tolerated and that prosecutions will
be initiated against anyone committing acts of torture or complicit or acquiescent in
torture, including those with command responsibility.
Investigation of acts of torture
9.
As noted above, the Committee is concerned by the low percentage of complaints of
torture and ill-treatment that have been made the subject of criminal investigations by the
State party’s authorities. Notwithstanding information provided by the State party
concerning contradictory eyewitness accounts, the Committee is also deeply concerned by
reports it has received of cases of alleged torture that have not resulted in criminal
prosecution, including the 2015 death in police custody of Umar Bobojonov and the alleged
torture in detention of Djovijon Khakimov while being held in incommunicado detention at
the Ministry of Internal Affairs department on organized crime in January 2017. While
noting the State party’s assertion that its existing investigative mechanisms, such as the
Office of the Ombudsman, satisfy its obligations under the Convention, and
notwithstanding information provided by the State party concerning contradictory
eyewitness accounts, the Committee is concerned that the efforts of existing mechanisms
have not led to satisfactory results in these and other cases (arts. 2, 10, 11, 12, 13, 14, 15
and 16).
10.
The State party should:
(a)
Establish a separate investigative mechanism or unit that is capable of
carrying out effective criminal investigations and prosecutions of allegations of torture
and ill-treatment committed by public officials and which operates independently
both of the authorities accused of having perpetrated the crimes and of the authorities
responsible for prosecuting the person alleging torture;
(b)
Promptly, effectively and impartially investigate all incidents and
allegations of torture and ill-treatment, prosecute those who are found to be
responsible and report publicly on the outcome of such prosecutions.
Information about investigations into allegations of torture
11.
The Committee regrets that the State party did not provide information requested by
it concerning the State party’s efforts to investigate allegations by imprisoned opposition
figures such as Mahmadali Hayit, Rahmatullo Rajab and Umarali Husaynov (also known as
Saidumar Khusaini), all of whom were associated with the Islamic Renaissance Party of
Tajikistan, that they were subjected to torture and other ill-treatment by officials of the
Ministry of Internal Affairs department on organized crime, at the detention facility of the
State Committee for National Security, following their arrest in 2015. The Committee is
concerned that all details on the investigation and judicial review of their cases have been
designated as “secret” (arts. 2, 12 and 13).
12.
The State party should take the necessary measures to publicize relevant facts
related to any investigations undertaken into the allegations of torture and other illtreatment, especially those made by individuals including Mahmadali Hayit,
Rahmatullo Rajab and Umarali Husaynov (also known as Saidumar Khusaini).
3