CAT/C/TJK/CO/3 Sanctions for acts of torture 13. The Committee is concerned that the Criminal Code of the State party continues to provide for inappropriately low penalties for torture; that as a result of these low sanctions, the Criminal Procedure Code allows officials to terminate investigations into torture allegations “on the basis of repentance, conciliation with the victim”, or “change of circumstances”; that the crime of torture is presently subject to a statute of limitations; and that despite the fact that the most recent amnesty adopted by the State party excluded perpetrators of torture as defined in Criminal Code article 143 (1) from eligibility, individuals prosecuted for acts amounting to torture under other articles of the Criminal Code were eligible for and received amnesties. The Committee notes the information provided by the State party that a proposed amendment to the Criminal Code, currently under consideration, would increase the maximum penalty for torture under article 143 (1) from five to eight years’ imprisonment (arts. 2 and 4). 14. The State party should take measures to ensure, as set out in the Committee’s general comment No. 2 (2007) on the implementation of article 2, that the penalties for torture in its laws reflect the grave nature of the crime; that the crime of torture is not subject to any statute of limitations; and that perpetrators of torture are ineligible for amnesty under the Amnesty Act. The State party should also take measures to ensure that officials are not permitted under the Code of Criminal Procedure to terminate investigations into the crime of torture because the perpetrator has repented or reconciled with the victim. Furthermore, the State party should take measures to ensure that perpetrators of acts amounting to torture or ill-treatment are charged under article 143 (1) of the Criminal Code, and that they are not charged solely with other crimes which carry lower maximum penalties and which give eligibility for amnesty and are subject to statutes of limitations. Human rights Ombudsman 15. While noting that amendments to the Commissioner for Human Rights (Ombudsman) Act in 2012 allow for unimpeded access to places of deprivation of liberty, the Committee is concerned that the Ombudsman may not have, in practice, access to temporary pretrial detention facilities under the authority of the State Committee on National Security, to facilities run by the Ministry of Internal Affairs department on organized crime, or to facilities run by the Anti-Drug Agency, or to other places in which persons can be deprived of their liberty (and where they may be held in de facto incommunicado detention). The Committee is also concerned that the Office of the Ombudsman was given “B” status accreditation by the Global Alliance of National Human Rights Institutions in March 2012 for lack of full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), including insufficient guarantees of independence and inadequate funding (art. 2). 16. The State party should enable the Commissioner for Human Rights (Ombudsman) to access all places in which persons are deprived of their liberty, throughout the country, and to make his reports publicly available on a regular basis, including through a website. The independence and efficiency of the Office of the Ombudsman should be strengthened by ensuring adequate financial and staffing resources to enable it to carry out its mandate effectively and independently, in compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), with pluralism of staff and their selection by a clear, transparent and participatory process. Fundamental legal safeguards 17. While noting the legal amendments introduced in 2016, the Committee is concerned that detained persons do not enjoy, in practice, all the fundamental legal safeguards from the very outset of their deprivation of liberty, in particular after arrest by the police, and that domestic legislation does not provide the same level of protection for those detained on administrative charges as for those detained on criminal charges. It is also concerned at the practice still perpetuated by operative and investigative officers of informally inviting 4

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