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perpetrators of such acts and, where they are convicted, impose appropriate
sentences, and properly compensate the victims.
Status of the Convention in the domestic legal order
7.
While noting article 6 of the Turkmen Constitution, which recognizes the primacy of
the universally recognized norms of international law, the Committee notes with concern
that the Convention has never been directly invoked in domestic courts. The Committee
takes note of the oral assurance by representatives of the State that the direct application of
the Convention by courts is envisaged shortly.
The Committee recommends that the State party take the measures necessary to
ensure the full applicability of the provisions of the Convention in its domestic legal
order and the practical implementation of article 6 of the Constitution by, inter alia,
providing extensive training to the judiciary and law-enforcement personnel in order
to make them fully aware of the provisions of the Convention and its direct
applicability. Furthermore, the State party should report back on progress made in
this respect and on decisions of national courts or administrative authorities giving
effect to the rights enshrined in the Convention.
Definition, absolute prohibition and criminalization of torture
8.
While noting article 23 of the Constitution, which prohibits acts of torture or cruel,
inhuman or degrading treatment or punishment, the Committee remains concerned that the
State party has still not incorporated into domestic law the crime of torture as defined in
article 1 of the Convention, and that the Criminal Code does not contain provisions
specifically providing for liability for torture, but rather criminalizes “the causing of
physical and moral suffering through systematic beatings or other violent acts” under article
113, “abuse of power” by an official under article 358, and the use of force by officials
against individuals in their custody for the purpose of obtaining information under article
197. The Committee notes with concern article 47 of the Constitution, under which the
implementation of the rights and freedoms of citizens may be suspended in a state of
emergency or martial law in accordance with domestic laws. Furthermore, the Committee
regrets the lack of information about rules and provisions on the statute of limitations
(arts.1, 2 and 4).
The Committee urges the State party to adopt a definition of torture that covers all
the elements contained in article 1 of the Convention. The definition of torture should
set out clearly the purpose of the offence, provide for aggravating circumstances,
include the attempt to commit torture as well as acts intended to intimidate or coerce
the victim or a third person, and should refer to the motive or reasons for inflicting
torture identified in article 1 of the Convention. The State party should also ensure
that acts of torture are not defined in terms of a less serious offence, such as the
causing of physical and moral suffering, and that these offences are punishable by
appropriate penalties which take into account their grave nature, as set out in article
4, paragraph 2, of the Convention. Furthermore, the State party should ensure that
the absolute prohibition against torture is non-derogable and that acts amounting to
torture are not subject to any statute of limitations.
Fundamental legal safeguards
9.
While noting article 26 of the Code of Criminal Procedure on legal assistance, the
Committee expresses its serious concern at the State party’s failure in practice to afford all
persons deprived of their liberty, including detainees held in temporary holding facilities
(IVS), with all fundamental legal safeguards, as referred to in paragraphs 13 and 14 of the
Committee’s general comment No. 2 (2008) on the implementation of article 2 by States
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