Combating impunity in Tajikistan

 

Has there been any progress on protecting of victims of torture in terms of legislation?

 

There has been a great deal of progress over the past five years. In the past it was impossible to prosecute armed forces officers for cases of mistreatment.

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First of all, a special article on torture was incorporated into the criminal code and the corresponding legal framework regulating arrest and detention was adapted accordingly.

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Secondly, Tajikistan adopted an action plan to realise the UN recommendations on freedom from torture [part of the Universal Declaration of Human Rights, that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment].

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Parliament is discussing further amendments to the laws regulating arrest and detention procedures.

 

What else needs to be tackled? Based on your experience, how is legislation realised in practice?

 

There must be mechanisms to respond to cases in which people are tortured. Victims and their families need to know where to go [for help] and how to address it. They also need to be certain that they won't be prosecuted for making such statements and complaints.

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If a person is found guilty of torture, the courts should punish the guilty person, which doesn't always happen in reality.

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Further, the state should compensate victims of torture for any harm caused, including emotional damage, and develop an effective rehabilitation system ensuring such incidents won't be tolerated in future.

 

https://iwpr.net/global-voices/fighting-against-torture-tajikistan