A/HRC/19/3
18.
In 2011, the Law on the order and conditions of detention of suspects, accused and
defendants was adopted, which regulates several important issues regarding places of
detention, including the obligatory medical examination by medical officers in places of
detention. In 2011, the financing of the penitentiary system was increased sixfold compared
to 2004. Furthermore, a draft amendment to the Criminal Code was developed to introduce
a separate article on torture, in line with article 1 of the Convention against Torture.
19.
Since 2007, the Government has implemented judicial and legal reforms to improve
laws and procedures regulating the justice system, with the aim of further strengthening the
judiciary and the status of judges.
20.
An effective legal framework to combat corruption has been established and the
Government has taken comprehensive measures in this area, including the ratification of the
United Nations Convention against Corruption and the adoption of the Law and strategy on
combating corruption and the establishment of the National Council on combating
corruption.
21.
Although results have been achieved, including the high level of ratification of
international human rights and the moratorium on use of death penalty, the Government
must still address a number of issues, including the difficulties relating to the process of
transition from the planned economy to market relations, improving the living standards of
the population and raising public awareness on human rights. In this respect, the
Government would welcome the continued assistance of the international community to
implement the Millennium Development Goals and improve the system of protection and
promotion of human rights.
22.
The delegation provided responses to a number of advanced questions, including
those on the prohibition of torture and the ratification of the Optional Protocol to the
Convention against Torture. The delegation stated that the Government has undertaken a
number of measures to combat the use of torture. The law establishes criminal liability for
the use of torture. Under the Criminal Procedure Code, evidence obtained during initial
inquiries and pretrial investigations through the use of force, coercion, inhuman treatment
or other illegal means is considered invalid and may not serve as a basis for a charge. In the
past 8 months, the Prosecutor’s office initiated investigations into 16 out of 66 complaints
received from individuals. Over 1,500 police officers were subject to disciplinary sanctions
and some of them lost their job due to violations of freedom from torture. The Ombudsman
also deals with the issue of the use of torture, which has also been discussed in a session of
the National Security Council at the initiative of the President. Furthermore, as a preventive
measure, seminars and training were organized for the judiciary, the Prosecutor’s office and
law enforcement agencies.
23.
The delegation stated that an inter-ministerial working group has been established to
study the possibility of Tajikistan ratifying the Optional Protocol to the Convention against
Torture. A working group has also been established to introduce further improvements to
the Criminal Code. In this respect, amendments have been drafted to introduce a definition
of torture in line with the Convention.
24.
In response to questions on the advancement of women’s role in society, the
delegation informed that about 24 per cent of civil servants were women, and that 81 out of
381 judges were women. Training has been provided to women working in the central and
local Government bodies. A gender network has been established for women involved in
agriculture to assist and enhance their entrepreneurship, and a Presidential programme has
been established to provide grants to women entrepreneurs.
25.
With regard to questions about domestic violence, the delegation informed that there
were legal services and hotlines available to support women and girls who were victims of
domestic violence. As a result, over one hundred girls have received legal, psychological,
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