A/HRC/10/29
implement them. Pakistan also noted the initiation of the process to accede to the Optional
Protocol to the Convention on the Elimination of All Forms of Discrimination against
Women. Pakistan noted the commitment by Turkmenistan to intensify its cooperation with
several special procedures and that the recent visit of the Special Rapporteur on freedom of
religion or belief was noteworthy.
(c)
General comments made by other relevant stakeholders
561. Action Canada for Population and Development commended the Government on the
changes in its political system and the new Constitution. Noting the State’s commitment to
cooperate with United Nations agencies and international organizations, it urged the
Government to, inter alia, report publicly, accurately and comprehensively all health-related
data, specifically to disclose information about the HIV situation in the country and provide
access to treatment for people living with HIV, and adequate prevention services and
information to the general public. With reference to recommendation 29 of the report, it
called on the Government to review the official policy on infectious diseases and to allow
for an objective assessment of the country’s situation, with a view to designing policies that
would effectively guarantee the right of all Turkmen to the highest attainable level of
health. It also requested the Government to clarify its position on recommendations
contained in paragraphs 36 (b) and 40 (e), and called on the Government to repeal article
135 of the national criminal code to decriminalize consensual same-sex behaviour among
adults as, according to the Human Rights Committee, the criminalization of such acts
constitutes a violation of article 2 of the International Covenant on Civil and Political
Rights, to which Turkmenistan is a party. It requested that the Government ensure that nongovernmental organizations, including those in the health sector and those supporting
vulnerable groups, were able to register freely and operate without State interference or fear
of reprisal.
562. Cercle de recherche sur les droits et les devoirs de la personne humaine noted the
adoption of the new Constitution in September 2008, which established the primacy of
international treaties over national Turkmen legislation. In this connection, it enquired
about the measures taken by the Government to ensure that knowledge of international law
was disseminated among magistrates and judges.
563. Human Rights Watch welcomed the review of Turkmenistan as an opportunity to
foster positive change in the policies of one of the most repressive Governments in the
world. It was encouraged by the acceptance of a number of recommendations, including
against the harassment of journalists, religious communities and non-governmental
organization registration, and urged the implementation of these recommendations as a
matter of priority. It urged the Government to implement promptly the recommendation on
cooperation with the special procedures that had requested an invitation. It also welcomed
the State’s commitment to cooperate with ICRC, and called for the clear acceptance of the
recommendation to allow ICRC to access places of detention and to prevent torture.
Another area of concern raised during the review was the severe repression of civil society,
with independent activists and journalists facing a constant threat of Government reprisal.
Human Rights Watch urged the Government to fully implement the recommendations to
actually protect human rights defenders from persecution and end restrictions on the media.
It deeply regretted the decision of Turkmenistan to reject a number of recommendations. It
commented on the unknown numbers of people languishing in Turkmen prisons following
unfair trials, with at least two having taken place during President Berdymukhamedov’s
rule. It added that some of the cases were well known, such as those of Mukhmetkuli
Aymuradov, Annakurban Amanklychev, Sapardurdy Khajiev and Gulgeldy Annaniazov,
and were raised during the Working Group session. Human Rights Watch stated that, while
some individuals previously prevented from travelling abroad had now been able to travel,
the system of restrictions de facto remained in place. It urged the Government to reconsider
GE.09-17451
179
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