A/HRC/45/13/Add.1
(ii)
The application of command
responsibility for such crimes;
or
superior
individual
criminal
(iii) Explicit provisions indicating that enforced disappearance is a
continuous crime to which amnesties or immunities or a statute of limitations
cannot be applied;
(b)
Ratify the International Convention for the Protection of All Persons
from Enforced Disappearances as soon as possible, with the express recognition of the
competence of the Committee on Enforced Disappearances, according to articles 31
and 32 of the Convention.
72.
Concerning transnational arrests and non-refoulement, the Government should:
(a)
Ensure that any extradition requests are dealt with in full compliance
with international human rights law;
(b)
Ensure that refoulement of individuals to countries where there are
substantial grounds to believe those individuals may be at risk of enforced
disappearance is prohibited;
(c)
Ensure that illegal entry by individuals seeking asylum is not criminally
prosecuted and the individuals are able to submit an asylum application;
(d)
Conduct training and awareness-raising among government officials on
the principle of non-refoulement.
73.
Concerning registration and notification in the criminal justice system, the
Government should:
(a)
Ensure that families are promptly notified of the arrests of suspects from
the moment of actual restriction of freedom of movement and freedom of action of an
apprehended person, and ensure that the new legal guarantees on notification and
registration following initial apprehension are systematically implemented in practice
including through:
(i)
Extending procedural protections related to notification and registration
to administrative apprehensions and arrests and when individuals are de facto
deprived of their liberty when being called and interviewed as witnesses;
(ii)
Establishing a centralized digital registration system for all places of
detention;
(iii) Reducing the notification period for individuals moved to penitentiary
facilities or transferred;
(iv) Conducting extensive training and awareness-raising on the guarantees
among legal professionals, law enforcement officials and the public;
(v)
Informing all law enforcement officials that delayed notification and
falsification of records are prohibited and will not be tolerated, ensure that
such practices are subject to an appropriate sanction and systematically punish
persons who breach the requirements;
(vi) Systematically investigating all alleged cases of torture and ill-treatment,
cases where families are not notified of detention or registration records are
falsified, and sanctioning perpetrators;
(b)
Grant the existing monitoring groups, the International Committee of
the Red Cross and other independent monitors access to all facilities, including those
run by the State National Security Committee;
(c)
Fully implement the recommendations made by the Committee against
Torture (CAT/C/TJK/CO/3) and become a party to the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
74.
In general, the Government should:
(a)
Take decisive action and give clear orders at the highest level to prohibit
any surveillance, threats, intimidation and harassment of human rights lawyers, civil
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