A/HRC/45/13/Add.1
referred to difficulties faced by the country in dealing with those returning citizens and the
management of such detainees, as well as the Government’s concern at continued
radicalization and the need to address terrorism. While no specific information was
received in relation to disappearances of returning fighters or their families, the Working
Group is concerned that there is a risk of such violations being committed in that context.
The Working Group notes that a visit from the Special Rapporteur on the promotion and
protection of human rights and fundamental freedoms while countering terrorism could
help Tajikistan to address those issues in line with international standards. It encourages the
Government to indicate its openness to such a visit.
III. General situation of enforced disappearance
12.
The Working Group has transmitted 10 cases of enforced disappearance to the
Government of Tajikistan, of which 1 is outstanding, 5 have been clarified by the
Government, 2 have been clarified by the source and 2 have been discontinued. Of those
cases, 6 are alleged to have occurred between late 1992 and July 1993 in the context of the
escalating civil war, when pro-government forces took over the capital, Dushanbe. The
alleged disappearances were attributed to the police, personnel of the Ministry of Defence,
and the People’s Front of Tajikistan, reportedly a paramilitary group linked to government
forces. Of the remaining cases, 2 allegedly occurred in 1997, 1 in 2012, which remains
outstanding, and 1 in 2013.
13.
As in virtually all countries facing the issue of enforced disappearances, in
Tajikistan the number of cases reported to the Working Group is not representative of the
real extent of the problem; it is only a small sample. In particular, the serious violations of
human rights and international humanitarian law, including enforced disappearances, which
were committed during the civil war remain essentially unaddressed in the country and
there is an apparent reluctance at both the political and administration levels to address
them. The Working Group did not obtain official figures, despite requesting them, on the
number of missing, including forcibly disappeared, from the conflict and the figures are not
obtainable from publicly available sources. Although it is difficult to assess the real scale of
the problem and to have exact figures on enforced disappearances, it is estimated that
thousands of individuals from the different factions may still be unaccounted for.
14.
In recent years, there have been several examples of opposition members allegedly
disappearing abroad and reappearing some time later in detention in Tajikistan. During that
process, their family members have been unaware of their fate and whereabouts. In some
cases, the individuals have never reappeared (see sect. V. C below). There are also reported
examples of opposition members disappearing within Tajikistan and of attempted
disappearances of their relatives.
15.
The practice of enforced disappearance of a short duration, particularly following
initial apprehension of individuals suspected of crimes and the use of so-called
administrative apprehensions and arrests, often in order to extract a confession which can
then be used against the individual, appears to be widespread in Tajikistan. There are also
problems related to the system of registration of detentions and transfers of detainees.
Those issues are discussed in more detail in the sections below.
16.
In relation to ongoing violations, many victims and their families refrain from
lodging complaints for fear of reprisals or because they are convinced that the perpetrators
will not be brought to justice. Given that the Working Group received credible information
indicating that individuals in prison received worse treatment after their relatives had
complained, and that the Committee against Torture has expressed deep concern at
allegations that individuals who complained of torture, members of their families, human
rights defenders, lawyers representing victims of torture and journalists reporting on
allegations of torture frequently faced reprisals by officials (CAT/C/TJK/CO/3, paras. 21–
22), that fear is well founded.
17.
The Working Group wishes to emphasize that there is a little awareness in the
country of the phenomenon of enforced disappearances and even less knowledge about the
concept, definition and constituent elements of enforced disappearances as a legal category,
including within the legal community and among human rights defenders.
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