A/HRC/45/13/Add.1
and hopes that the other recommendations concerning exhumations and burial sites can also
be implemented.
38.
With regard to the exhumation of burial sites and identification of remains, the
Working Group notes that Tajikistan has limited forensic capabilities, and only one small
facility for DNA analysis in Sughd province. The Working Group welcomes the news that
there are plans to open a DNA laboratory in Dushanbe and hopes that those plans can be
promptly operationalized and that the country’s forensic capabilities can be further
strengthened. Following that, a DNA bank of affected families should be established, with
appropriate guarantees on reprisals and confidentiality for families coming forward and
with external assistance if required. Training for forensic officials on international
standards, such as the Minnesota Protocol on the Investigation of Potentially Unlawful
Death, should also be strengthened. The Working Group welcomes the indications from the
Government that efforts are ongoing to strengthen the country’s DNA analysis capacity and
that it supports the recommendations concerning the strengthening of forensic capacity,
training and the establishment of a DNA bank for families.
39.
The Working Group is also aware of a policy, enforced until 2004 when a
moratorium on the death penalty was declared, of not returning to the families the bodies of
those who were executed in accordance with court sentences. Families were also not
informed about the burial places of the executed persons. The Working Group wishes to
highlight the families’ right to have the remains of the executed persons returned to them
and to dispose of those remains according to their own tradition, religion or culture. In
cases where that proves impossible, families should be informed about places of burial.
40.
The Working Group was informed that certificates of absence are granted only
pursuant to a court decision. One government official recalled that a member of his own
family had accepted a death certificate for a missing family member in order to be able to
proceed with administrative procedures. The Working Group recalls that States should
provide families of victims of disappeared persons with the means to regularize their legal
status in relation to the disappeared persons after an appropriate period of time, but that
relatives should not be required to declare them dead in order to do so. 6 The Working Group
encourages Tajikistan to ensure that certificates of absence, which allow individuals to
complete all necessary administrative procedures, are available in cases where an enforced
disappearance is recorded.
41.
The Working Group also observes that following the prison riot in Vahdat, while the
authorities provided assurances that family members of those killed were able to see the
bodies, confirm the identity of the individual and perform funeral rites, information from
other sources indicates that that was not the case. The Working Group was informed that
some families were unable to identify the bodies of their relatives or inspect the coffins
before they were interred. Furthermore, allegedly in one case, an individual whose family
believed he had been killed and buried, reappeared alive after being held in solitary
confinement, which would in itself constitute a period of enforced disappearance. The
Working Group is also concerned by contradictory information provided to families of
individuals suspected of having participated in the riot. The Working Group was informed
by the authorities that the 20 surviving prisoners were, at the time of the visit, being held in
the punishment block of the prison. However, it was not clear whether the families of those
arrested had been promptly notified of their location.
42.
The Working Group refers to article 13 of the Declaration, as the Government is
obligated to ensure that complaints of alleged enforced disappearances are dealt with by a
competent and independent State authority that has the power and resources necessary to
conduct the investigation effectively, and that such investigations are carried out promptly,
thoroughly and impartially. While the Working Group was informed of some examples of
officials being prosecuted for torture, it appears there is total impunity for acts of enforced
disappearance that occurred during the conflict or at any other time.
6
10
Human Rights Committee, general comment No. 36 (2018) on the right to life.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents