A/HRC/45/13/Add.1 obligation in its legislation and may have allowed individuals to be returned to States where they face a risk of enforced disappearance. 56. The Working Group welcomes amendments to the Code of Criminal Procedure prohibiting the extradition of a person if there is information to suggest that he or she may be tortured in the country of destination. The extreme seriousness of the crime of enforced disappearance and its absolute prohibition in international human rights law requires that the prohibition of extradition is extended to cases of persons who are at risk of enforced disappearance. The Working Group notes and welcomes the willingness of the Tajik authorities, expressed during the visit, to consider an appropriate amendment to the Code of Criminal Procedure. 57. The Working Group notes with concern that, while Law No. 1124 of 2014 on refugees includes clauses preventing a person seeking asylum from being penalized for illegal border crossing and prohibits refoulement on that basis, information received indicates that, in practice, those who arrive irregularly in the country are not able to submit an asylum application and may be prosecuted under the Criminal Code for illegal entry. The Working Group encourages Tajikistan to ensure that illegal entry by individuals seeking asylum is not criminally prosecuted and that such individuals are able to submit an asylum application. VI. Conclusion 58. Tajikistan has yet to come to terms with the violations of human rights committed during the civil war. More than 20 years after it ended, the wounds remain deep, and seem to be deliberately ignored. However, it is not too late for healing and reconciliation. 59. The continued refusal to look back at the past and the vilification of anyone linked to the opposition, or indeed anyone who tries to break the silence and speak about the past, will hinder the capacity of Tajikistan to move forward. It is of utmost importance that the State authorities, in consultation with relevant stakeholders, develop, propose and implement a comprehensive policy to address past abuses on all sides, including enforced disappearances. That policy should encompass the rights of all victims to truth, justice, reparation and remembrance. 60. There is an urgent need to engage in a process of search, exhumation and identification of the remains of missing persons, including those who were forcibly disappeared, so that they can be handed over to their families. That will require mapping of the places thought to have contained the remains, preservation of sites, improving capabilities and planning and conducting exhumations. 61. The Working Group believes that in order to come to terms with the painful legacy of the civil war, Tajikistan could benefit from the experiences of other postconflict States that have successfully employed mechanisms developed within the concept of transitional justice. 62. The Working Group stresses that enforced disappearance cannot be considered as an issue of the past. It is a continuous crime which persists until the fate and whereabouts of a forcibly disappeared person are clarified. The lack of judicial enquiries and continuing impunity for cases of enforced disappearance are not only a violation of the victims’ rights to truth and justice, but may also be a source of new violations in the future. 63. Indeed, the classification of some opposition parties as “extremist” and “terrorist” and escalating harassment and imprisonment of their members has already led to alleged extraterritorial abductions and enforced disappearances in recent years. 64. The invitation extended by the Government to the Working Group and its engagement is a positive and encouraging step. Recent legislative changes, including improving the notification and registration requirements during arrest and detention, are also very welcome developments. 14

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