A/HRC/45/13/Add.1
2.
Reparation and memory
43.
All victims of enforced disappearance and their relatives have the right to full
reparation, which includes compensation, satisfaction, restitution, rehabilitation and
guarantees of non-repetition, as provided for in article 19 of the Declaration on the
Protection of All Persons from Enforced Disappearance.
44.
The Working Group observes that very little has been done to address issues of
reparation. While a trivial amount of compensation was granted to the families of soldiers,
it is not available to the families of other unaccounted for individuals. The Working Group
is also aware that in many cases in Tajikistan, it was the male breadwinner of the family
that disappeared, and female family members are continuing to suffer economic hardship
resulting from the disappearance of their loved ones. That illustrates the gendered
dimension of the phenomenon of enforced disappearance. Women as family members,
particularly where they become household heads due to an enforced disappearance, are in
specific material, financial, psychological and legal need (A/HRC/WGEID/98/2, para. 44).
Furthermore, the Working Group recalls that States should grant adequate compensation,
including in relation to any damage resulting from the enforced disappearance such as
physical or mental harm, lost opportunities, material damages and loss of earnings, harm to
reputation and costs required for legal or expert assistance (E/CN.4/1998/43, para. 73). The
Working Group welcomes the fact that some psychosocial support for some relatives has
been coordinated by the International Committee of the Red Cross through its
accompaniment programme. That entails extensive consultation and cooperation with
psychologists, lawyers and family associations in an effort to help the families deal with
their anguish and the resulting psychological and social consequences of the disappearance.
The Working Group calls on the Government to create a programme to provide full
reparation to all families of victims of enforced disappearance and consider requesting
international support in that regard.
45.
Memory should be a key component following the end of conflicts as a fundamental
element of reparation and a way to prevent further violations. The Working Group was
informed that 27 June is National Reconciliation Day, but found no evidence of genuine
efforts towards reconciliation. Similarly, there are no memorials for all victims of the civil
war, rather in the words of one interlocutor “there are monuments, but to the perpetrators –
they continue to have streets named after them”. The Working Group understands that
some family groups have requested memorials, but their requests have never been granted,
and requests to hold a Memorial Day specifically for victims have similarly been ignored.
Those requests are an indication of the private convictions among some families of victims,
given the sensitivities of the topic and the risks entailed with raising those issues. The
Working Group welcomes the Government’s indication that it supports the
recommendations to provide full reparation to the families of victims of enforced
disappearance and to establishing a day of remembrance for all victims. The Working
Group hopes that those and other recommendations can be promptly implemented.
B.
Registration and notification in the criminal justice system
46.
Despite the improvements in the legislative framework for preventing short-term
disappearances at the initial stages of the criminal procedure (see paras. 26–27 above),
allegations persist of the disappearance of apprehended suspects before their formal
registration, notification of the relatives and placement in temporary detention facilities.
According to several sources, transportation of apprehended suspects to the investigative
agencies is intentionally delayed and/or they are held for hours and sometimes days in cars,
apartment buildings, police station cells known as “katalazhki” and/or offices. Those
practices often amount to short-term enforced disappearances of apprehended suspects and
it is during that time that there is a heightened risk of torture and other forms of illtreatment, often aiming at extracting confessions that are then used against the individual.
The time of actual arrest, that is, the time at which the freedom of movement and freedom
of action of a suspect is restricted, is then commonly falsified. The Working Group was
informed by several interlocutors that delayed registration is seen as entirely normal, and
that short-term enforced disappearance is the rule rather than the exception.
47.
Reportedly, in contradiction to international human rights law, including article 10
of the Declaration, and amended national legislation allowing for unrestricted access of
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