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.
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