A/HRC/45/13/Add.1
18.
In order to prevent the recurrence of enforced disappearances, it is essential to
properly educate current and future generations, and to provide society in general, and civil
servants in particular, with adequate human rights training. The Working Group emphasizes
the importance of including the necessary education and information regarding the relevant
provisions of the Declaration on the Protection of All Persons from Enforced
Disappearance in the training given to both civilian and military law enforcement personnel,
public officials and other persons who may be involved in the custody or treatment of any
person deprived of their liberty. Professional training for judges, prosecutors and lawyers is
also essential. The Working Group stands ready to provide technical assistance to
Tajikistan in that regard, as is planned for other States in the region.
IV. Legislative and institutional framework
19.
The Working Group acknowledges the efforts made by the State to create a
legislative and institutional framework for the protection of human rights. Despite
noticeable progress, the framework remains unfinished and the political will to construct
comprehensive legislation and a supportive institutional infrastructure to address enforced
disappearances that took place in the past and to prevent and prosecute acts of enforced
disappearances in the future is lacking.
20.
The Constitution of Tajikistan provides for a broad catalogue of civil, political,
economic, social and cultural rights, including the right to life, prohibition of torture, the
inviolability of a person, prohibition of arrests and detentions without a legal basis, and the
right to judicial protection. The national human rights institution, the Human Rights
Ombudsman, receives complaints related to rights violations. The Office of the
Ombudsman was accorded B status by the Global Alliance of National Human Rights
Institutions, meaning that it complies only partially with the principles relating to the status
of national institutions for the promotion and protection of human rights (the Paris
Principles).1
21.
Tajikistan is a State party to eight core international human rights treaties. In
accordance with article 10 of the Constitution and article 10 of the Law on Regulatory
Legal Acts, those international treaties are a directly applicable part of the legal system of
Tajikistan and in case of conflict, they take precedence over national law. The Code of
Criminal Procedure extends that principle to criminal procedure, including rules related to
the apprehension of suspects, their registration and notification of their deprivation of
liberty.
22.
Regretfully, the only core treaty Tajikistan has yet to ratify is the International
Convention for the Protection of All Persons from Enforced Disappearance. The Working
Group underlines that the Convention contains useful guidance for States on building a
more solid and robust legal and institutional framework and would assist Tajikistan in that
regard. The Working Group welcomes the information received during the visit that the
issue of ratification of the Convention is included in the 2017–2020 national human rights
action plan, among the measures to implement the recommendations from the second cycle
of the universal periodic review. That is particularly welcome, given that Tajikistan did not
support the recommendations to ratify the Convention at the time of the review in 2016. In
particular, the Working Group was pleased by the assurance received during the visit that
the ratification of the Convention is expected before the expiration of the time frame for the
implementation of the human rights action plan in 2020. The Working Group also
welcomes the news that ratification of the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is being
considered.
23.
The Working Group regrets that Tajikistan has not introduced the autonomous crime
of enforced disappearance in its criminal legislation, as required under article 4 of the
Declaration. Moreover, the Working Group was informed during its visit that the ongoing
1
6
See chart of the accreditation status of national institutions accredited by the Global Alliance of
National Human Rights Institutions, as at 27 November 2019. Available at https://nhri.ohchr.org/EN/
AboutUs/GANHRIAccreditation/Documents/Status%20Accreditation%20-%20Chart%20(%2027%
20November%202019).pdf.
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