A/HRC/10/79
Page 11
40.
The Czech Republic asked whether any registration procedure exists to identify children
of detainees/prisoners so that their rights can be protected. It recommended that Turkmenistan
(a) review politically motivated trials of the past and release all human rights defenders and
political prisoners; (b) abolish the propiska system and adopt further legislative and other
measures to ensure compliance of its legal system and practice with the protection of freedom of
movement; (c) accede to the Optional Protocol to the Convention against Torture and establish a
national preventive mechanism in accordance with the Protocol; (d) allow regular access of
ICRC to prisons and detention facilities and ensure thorough and impartial investigation of all
cases of torture and ill treatment and punishment of persons responsible for them according to
the law; (e) decriminalize consensual same-sex activity between adults and take measures to
promote tolerance in this regard; and (f) issue and implement a standing invitation to all special
procedures.
41.
Germany stated that reports by United Nations bodies and stakeholders pointed to major
deficiencies of the judiciary, such as the lack of information on rights, lack of access to justice,
denial of fair trial, use of testimony and confessions obtained through violence or coercion as
evidence before a court, and widespread corruption. Germany enquired how the Government
intends to tackle these problems, the past injustice of persons imprisoned as a result of unfair
trials, plans for a transparent review of all political cases of past years, and when those affected
will have justice. Germany enquired about the number of cases that have been dealt with by the
State commission to review citizen’s complaints about the actions of law enforcement agencies.
Regarding recommendations by the Committee on the Rights of the Child that it ensure that any
statement made as a result of violence or coercion is qualified as inadmissible evidence,
thoroughly investigate all allegations of torture and assure that perpetrators are rapidly brought to
justice, Germany enquired about how the recommendations are translated into practice; what
steps had been taken to end torture and ill treatment of detainees; what monitoring mechanisms
are in place to ensure independent oversight of prisons; and about judicial action against
perpetrators. Regarding freedom of expression and media, Germany enquired about two
journalists working for Radio Liberty, Mr. Ovezov and Mr. Khommadov, who were arrested on
7 March 2006 and since held incommunicado. Germany recommended that the Government (a)
immediately release all political prisoners; (b) take measures to grant the effective and
unhindered enjoyment of the freedom of religion; (c) ensure that members of civil society are
allowed, free of harassment, to meet with representatives of foreign media, Governments and
international organizations; and (d) improve its cooperation with United Nations human rights
mechanisms, in particular all mechanisms of the Council and treaty bodies.
42.
Latvia congratulated Turkmenistan on the visit of the Special Rapporteur on freedom of
religion or belief in 2008. Noting that a number of visits have been requested but not yet agreed
to, Latvia recommended that the Government increase its cooperation and eventually consider
extending a standing invitation to all special procedures of the Council.
43.
The United Kingdom praised the new Constitution and recommended ensuring its full
and effective implementation, and expressed its willingness to provide further support to
Turkmenistan in this process. It also noted, inter alia, that the Constitution appears to strengthen
the institution of the presidency and that the President is able to appoint and dismiss judges
without parliamentary review, forms the electoral commission, and has the right to issue edicts
that cannot be challenged. It recommended that Turkmenistan take steps to ensure greater
independence of the judiciary, including through the establishment of a constitutional court and
ombudsman system. It was concerned at the considerable restrictions on freedom of expression,
association, movement and religion and belief, and recommended that the Government do more
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