A/HRC/10/29
complaints about law enforcement bodies, and the Inter-ministerial Commission on the
national reports. Implementation had started on a joint project with the Embassy of the
United Kingdom, the International Centre for Prison Studies and the German Development
Programme aimed at improving the penitentiary system. Support for the penitentiary
system was foreseen in the programme of projects to be conducted together with OSCEAshkabad in 2009. Within that framework, seminars were planned for prison staff on the
1955 United Nations Minimum Standards, follow-up consultations and the development of
learning materials on that issue.
547. Regarding the recommendation to allow access of ICRC representatives to
detainees, in conformity with their mandate, Turkmenistan had stepped up its cooperation
with all recognized international organizations, including with ICRC. At present,
Government representatives were taking part in training sessions and seminars organized by
ICRC in the country and abroad. The question of visiting penitentiary facilities was being
permanently discussed by representatives of the Government and ICRC. Turkmenistan had
proposed a gradual implementation of the ICRC mandate in the country. As a first step, it
had been proposed to broadly raise awareness among the staff of the relevant Government
bodies about the international rules and the practice and activities of ICRC in this area.
548. On 27 November 2008, the regional representation of ICRC in Central Asia made a
presentation on its activities in relation to imprisoned and detained persons. From
Turkmenistan, this presentation was attended by representatives from Government bodies
in charge of administering and controlling penitentiaries; from the Ministry of the Interior,
the general procuracy, the Supreme Court, the Ministry of Justice; and the Institute for
Human Rights and Democracy under the President of Turkmenistan.
549. On 7 March 2009, the regional representative of ICRC in Central Asia visited
Turkmenistan, during which the proposal on a gradual introduction of the ICRC mandate
on prison visits was discussed and taken into account.
550. On the recommendation to defend the human rights of journalists and human rights
defenders, to let them peacefully carry out their activities without threat of being detained
or imprisoned, the delegation stated that the human rights of journalists and human rights
defenders were fully guaranteed and protected by the State’s fundamental law and by
existing legislation. According to the new Constitution, citizens had the right to freedom of
thought and freedom of expression, as well as to receive information, if this information
was not a State secret or otherwise secret information (art. 28). Moreover, the delegation
provided information that, inter alia, written press and other public media were free in
Turkmenistan.
551. With regard to the recommendation to establish a constitutional court and
ombudsman system, Turkmenistan provided information that, inter alia, the UNDAF 2010–
2015 and the EU/OHCHR/UNDP projects included activities aimed at learning about the
experience with constitutional courts and constitutional councils in other countries. There
were also plans to undertake a monitoring of the human rights system in Turkmenistan,
from which relevant proposals would be formulated regarding institutions and legislation.
552. On the recommendation of excluding impunity for torture and other unlawful
treatment of prisoners and undertaking independent investigations on such cases,
information was provided on the relevant legal provisions, including part 2, article 23 of the
Constitution, which stated that no citizen could be subject to torture, cruel or inhuman or
humiliating treatment or punishment, nor subject without consent to medical or medicinal
experiments (part 2, art. 23). The delegation also stated that more detailed information on
this issue would be presented in the national reports of Turkmenistan to the Human Rights
Committee and to the Committee against Torture. Further information was also provided on
study visits to penitentiary systems, proposals for reforms and plans for identifying
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GE.09-17451
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