A/HRC/45/13/Add.1
lawyers to their arrested or detained clients, the practice of obstructing access to a lawyer
upon initial apprehension of suspects persists. Lawyers’ visits to their clients in both
temporary detention and pretrial detention facilities continue to be subject to permission by
either the investigator or the judge. It was reported that contracted lawyers are typically
prevented from visiting clients held in a pretrial detention facility of the State Committee
for National Security. In addition, judges approve or reject the prosecutor’s petition to
remand the person in custody only after expiration of his or her temporary arrest for up to
72 hours. Moreover, they do not review whether the person was subjected to human rights
violations during and immediately after his or her apprehension and temporary arrest,
whether a person has been forcibly disappeared and whether he or she was tortured or
otherwise ill-treated.
48.
According to several sources, there is also a practice of eluding procedural
guarantees through employment of administrative apprehensions, which are temporary
restrictions of liberty for certain procedural purposes, and administrative arrests – a form of
penalty for misdemeanours, which may follow administrative apprehensions. The Code of
Procedure on Administrative Offences provides for certain procedural safeguards – a report
should, for example, be drawn up and a detained person’s relative and a lawyer should be
notified about the place where the apprehended person is located. As a rule, administrative
apprehension cannot exceed three hours, but in exceptional cases, if a person does not have
a permanent place of residence and with the court’s approval, the period may be extended
for up to 10 days. Apprehended individuals may spend that time anywhere from police
stations to national security offices, anti-corruption agencies, customs authorities, forestry
and hunting authorities, among others, and without notification, as national legislation does
not specify the time period within which relatives and lawyers should be notified of the
person’s whereabouts.
49.
In addition, unlike in criminal procedure, there is no requirement to record and count
the time between actual restriction of liberty and the time of bringing the apprehended
person to one of the above-mentioned agencies. That practice may amount to short-term
enforced disappearances during which, reportedly, abuses are widespread. It is during those
times that apprehended individuals are threatened and ill-treated, or even tortured, in order
to obtain confessions and otherwise to build a criminal case. Those abuses often continue
after an apprehended person is penalized for misdemeanour and serves administrative arrest
for up to 15 days. There are reported instances of individuals being called to appear before
the authorities as witnesses and subjected to abuse for that same purpose.
50.
The Working Group received reports of isolation cells being used in detention
facilities where detainees are held incommunicado. Allegedly, in some cases, they are held
for prolonged periods ranging from six months to three years without their families being
officially notified; they receive information on the whereabouts of their detained relatives
only through unofficial sources. That is a reflection of the inadequate system of registration
and notification in places of deprivation of liberty (see paras. 26–29 above). The Working
Group visited two disciplinary cells in a detention facility and was disturbed by the
inhumane conditions of detention. The cell consisted of a small room with no natural light,
and the authorities indicated that individuals could be held in it for up to 15 days.
51.
The Working Group was informed that there is limited monitoring and investigation
of complaints related to torture and ill-treatment, falsification of arrest protocols or
unlawful arrest. The International Committee of the Red Cross does not have access to
places of detention in Tajikistan. The Working Group notes positively the establishment of
a joint non-governmental organization and Office of the Ombudsman monitoring group
which reportedly, since February 2014, has been conducting up to 16 visits a year to closed
and semi-closed detention facilities. While the existence of the joint monitoring group is
welcome, it apparently does not have access to some facilities, particularly the temporary
detention facility of the State National Security Committee. The Working Group’s request
to visit that facility located in the capital city was not granted. The Working Group
understands that the monitoring group is also unable to carry out special visits following
specific complaints. The Working Group notes the information received from the
Government that no complaints related to enforced disappearance have been made in the
past five years. However, the Working Group highlights the fact that that may be linked to
the lack of an autonomous crime of enforced disappearance in the State’s legislation, to
underreporting, to a lack of awareness of the fact that non-compliance with procedural
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents