Tajikistan : CAT experts expressed concerns over the penitentiary system and the implementation of legal safeguards

The country rapporteurs were Ms. Ana Racu and Mr. Huawen Liu.

The Tajik delegation was led by Mr. Muzaffar Ashuriyon, Minister of Justice of Tajikistan.

Main issues discussed 

The Committee highlighted persistent challenges in the penitentiary system, including overcrowding, poor detention conditions, and the situation of girls incarcerated. It referred to reports of inadequate hygiene, sanitation, food provision, and concerns regarding ventilation and heating, particularly for life-sentenced prisoners. Experts also pointed to gaps in medical care, training, and the independence of medical personnel, especially in documenting injuries linked to possible torture. They regretted the lack of updated data on the number of deaths in custody and investigations into such cases. They further expressed concerns over reports of death allegedly linked to ill-treatment or inadequate care.

The Committee also examined oversight and complaints mechanisms, raising concerns about their effectiveness and independence. It questioned how investigations into torture and ill-treatment are conducted in practice and how impartiality is ensured. While noting the expansion of mandate and capacity of the Ombudsman, the Committee regretted the lack of information about measures to guarantee its independence as well as the absence of a fully independent National Preventive Mechanism despite ongoing discussions on OPCAT ratification. 

Experts were also concerned by the low complaint numbers on cases of violence and abuse against individuals based on their actual or perceived sexual orientation or gender identity due to fear of reprisals or lack of trust.

The Committee further expressed concerns about the inconsistent implementation of fundamental legal safeguards from the outset of detention, including obstacles to accessing a lawyer, inconsistent preservation of interrogation recordings, and the use of informal questioning, administrative detention, and “witness” status to obtain information without adequate safeguards. Concerns were also raised about the timeliness, quality, and independence of medical examinations upon arrest.

The CAT’s recommendations are available here.

Follow-up Recommendations:

The State party should provide information by the 1st May 2027 on the implementation of recommendations regarding: 

• The strengthening of complaint mechanisms and the investigation of cases of torture and ill-treatment;

• The improvement of conditions of detention and the contact with the outside world;

• The investigation in cases of deaths in custody;

• The ratification of the Optional Protocol to the Convention against Torture and the establishment of a National Preventive Mechanism. 

Watch here the video recordings (part one and part two), of the dialogue with the CAT.

Read our alternative report (here) to the CAT.