On 26 June, the
International Day in Support of Victims of Torture, the Coalitions against
Torture in Kazakhstan, Kyrgyzstan and Tajikistan as well as the Association for
Human Rights in Central Asia, the Turkmen Initiative for Human Rights and
International Partnership for Human Rights are calling on the authorities of
all five Central Asian countries to prevent torture, punish the perpetrators
and provide reparation including compensation to the victims.
The authorities of the Central Asian countries have taken some steps
in the right direction in recent years and pledged to take further positive
measures. For example, Kazakhstan and Tajikistan improved legislation on
safeguards against torture in detention and in February 2017 the Prosecutor
General's Office of Kazakhstan presented its strategy entitled “Towards a
Society without Torture" and a plan of comprehensive measures including independent
investigation of all cases of torture. In Kyrgyzstan
the Coordinating Council for Human Rights under the Government developed a
draft Action Plan for the implementation of the principles of the Istanbul
Protocol for 2017-2020, which aims to improve investigation into alleged cases
of torture and ill-treatment. In Turkmenistan,
positive legislative steps include the criminalization of torture and
provisions for independent medical examinations of prisoners. In
Uzbekistan President Shavkat
Mirziyoyev signed the law “on the Ministry of Internal Affairs“forbidding law
enforcement officials to use torture or ill-treatment, as well as legislation
to introduce video and audio recording of interrogations of criminal suspects
by 2018.
Some of these positive changes have yet to be implemented in practice and
other major challenges remain. Torture and ill-treatment continue to constitute
a serious problem in Central Asia. In 2016 the NGO Coalitions against Torture
registered 163 new cases of torture or ill-treatment in Kazakhstan, 112 new
cases in Kyrgyzstan, and 57 cases in Tajikistan. It is believed that these figures only
reflect the tip of the iceberg since many victims of torture and their
relatives refrain from lodging complaints for fear of reprisals or because they
have lost hope of attaining justice. Given the closed nature of the
countries of Turkmenistan and Uzbekistan it is difficult to establish estimates
of incidents of torture and ill-treatment. However, independent sources from Turkmenistan report that the practice
of torture and ill-treatment remains widespread and results from a survey by
the Turkmen International Lawyers’ Association indicate that 90 percent of
people detained by law enforcement bodies are subjected to psychological or
physical pressure. In Uzbekistan the practice of torture
continues to be routinely used, as evidenced by the numerous statements of
victims and former prisoners received by AHRCA over the past year.
In all five countries investigations into torture and ill-treatment are
rarely conducted effectively and none of them has set up an independent body to
investigate complaints. Tajikistan
has awarded compensation to victims in five cases, which is a positive step,
but the amounts awarded have been neither fair nor adequate. Kazakhstani law enforcement and prison
officials attempt to obstruct the registration of torture complaints by warning
victims that they will be held criminally responsible if they provide false
information. In Kyrgyzstan,
officials of the Prosecutor General’s office have stated their intent to
initiate criminal proceedings against victims of torture who withdraw their complaints
or refuse to press charges against alleged perpetrators. In Turkmenistan, the Ministry of Internal Affairs does not register cases of
torture or ill-treatment and according to their information centre there are no
recorded cases of criminal prosecutions for torture (article 182). In Uzbekistan,
sources report that torture is used by National Security service officials to
force detainees, especially those who have been forcibly returned or extradited
to Uzbekistan from abroad, to confess to anti-constitutional crimes.
In order to draw attention to the plight of torture
victims the Coalitions against Torture in Kazakhstan, Kyrgyzstan and Tajikistan
are conducting public campaigns to mark 26 June. For example:
- In Kazakhstan the Coalition against Torture has published a series of individual cases of victims of torture; produced a short video about the history of the fight against torture in Kazakhstan from the ratification of the Convention against Torture in 1998; and a video appeal from Kazakhstani lawyers highlighting the eight main recommendations from the United Nations to the authorities of Kazakhstan on torture.
- In Tajikistan the NGO Coalition against Torture has organized a campaign entitled "I am against torture, today, tomorrow, always!", in June. As part of the campaign, photo stories of victims of torture and ill-treatment are highlighted on the Coalition website; journalistic awards have been given for contributions aimed at countering torture; public awareness campaigns include screening quotes by President Emomali Rahmon in which he condemns torture on outdoor screens in Dushanbe; the work of different human rights defenders is highlighted through social media; and photo exhibitions illustrating cases of victims of torture and ill-treatment will be held on 28 June in the cities of Khorog and Vakhdat.
- In Kyrgyzstan the NGO Coalition against Torture’s campaign includes television discussions with leading experts; a poster exhibition featuring stories of victims of torture and their families; a football tournament which was held in Bishkek on June 24 with participants including representatives of state structures, the human rights Ombudsman’s office, lawyers, the NGO Coalition against torture, journalists, Kyrgyzstani pop stars etc. The goal of the tournament was to demonstrate the joint determination to combat the harmful practice of torture in Kyrgyzstan.
Unfortunately, due to the closed nature of the
government in Turkmenistan and Uzbekistan and the ongoing repression of civil
society there, it is impossible for civil society to organize public campaigns
on human rights issues.
