A/HRC/55/47/Add.1 69. Many prisoners reportedly do not have access to lawyers or were pressured into pleading guilty, while most lawyers are unwilling to take up the cases of religious detainees because of the risks to the lawyer. Prisoners complain of unfair trials, in which officials who have violated the law or abused their power are not prosecuted or punished. This raises concerns regarding the judicial system, including the independence of judges and lawyers. 70. During her visit, the Special Rapporteur visited Vahdat Prison 3/1, known as the new colony.24 Prisoners who have been sent to that prison on political and religious charges are detained with those convicted on other charges. The prison is divided into 10 units composed of two parts, each for 50 prisoners. With a prison capacity of 1,500, it has 13 mosques. The shaving of beards and heads occurs on arrival in the prison and then on a weekly basis. As noted above (para. 67), prisoners are prohibited from praying anywhere except in the mosque and they are punished if they defy those internal prison rules and regulations, including by being sent to isolation or punishment cells for 10 to 15 days. The surveillance of religious practice extends from outside prison to inside. 71. According to the Human Rights Committee, persons already subject to certain legitimate constraints, such as prisoners, continue to enjoy their rights to manifest their religion or belief to the fullest extent compatible with the specific nature of the constraint. 25 According to the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), “so far as practicable, every prisoner shall be allowed to satisfy the needs of his or her religious life by attending the services provided in the prison and having in his or her possession the books of religious observance and instruction of his or her denomination” (rule 66). 72. Both the Human Rights Committee, in its concluding observations adopted in July 2019, and the Committee against Torture, in its concluding observations adopted in May 2018, called on Tajikistan to implement the Nelson Mandela Rules for all prisoners.26 Situation in Kŭhistoni Badakhshon Autonomous Province F. 73. The Pamiri minority of Tajikistan mainly resides in Kŭhistoni Badakhshon Autonomous Province, in the south-east of the country. Persons belonging to the Pamiri minority predominantly follow the Ismaili branch of Shia Islam and recognize their spiritual leader as the Aga Khan. Ismaili Muslims worship in centres that also host a wide range of educational and cultural events, in prayer houses or in private homes. They use several minority languages in addition to Tajik and have distinct traditions and practices, one being that women and men pray together in the mosque. 74. Prior to her visit, the Special Rapporteur received information from various sources concerning tensions in Kŭhistoni Badakhshon Autonomous Province, including the reported use of lethal and excessive force against protestors in the region in November 2021. That was followed by prolonged Internet shutdowns and subsequent violent attacks and threats against and alleged arbitrary detention and harassment of a large number of Pamiri persons. Reportedly, many peaceful protesters, journalists, bloggers, human rights defenders, religious leaders, entrepreneurs, community leaders, poets and diaspora activists abroad were arrested.27 The situation culminated with a special “anti-terrorism operation” in the region, particularly in the Rushon district in May 2022, which may have resulted in the killing of as many as 40 people.28 75. The Special Rapporteur also received reports that the Government had closed down all Ismaili prayer houses in the region and stopped the educational and cultural activities of 24 25 26 27 28 14 The new prison complex in Vahdat was opened recently, following a 2019 riot in the original prison in Vahdat, which resulted in the deaths of three guards and 29 inmates. General comment No. 22 (1993), para. 8. CCPR/C/TJK/CO/3, para. 34 (b), and CAT/C/TJK/CO/3, para. 34 (a). See https://www.ohchr.org/en/press-releases/2023/07/tajikistan-un-experts-deplore-criminalproceedings-against-human-rights. See https://www.ohchr.org/en/press-releases/2022/05/tajikistan-un-expert-fears-crackdown-againstpamiri-minority-could-spiral. GE.24-00093