CCPR/C/TKM/CO/1
the lack of an independent body to investigate abuse by law enforcement officers and to
conduct regular visits to prisons and other places of detention. The Committee also
expresses concern at the lack of a definition of torture in the State party’s legislation. The
Committee is further concerned that access to places of detention is denied to international
human rights monitors (art. 7).
The Committee recommends that the State party:
(a)
Revise its Criminal Code in order to incorporate a definition of torture
that is in line with the definition under the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment;
(b)
Take appropriate measures to put an end to torture by, inter alia,
establishing an independent oversight body to carry out independent inspections and
investigations in all places of detention of alleged misconduct by law enforcement
officials;
(c)
Ensure that law enforcement personnel continue to receive training on
the prevention of torture and ill-treatment by integrating the 1999 Manual on the
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the Istanbul Protocol) in all training
programmes for law enforcement officials. The State party should also ensure that
allegations of torture and ill-treatment are effectively investigated, and that
perpetrators are prosecuted and punished with appropriate sanctions, and that the
victims receive adequate reparation; and
(d)
Allow visits by recognized international humanitarian organizations to
all places of detention.
10.
The Committee is concerned at reports that a number of individuals who were
convicted in December 2002 and January 2003 for their alleged involvement in the
assassination attempt on the former President in November 2002 continue to be held
incommunicado (arts.7, 9 and 10).
The State party should take concrete measures to put an end to the practice of
incommunicado detention and imprisonment. The Committee urges the State party to
immediately make known the whereabouts of those convicted for allegedly attempting
to assassinate the former President and allow visits from members of their families
and access to their lawyers.
11.
While noting the adoption in December 2007 of a law to combat trafficking in
persons, the Committee regrets reports of cases of human trafficking in the State party (art.
8).
The State party should strengthen its efforts to combat trafficking in human
beings by ensuring that efforts are directed towards establishing and dealing with the
root causes of trafficking. In this regard, the State party should ensure that all cases of
human trafficking are effectively investigated, that perpetrators are prosecuted and
punished with appropriate sanctions, and that the victims’ human rights are fully
respected and vindicated.
12.
The Committee is concerned at reports that the State party restricts the exit and entry
into the State party by certain individuals who are on the list of individuals under State
surveillance. The Committee also regrets that the State party maintains the system of
mandatory registration at the place of residence which is a prerequisite for residence,
employment, acquisition of real estate and access to health services. The Committee is
concerned that this system may interfere with the enjoyment of rights under article 12 of the
Covenant (art. 12).
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