In the context of the UPR, Amnesty International has made the following recommendations to Tajikistan

Torture and other ill-treatment: shortcomings of domestic law
  • To bring the definition of torture in domestic law in line with the definition under Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
  • To amend the Criminal Procedure Code to the effect that detention records have to record the identity of the officers involved in detaining a person, in line with Principle 12 of the Body of Principles on Detention or Imprisonment;
  • To amend the Criminal Procedure Code to the effect that any person shall, at the moment of arrest and at the commencement of detention or imprisonment, or promptly thereafter, be provided by the authority responsible for his arrest, detention or imprisonment, respectively with information on and an explanation of his rights and how to avail himself of such rights.

  • Freedom of expression:
  • To abolish laws criminalizing defamation and insult;
  • To ensure that no criminal charges are brought against journalists solely as a result of the lawful exercise of their right to freedom of expression;
  • To ensure that penalties in civil cases for tarnishing the reputation of public officials are not disproportionate and do not result in violations of the right to freedom of expression.

  • Torture, other ill-treatment and impunity:
  • To ensure that detainees in all cases have the right to a lawyer of choice and to unlimited and confidential access starting immediately after the arrest;
  • To ensure that judges ruling on authorizing pre-trial detention also inquire into the treatment of detainees while in custody, in line with Principle 37 of the Body of Principles on Detention or Imprisonment. If the inquiry, or the detainee’s own statement, gives reason to believe that torture or ill-treatment was committed, the judge should issue instructions that an effective investigation be carried out;
  • To ensure that suspects are examined by an independent doctor immediately after their detention and when they are admitted to a temporary detention facility;
  • To promptly open thorough, independent and impartial investigations into all allegations of torture or other ill-treatment and bring those responsible to justice;
  • To legislate to the effect that no statement or confession made by a person deprived of liberty, other than one made in the presence of a judge or a lawyer, should have a probative value in court, except as evidence against those who are accused of having obtained the confession by unlawful means;
  • To ratify the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;
  • To grant access to detention facilities to the International Committee of the Red Cross.

  • Violence against women:
  • To compile and publish accurate statistics disaggregated by sex, age, disability and ethnicity and indicating the family relationship between survivor and perpetrator on reports, investigations and prosecutions of violence against women across Tajikistan;
  • To treat violence against women as a criminal offence and prosecute it ex-officio so that the burden to initiate prosecutions in cases of domestic violence does not lie with the survivor;
  • To amend the Criminal Procedure Code to ensure that women’s complaints of violence by husbands or other intimate partners or family members are investigated promptly, impartially and thoroughly;
  • To draft, adopt and implement civil law establishing an accessible and effective system of protection and non-molestation orders;
  • To promptly allocate secure, long-term government funding, or actively seek donor funding, to set up appropriate shelters across the country in sufficient numbers, in collaboration with NGOs experienced in working to protect women from violence;
  • To raise public awareness across Tajikistan that gender-based violence is a human rights violation and a crime which will be effectively sanctioned, whether committed by a state agent or a private individual. Government officials should publicly condemn violence against women;
  • To enforce the instructions to mullahs to carry out religious marriages only after a certificate of civil marriage has been presented.

  • Death penalty:
  • To fully abolish the death penalty as a matter of urgency and ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights.


    Tajikistan: Amnesty International's submission to the UN Universal Periodic Review

    Other Amnesty International documents on Tajikistan