When citizens publicly allege torture and coercion into giving false testimonies, what should be the response of law enforcement authorities?  This issue is critical and timely.

So what happened?

Previously, Asia-Plus reported that Konibodom police officers detained the brother of a murdered man on suspicion of killing a married couple. The detainee's relatives claim that the authorities did not conduct a thorough investigation and unjustly accused him.

Twenty-one days after the murder, Sharifjon Ashurov, the brother of Muzaffar Urmonov, was arrested and is currently held in a pretrial detention center in Khujand.  

On June 12, Sharifjon Ashurov's wife, Dilorom, told Asia-Plus that she, her daughter, and Sharifjon's sister were tortured at the Konibodom police station to force her husband to confess to the murder.

"I saw my husband with signs of beating in the police station.  We were also tortured.  After that, at my husband's request, I signed several documents, but I do not know what was written on them," said Dilorom Ashurova.

Public allegations of torture: required response

Asia-Plus attempted to get comments from responsible police officers in Konibodom, but all efforts were in vain.  The police departments in Konibodom, Sughd province, and the Ministry of Internal Affairs are ignoring the issue.

Expert opinion

Due to the silence of the authorities, Asia-Plus sought the opinion of Doctor of Sciences in Law, Mr. Shokirjon Hakimov, to understand how the authorities should respond to public allegations of torture according to the law.  Mr. Hakimov explained that in case of public allegations of torture, Tajik authorities are obliged to act according to national legislation and international legal acts recognized by the country.  This ensures a fair and transparent examination of the situation, protection of human rights, and the delivery of justice.  Therefore, law enforcement agencies must respond to the public statement and initiate investigative work.

Immediate response by supervisory bodies

First and foremost, the prosecutor's office and higher internal affairs bodies must immediately respond to the allegations.  The Human Rights Commissioner should also be involved to ensure the independence and objectivity of the investigation.  A prompt response to allegations demonstrates the authorities' willingness to fairly address and prevent further violations, explains Hakimov.

Appointment of an independent investigation

To conduct a thorough investigation, it is necessary to involve independent and competent specialists, which may include officers from internal security or the prosecutor's office.  Their task is to determine whether illegal methods and violence were used against the accused.  The independence of the investigation guarantees objectivity and fairness in establishing facts.

Interaction with the suspect’s relatives

Special attention should be paid to working with the relatives of the accused who publicly claimed torture.  All provided information must be carefully collected and verified.  Relatives often possess crucial information that can help establish the truth, making their participation in the investigation vital.

Assessment of evidence and legal review

If relatives retract their statements or cannot provide evidence, competent authorities must check for defamation.  Investigative bodies must ensure that no violence or coercion to give confessions is used.  Their work should be based solely on factual evidence and adherence to legal procedures.

Fair judicial proceedings

Procedural actions should be carried out in accordance with the principles of the rule of law.  The case must be objectively and impartially considered by the court at all stages, ensuring the presumption of innocence until proven guilty by a final judgment.

Disciplinary measures and punishment for offenders

If torture is proven, the guilty officers should be immediately removed from their duties.  Cases of abuse of power and harm to health should lead to criminal prosecution.  Offenders may be dismissed from law enforcement agencies, according to Shokirjon Hakimov.

Article 143, paragraph 1 of Tajikistan’s Criminal Code specifies that intentional infliction of physical or mental suffering by an investigative officer or other official, with the aim of obtaining information or confessions, punishing for actions, intimidating, or coercing, is punishable by five to eight years in prison with disqualification from holding certain positions or engaging in certain activities for up to five years.

This is a crucial step to ensure justice and prevent the recurrence of such violations.