DUSHANBE, November 24, 2011, Asia-Plus  -- Tajikistan must more thoroughly fulfill its obligations on strengthening mechanisms of protection of human rights and ensuring supremacy of law and freedom of expression adopted within the frameworks of the Universal Periodic Review (UPR) procedure, the International Federation of Human Rights (FIDH) and its partners in Tajikistan – coalition of public associations for preparation of UPR report – noted.

In their statement, they, in particular, welcome adoption by Tajikistan of obligations on strengthening of mechanisms of protection of human rights.  At the same time, they point out some shortcomings regarding observance of human rights in Tajikistan.

“It is to be regretted that consideration of recommendations of the UN member nations on ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment, the Convention on Forced Disappearance of Persons, the Convention Relating to the Status of Apatrids, and the Optional Protocol to Convention on the Elimination of all Forms of Discrimination against Women has been postponed until spring 2012,” the statement says.

The human rights organizations note that Tajik parliament is currently considering the issue of making changes to the country’s Penal Code (adding separate article on torture to the Penal Code).  Tajik delegation, however, did not present full information about the character of changes making to the Penal Code.

The human rights organizations hope that the notion of torture in the Penal Code will fully meet the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and efficient mechanisms of investigation will be worked out.

They question objectivity of information in the national press that no violence is allegedly used against prison inmates in Tajikistan.  “It is necessary to carry out independent investigation in penitentiary institutions with participation of international observers, in particular the International Committee for Red Cross (ICRC),” the organizations noted.

International and Tajik human rights organizations also call on Tajikistan to strengthen measures on protection of rights Tajik nationals working abroad, ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, as well as take efficient measures to reform the judicial system and strengthen independence of judges through giving the Council of Justice a status of the independent body out of control of the executive power.

They also call on Tajikistan to exclude defamation from the criminal sphere.

We will recall that this year, Tajikistan underwent examination under the Universal Periodic Review (UPR) mechanism of the United Nations (UN) Human Rights Council (HRC) at the 12th session of the HRC’s Working Group on the UPR in Geneva on October 3.

The Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all 192 UN Member States once every four years.  The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfill their human rights obligations.  As one of the main features of the Council, the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed.

The objectives of the UPR are: the improvement of the human rights situation on the ground; the fulfillment of the State’s human rights obligations and commitments and assessment of positive developments and challenges faced by the State; the enhancement of the State’s capacity and of technical assistance, in consultation with, and with the consent of, the State concerned; the sharing of best practice among States and other stakeholders; support for cooperation in the promotion and protection of human rights; and the encouragement of full cooperation and engagement with the HRC, other human rights bodies and the Office of the UN High Commissioner for Human Rights (OHCHR).