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Series of trainings for judges, prosecutors, and law enforcement in standards of the Istanbul Protocol

16-08-2019, 13:26
Автор: administrator
The Republic of Tajikistan (RT) is a member of two international agreements - the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT).The given agreements obligate the government to accept effective legislative, administrative, judicial and other measures of prevention of torture and other cruel, inhuman or degrading treatment and punishment, guarantee of freedom from unlawful arrests and detainment, and respect of right for a fair trial.

The Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) is called to be used to set an international standard for assessment of victims' condition, who allegedly went through torture and cruel treatment; one of the most important steps of investigation of torture cases and provision of results of the investigation for the judicial or any other body of investigation, is the provision of forensic medical expertise (examination).

The Istanbul Protocol (IP), is primarily addressed to people working in health care systems (doctors of various profiles, places of limited freedom), who conduct medical inspection of victims, medical expertise or participate in the investigation of torture case, and those who are authorized to give assessment of their actions.

Lawyers, judges and investigators of a given torture case must also understand the full importance of doctor's role in assessing physical and psychological consequences of torture, in accordance with the principles of the Istanbul Protocol.

At the same time, forensic medical expertise of torture victims (and other cruel treatment), is often assigned and conducted too far in the future from the time of events. This leads to not enough bodily signs of torture still being identifiable during the time of inspection; thus, the forensic medical expertise cannot fully determine the cause and recentness of bodily injuries to an accurate enough degree.

According to the national provision of RT, a medical inspection of an individual is conducted at the time of detainment and/or placement into spaces that restrict their freedom, which for the most part is performed by doctors of various specialties, although the principles of conducting this type of medical inspection is not clarified in the provision. Medical expertise it was not sign on time, which results in evidence of injuries being inadequate. On July 2019, the Rule of Law Unit of OSCE Tajikistan, jointly with the PMD Police Assistance Unit will cooperate with the NGO Centre for Human Rights to support a series of trainings for judges, prosecutors, and law enforcement in standards of the Istanbul Protocol.

Training Participants:

- Judges and prosecutors (42 prosecutors, 30 judges (including 2 women), 2 instructors from the Judicial Training Centre under the Supreme Court),
- Employees of State Committee for National Security of Tajikistan, Ministry of Internal Affairs, Corruption, AKN (Drug Control Agency) (45 participants (including 2 women)).

Trainers: Parvina Navruzova coordinate activities of implementation standards of Istanbul Protocol in Tajikistan; dr. Mariam Jishkariani The Rehabilitation Centre for

Victims of Torture “EMPATHY” (RCT/EMPATHY, Georgia); Medical Director, World Psychiatric Association Section “Torture Psychological Consequences and Persecution”.

Region of coverage: Dushanbe, RRP, Khatlon and Sogd regions.

The aim of the training: Improving the level of awareness of judges and prosecutors, as well as employees of law enforcement bodies in terms of principles of effective and factual investigation and record documentation of torture and other cruel, inhuman or degrading treatment or punishment, in line with the standards of the Istanbul Protocol.

Objectives of the Training Program: To implement Initial training – workshop for Judges and Prosecutors, as well as other law enforcement agencies: focused on following main topics:

• Torture, International and National standards
• The Istanbul Protocol, Medical and Legal Values
• Physical and Mental/Psychological Consequences of Torture
• Principles of Documentation and Reporting according to the Istanbul Protocol
• Use of Forensic Evidences in Investigation of Cases of Torture
• The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)
• National Medical standards.

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