TURKMENISTAN HAS LONG WAY TO GO IN ENSURING HUMAN RIGHTS, SAYS UN OFFICIAL

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From: UNNews <UNNews@un.org>
Date: 28 May 2013 16:00:00 -0400
Subject: TURKMENISTAN HAS LONG WAY TO GO IN ENSURING HUMAN RIGHTS,
SAYS UN OFFICIAL
To: news11@ny-mail-p-lb-028.ptc.un.org

TURKMENISTAN HAS LONG WAY TO GO IN ENSURING HUMAN RIGHTS, SAYS UN
OFFICIALNew York, May 28 2013 4:00PMDespite some progress,
Turkmenistan still has a long way to go in promoting human rights,
says a senior United Nations official, who cited the need to address
issues such as judicial independence, discrimination and the plight of
vulnerable groups.

"Respect for human rights and the rule of law are essential to
transform the effects of economic development into social change
leading to a democratic society, lasting peace and security and the
well-being of all who live in Turkmenistan," Assistant
Secretary-General for Human Rights Ivan Šimonovic said in a
<"http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13361&LangID=E">statement
at the end of his two-day visit to the Central Asian nation.

"Some significant laws have been adopted or amended. However, a lot
more work is needed to complete this process and to ensure practice is
in line with international standards."

He noted, for example, that criminal legislation was amended, defining
the crime of torture and exclusion of evidence obtained through
torture. However, there have been no cases of application of the
exclusion provision in court proceedings, nor have there been any
criminal prosecutions for torture.

Also, the Prosecutor General's Office is in charge of monitoring all
places of deprivation of liberty. "However, I was informed that it has
not received any cases alleging torture from detainees or their
lawyers, nor has it initiated an investigation of possible cases ex
officio.

"This illustrates the need for independent monitoring of detention
facilities in line with the Optional Protocol to the Convention
against Torture," he stated.

Mr. Šimonovic, who visited the country from 24 to 25 May, also noted
that his discussions with the Ministry of Justice, the Supreme Court
and the Prosecutor General's Office led him to conclude that "there is
no independence of the judiciary" and that court proceedings are still
subject to an oversight of legality by the Office of the Prosecutor
General.

"Without the appointment and promotion of judges in accordance with
the internationally recognized principles of merit and separation of
power, there will be no guarantees of their impartiality and
independence," he stated.

Among the issues he raised in his meetings was the representation and
participation of women in public life, in particular in law
enforcement bodies. "I understand that there are a few women police
officers but no female prosecutors at all," he said. "Empowerment of
women and their inclusion in the justice system is a prerequisite for
fighting discrimination and domestic violence."

He also discussed human trafficking, juvenile justice, health,
HIV/AIDS, education, human rights and counter-terrorism, enforced
disappearances, as well as the situation of vulnerable groups such as
persons with disabilities, refugees, asylum-seekers and stateless
persons.

Regarding pending requests for visits by several independent human
rights experts appointed by the UN Human Rights Council, Mr. Šimonovic
emphasized the importance of granting their requests, especially for
the Special Rapporteur on Torture, who has already been received by
Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan.

He also highlighted in his meetings that independent civil society is
"indispensible" for democratic state-building, through ensuring
effective enjoyment of the freedoms of expression, association,
peaceful assembly, religion or belief.

"I hope that the recently adopted laws on political parties and the
mass media may be steps in the right direction that will lead to a
widening of the democratic space," he said, adding that the UN human
rights office (OHCHR) is willing to support and cooperate with the
Government if it decides to move in this direction.

The next stop on Mr. Šimonovic's visit to Central Asia, which has
already taken him to Kyrgyzstan and Tajikistan, is Uzbekistan.May 28
2013 4:00PM
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