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Civil Society Coalition Against Torture

and Impunity in Tajikistan

Legal Assistance Unit

Dushanbe, 2024
Legal Assistance Unit (LAU)

It is established in accordance with rules and


principles of participation in the Coalition, in order
to:
• facilitate the creation of a system for efficient
response to torture claims
• provide for the safety of torture victims and
eye-witnesses
• establish independent torture investigation
mechanisms in Tajikistan
Composition of Legal Assistance Unit

• PO “Hukuki dastras”;
• PO “Human Rights Center”; •
• PO “Civil Liberties Office”; •
• PO “World of Law”;
• PF “Nota Bene”;
• PF “Legal Initiative”;
• Partners of the Coalition (A. Tursunov, U. Niyazov)

Standing Body – Secretariat of LAU comprising a coordinator,


two torture case filing specialists for Dushanbe City and RRS,
Khatlon (covering cases for GBAO), and Soghd Regions.
Primary Objectives
• Define the degree of incidence of torture and cruel treatment;

• Define procedures and facility for torture case filing, provide legal
assistance to torture victims and/or their relatives, initiate and conduct
legal proceedings of strategic nature;

• Coordinate activity for provision of legal assistance to torture victims and/or their
relatives;

• Develop rules and terms of cooperation with practicing lawyers to provide


legal assistance to torture victims and/or their relatives;

• Coordinate the work with state authorities to promote the creation of


efficient response and torture investigation mechanisms. .
Work Methodology

◦ regular working meetings with lawyers for torture cases detected by


them during their practice of law;
◦ receive torture and cruel treatment claims from citizens;
◦ file torture cases;
◦ provide legal assistance to torture victims;
◦ take measures to provide for the safety of torture victims and their
relatives;
◦ coordinate the work with other Coalition’s units for torture and cruel
treatment claims lodged to the Coalition;
◦ monitor selected legal proceedings concerning torture claims;
◦ share experience and best practices on protection of torture victims.
Procedures and Mechanisms for
Provision of Legal Assistance

• Legal assistance is provided through counseling, legal (expert)


case management and representation in state authorities and courts.

• Ground for legal case management and representation in


state authorities is a standard written application of potential
torture victim and/or victim’s relatives filed to the organization’s
lawyer – member of LAU. Applicant should sign an application
voluntarily, without outside interference.
Torture Message Validity Check
• Torture evidence filing;
• Personality identification of eye-witnesses, their interviewing, in case of
obtaining consent for provision of information;
• Obtaining of medical documents and holding meetings with physicians
upon request of torture victims or relatives themselves (if a victim is not
alive);
• Familiarization with materials of official investigation, if at that stage it
• seems to be possible;
• Reception of other evidence;
• Provision of torture victim’s photo with the consent of an applicant;
• Drawing up a validation report
Provision of Legal
Assistance

Provision of Rehabilitation
Assistance

Assessment of Psychological
and Physical Implications
(ME, FME, PT, PEC)
Fee-for-Service Fund for Provision of Legal
Assistance

 Payment for services of lawyer who provides legal assistance to potential


torture victims and/or their relatives;
 Transport and daily allowances, when outreach lawyer’s services are needed
to protect torture victims;
 Expenses related to provision of medical care to torture victims or eye-
witnesses: purchase of drugs/medications, payment for emergency operations,
provision of psychological aid to/rehabilitation of torture victims;
 Expenses for attraction of specialists to carry out expert examination, with damage
assessment;
 Expenses to pay for other interventions aimed at provision of protection to
torture victims and/or their relatives, lawyers and eye-witnesses (temporary
apartment lease, meal options, transport costs for temporary residence,
purchase of SIM- card, Internet, etc.).
Appeal of the victim
of torture and/or Report to the SP Group to develop a 1. Expert advice from a lawyer in obtaining
relatives to the State strategy for timely recording of copies of the Examination Protocol and the
Psychiatric Examination Report from a
Police with physical and psychological medical institution;
subsequent consequences of torture. 2. When raising a question to the doctor who
documentation performed the medical examination,
software
3. Analysis of the results of the MO and
software to develop recommendations for a
lawyer for the purpose of re-conducting the
MO and software or forensic examination.
4. Providing examination and examination
Medical examination - from the results to the Rehabilitation Group.
information moment of actual detention until the
exchange preparation of a detention report.
Psychiatric examination - (alleged
victims of torture at the investigation 1. Developing a strategy for fixation psychologist. and
stage, or if the victim is at large) physical consequences of torture, experts of the
Working Group on SP together with the head of the
State Prosecutor General’s Office and a lawyer;
2. Consultation with a lawyer in posing questions to a
forensic expert or other members of the
commission (doctors of various specialties) during
the preparation of petitions for the appointment of a
comprehensive examination (forensic, psychiatric
and psychological examination) to assess the
physical. and psychologist. consequences (post-
traumatic stress);
Conducting forensic, psychiatric and 3. Conducting an analysis of the conclusions of the
psychological examinations medical examiner, psychiatric/psychological
examination and developing recommendations for
repeated examinations, or requests for additional
examinations. honey. research.
Round-the-clock operating hot-line
telephones:
For Khatlon Region – 98 787 66 66
For Soghd Region – 98 787 33 33

For RRS and City of Dushanbe – 98 708 76 76

The Coalition’s web-site: www.notorturetj.org


E-mail: notorture.tj@gmail.com
Structure of the Honorary Fund for providing legal and
other assistance to alleged victims of torture and/or their
relatives

projects of Coalition member organizations projects of the Coalition placed on the


placed on the accounts of Coalition member accounts of member organizations of the
organizations. Coalition.

The decision is made by the The decision is made collectively - by the


organization independently State Financial Commission Distribution
Commission

Composition of the Commission:


Consists of the leaders of the Coalition groups.
International Mechanisms

Composing messages under the UN Special

Procedures

Composing messages to the UN Human


Rights Committee

Materializing considerations of the UN


Human Rights Committee at national level

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