DEPUTY HIGH COMMISSIONER FOR HUMAN RIGHTS ENDS VISIT TO CENTRAL ASIA WITH STOP IN TURKMENISTAN

17 March 2003



Deputy United Nations High Commissioner for Human Rights Bertrand Ramcharan visited Turkmenistan from 13 to 15 March 2003, concluding an official trip to countries in Central Asia to enhance dialogue and technical cooperation between the governments of the region and the Office of the High Commissioner for Human Rights. The trip was also in follow-up to the Secretary-General’s visit to the region in October 2002.

The Deputy High Commissioner met with the Deputy Prime Minister and Minister of Foreign Affairs, the Minister of Education, the Chairman and Deputy Chairman of the Parliament, and with representatives of the Institute for Democracy and Human Rights.

Mr. Ramcharan also met with the United Nations Resident Coordinator, Khaled Philby, and had fruitful discussions with representatives of the UN country team. He further held informative meetings with representatives of the Organization for Security and Cooperation in Europe (OSCE), representatives of the diplomatic community in Tashkent, and representatives of local non-governmental organizations.

The Deputy High Commissioner discussed with government leaders of Turkmenistan the submission of overdue reports under international human rights conventions. He noted that Turkmenistan had submitted none of the reports due under the conventions it had ratified. The Committee on the Elimination of Racial Discrimination (CERD) had considered the situation in the country without a report and had recommended that the Government avail itself of technical assistance from the Office of the High Commissioner for Human Rights (OHCHR). His interlocutors said that these matters would be studied.

The Deputy High Commissioner visited the Institute for Democracy and Human Rights, headed by the Deputy Prime Minister/Foreign Minister, and discussed possible areas of cooperation with the leadership of the Institute. They mentioned the idea of an orientation programme on human rights for local government representatives elected in forthcoming elections. It was agreed that further contacts would take place involving the Resident Coordinator, the Ministry for Foreign Affairs and OHCHR.

The Deputy High Commissioner visited the Chairman of the Supreme Court and the idea of a conference for senior judges on international human rights law was discussed. Further contacts will take place on this idea also.

The Deputy High Commissioner explored the idea of stationing a human rights expert in the United Nations office to work on human rights projects, including human rights education. This idea would be examined further.

The Deputy High Commissioner had received a number of written submissions from international organizations and international non-governmental organizations about serious human rights violations said to be taking place in the country. He also met with local non-governmental leaders who told him about what they considered grave deficiencies in the rule of law, abuses by law enforcement officials, the absence of opposition parties, torture and other forms of cruel, inhuman and degrading treatment or punishment, and who voiced concerns relating to the right to education.

The Deputy High Commissioner raised the case of Farid Tuhbatullin in respect of whom he had received many letters, including from international non-governmental organizations. He called for full compliance with the principles of due process and fair trial and urged the authorities to reconsider this case with a view to the urgent release of Mr. Tuhbatullin.

The Deputy High Commissioner suggested that the Government invite the United Nations Special Rapporteur on the independence of judges and lawyers to visit the country in view of serious problems alleged in this area. The Deputy High Commissioner supported calls to review, either through appeal or through new trials with full respect of the rights of defence and with the presence of judicial observers, of the trials that had followed the 25 November coup, which had been challenged by human rights organizations on the grounds of lack of fairness.

The Deputy High Commissioner referred to recommendations tendered in good faith by respectable international sources, calling for strengthened guarantees inherent in the rule of law, for the creation of an independent Constitutional Court as the guardian of the primacy of international law over domestic law, for separation of powers and for review of the constitutionality of laws. He echoed appeals that the priority should be on a full guarantee of the independence of justice, in accordance with United Nations standards, as well as with the commitments under the Copenhagen Document of OSCE.

The Deputy High Commissioner also suggested that the Government consider extending an invitation to the Special Rapporteur on the Right to Education.

The Deputy High Commissioner also called for respect for United Nations and OSCE standards on the rights of minorities and urged that an invitation be extended to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance to visit the country. The Deputy High Commissioner further urged Government leaders to respond without delay to requests of the CERD.

In view of allegations of ill treatment of persons detained or imprisoned, the Deputy High Commissioner observed that a visit by the United Nations Special Rapporteur against Torture should be arranged as a matter of high priority and called upon Government leaders to extend an invitation to the Special Rapporteur to visit the country.

The Deputy High Commissioner was received with courtesy and hospitality during his visit. He made a number of suggestions for the further promotion and protection of human rights which the authorities said they would reflect upon. He hopes that the decision-makers would understand the need for cooperation with international human rights treaty bodies and for constructive dialogue with international organizations on human rights issues which are giving rise to widespread concern in the international community. He particularly supported the need for special rapporteurs of the Commission on Human Rights to be invited to examine serious allegations of gross violations of human rights in the country.

During his trip to Central Asia, Mr. Ramcharan visited, in addition to Turkmenistan, Tajikistan, Kyrgyzstan, Kazakhstan and Uzbekistan and Turkmenistan. He also made a brief stopover in Azerbaijan.



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