“The Ombudsman provided information on how it publicly addresses human rights violations, including forced labour, domestic violence, violation of women’s rights, harassment and reprisals against human rights defenders and perceived critics of government. The SCA sought clarification on third-party submissions alleging that the Ombudsman is unable to operate independently noting government intolerance to criticism, lack of pluralism, and lack of separation of powers which undermines its independence and effectiveness.

The SCA takes note of observations by the Human Rights Committee (CCPR/C/TKM/CO/3 (CCPR 2023) of ongoing human rights concerns in Turkmenistan such arbitrary detention, secret detentions, unfair trials, torture and enforced disappearances, violation of women’s rights in the name of safeguarding traditional values, domestic violence, and forced labour.

The Ombudsman reported that it addresses these issues through annual reports presented to Parliament and publicized via media and its website, and by organizing seminars and events on its own or with international partners. While these reports cover complaints on issues such as housing, labour rights, and healthcare, they fail to adequately address systemic and serious human rights violations documented by the Human Rights Committee and raised in third-party submissions.

The SCA provided the Ombudsman with an opportunity to provide information on its visit to places of deprivation of liberty and whether this has led to improvement of conditions of detention. The SCA refers to third-party information claiming that the Ombudsman does not highlight serious ongoing concerns over torture, ill-treatment, secret detention, denial of medical care and abuse of persons deprived of their liberty, as also raised by the Human Rights Committee in its concluding observations on Turkmenistan in 2023. The Ombudsman reported that it has made recommendations towards addressing hygienic conditions, access to health care for detainees and the work of supervisory commissions on places of detention. The SCA is of the view, that while these recommendations address certain aspects of detention conditions, they do not address the serious concerns raised by both third parties and treaty bodies such as torture, enforced disappearances, secret detentions, and the denial of medical care.

The SCA provided the Ombudsman with an opportunity to clarify how it ensures the accessibility of its complaint’s mechanism in view of third-party allegations claiming it is neither accessible nor responsive to appeals for investigations into human rights violations by victims and civil society.

While the SCA acknowledges the Ombudsman’s response that the publication of disaggregated data on complaints received and processed in its annual report reflects its accessibility to all segments of society, it remains concerned by the Ombudsman’s assertion that no written requests or appeals have been received from the third parties making these claims. The SCA is of the view that the response falls short in addressing the core concern of non-responsiveness raised by external stakeholders and raises doubt on the Ombudsman’s capacity to proactively engage with stakeholders unable to access its complaints procedures.

The SCA also takes note of the concerns of the Human Rights Committee in its concluding observations of 2023 regarding the limited capacity of the Ombudsman to consider individual complaints and the absence of legally prescribed means to ensure reparations for victims of human rights violations. The Committee also raised concern over the lack of information regarding participation of civil society representatives in ensuring independence and impartiality of the Ombudsman and potential complainants’ access to the Ombudsman.

The SCA is of the view that the information before it does not demonstrate that the institution has ensured its complaints mechanism is accessible or responsive to victims of violations or civil society organizations.

In view of the information before it, the SCA is of the view that the Ombudsman has not taken sufficient action, nor spoken out in a manner that promotes the protection for human rights in response to credible allegations of serious human rights violations committed by national authorities. Therefore, the SCA is of the view that the Ombudsman is acting in a way that falls short with full compliance with the Paris Principles.

NHRIs are required to promote and ensure respect for all human rights, democratic principles, and the strengthening of the rule of law in all circumstances, and without exception. NHRIs are expected to conduct themselves with a heightened level of vigilance and independence.

While taking note of the specific context in which the Ombudsman operates, the SCA recommends that the Ombudsman takes demonstrable actions to address its lack of responsiveness to allegations of human rights violations by government authorities. This includes issuing public statements that condemn human rights abuses, conducting independent investigations into such allegations, and engaging with relevant stakeholders to advocate for accountability.

The SCA also recommends that the Ombudsman ensures that its complaints mechanisms is accessible and responsive to diverse needs of individuals seeking redress to enhance public confidence and effectiveness in protecting human rights.

The SCA refers to Paris Principles A.1, A.2, and A.3 and its General Observation 1.2 on ‘Human rights mandate.”