CAT/C/UZB/CO/4
The Committee urges the State party to establish a national system that
independently, effectively and regularly monitors and inspects all places of detention
without prior notice, reports publicly on its findings, and raises with the authorities
detention conditions or conduct in places of detention amounting to torture or illtreatment. The State party should amend its legislation, regulations and policies as
necessary to facilitate the reopening, granting of access to and full functioning of
independent national and international human rights and humanitarian organizations
in the State party. The State party should ensure that representatives of such
organizations are able to carry out independent, unannounced monitoring of all places
of deprivation of liberty, in accordance with their standard operating procedures.
Conditions of detention
19.
While the Committee appreciates the information from the State party regarding the
decrease in the number of prisoners in the correctional institutions of the State party, it is
concerned at the numerous reports of abuses in custody and deaths in detention, some of
which are alleged to have followed torture or ill-treatment. The Committee also remains
concerned regarding the conditions in the Jaslyk detention facility (arts. 2, 11 and 16).
The Committee reiterates its recommendation that the State party should improve
conditions of detention, including in the Jaslyk detention facility. The State party
should take prompt measures to ensure that all instances of death in custody are
promptly investigated and those responsible for any deaths resulting from torture, illtreatment or any other illegal actions are prosecuted.
Redress for victims of torture
20.
The Committee is concerned that, according to the information from the State party,
it has not awarded or provided any compensation to victims of torture in the reporting
period, despite provisions providing for the rights of victims to material and moral
rehabilitation in legislation. The Committee is further concerned at the lack of concrete
examples of cases in which individual victims of torture received medical or psychosocial
rehabilitation (art. 14).
The State party should ensure that victims of torture obtain redress and have an
enforceable right to fair and adequate compensation, including the means for as full a
rehabilitation as possible. The Committee draws the attention of the State party to its
general comment No. 3 (2012), which explains the content and scope of the obligations
of States parties to provide full redress to victims of torture and recommends
amending the domestic legislation accordingly.
Independence of the judiciary
21.
The Committee remains concerned that the judiciary remains weak, inefficient and
influenced by the executive, that judges lack security of tenure and that lower-level
appointments are made by the executive, which reappoints judges every five years (arts. 2,
12 and 13).
The State party should take measures to ensure the full independence and impartiality
of the judiciary in the performance of its functions and review the regime of
appointment, promotion and dismissal of judges in line with the relevant international
standards, including the Basic Principles on the Independence of the Judiciary
(endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of
13 December 1985).
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