CAT/C/UZB/CO/4
Evidence obtained through torture
16.
The Committee is concerned about numerous allegations that persons deprived of
their liberty were subjected to torture or ill-treatment for the purpose of compelling a forced
confession and that such confessions were subsequently admitted as evidence in court in the
absence of a thorough investigation into the torture allegations. The Committee is further
concerned at the failure of the State party to provide the Committee with information on
cases in which judges have deemed confessions inadmissible on the grounds that they were
obtained through torture, or with data on the number of cases in which judges have sought
investigations into allegations made by defendants that they confessed to a crime as a result
of torture (art. 15).
The State party should ensure that any statement which is established to have been
made as a result of torture shall not be invoked as evidence in any proceedings, except
against a person accused of torture as evidence that the statement was made, by:
(a)
Including the prohibition explicitly in all relevant articles of the criminal
procedure code;
(b)
Ensuring that judges ask all defendants in criminal cases whether or not
they were tortured or ill-treated in custody and order independent medical
examinations whenever necessary;
(c)
Ensuring in law that judges are mandated to order an investigation
when provided with prima facie evidence of torture during habeas corpus hearings;
(d)
Providing the Committee with information on any cases in which
confessions were deemed inadmissible on the grounds that they were obtained
through torture and indicating whether any officials have been prosecuted and
punished for extracting such confessions.
Independent complaints mechanism
17.
Notwithstanding the efforts of the State party to investigate complaints of torture,
such as through instruction 334 of the Ministry of Internal Affairs, special staff inspection
units and the Parliamentary Ombudsperson, the Committee is concerned that, according to
numerous reports, these bodies have not been effective in combating torture and lack
independence (art. 13).
The State party should ensure in law and in practice that every person has the right to
complain of torture or ill-treatment to an effective and fully independent mechanism
that will investigate and respond promptly and should ensure that the Parliamentary
Ombudsperson is fully independent.
Independent monitoring of places of detention
18.
While noting the affirmation of the State party that all places of detention are
monitored by independent national and international organizations and that they would
welcome further inspections, the Committee remains concerned at information it has
received indicating the virtual absence of independent and regular monitoring of the places
of detention. The Committee is further concerned at the information it has received about
measures taken by the State party that have impeded the work of numerous independent
human rights organizations which previously operated in the State party. The Committee is
alarmed by the announcement in April 2013 by the International Committee of the Red
Cross that it was ceasing its visits to places of detention in the State party on the grounds
that it had been unable to follow its working procedures, rendering such visits “pointless”
(arts. 2, 11, 12 and 13).
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