CAT/C/UZB/CO/5
serious conflicts of interest inherent to the procuratorial system persist, incentivizing
procurators to unjustifiably discontinue preliminary investigations.
12.
The Committee also regrets that the State party did not provide requested
information on its investigations into allegations of torture and ill-treatment perpetrated
during the period under review, including information on: claims that Bobomurod
Razzakov was subjected to ill-treatment and denied medical care in detention in October
2016; the alleged ill-treatment and death in custody of Nuraddin Dzhumaniyazov in
December 2016; the alleged torture and ill-treatment of Kadyr Yusupov, beginning in
December 2018; and claims that Said-Abdulaziz Yusupov was arbitrarily detained and
subjected to torture. The State party did not indicate whether authorities conducted a full
investigation into allegations that Bobomurod Abdullaev was tortured in September 2017 or
whether officials relied only on the results of a forensic medical evaluation in dismissing
his allegations. The Committee regrets that the State party did not provide information
requested concerning the court-ordered forensic medical examinations of allegations raised
in court by Rashitjon Hamidovich Kadirov, the former Prosecutor-General of Uzbekistan;
six co-defendants; and seven witnesses (arts. 2, 4, 12, 13, 15 and 16).
13.
The State party should:
(a)
Take additional measures to ensure that all allegations of torture and illtreatment are promptly, impartially and effectively investigated by authorities
independent of the alleged perpetrators, and consider establishing a special division of
the Office of the Procurator tasked solely with carrying out thorough and independent
investigations into official misconduct, including allegations of torture and illtreatment;
(b)
Ensure that all officials credibly accused of torture or ill-treatment are
suspended from duty pending the investigation of the allegations against them, that all
officials found to have engaged in torture or ill-treatment are immediately terminated
from government service, and that all such individuals are subject to criminal
prosecution in addition to any disciplinary penalties, and provide the Committee with
information on the penalties applied to all officials found to have committed torture or
ill-treatment;
(c)
Investigate allegations that procurators routinely fail to investigate
complaints of torture and ill-treatment, discipline officials found to have ignored or
inadequately investigated such complaints and take remedial measures; in particular,
re-examine the allegations of torture and ill-treatment made by Bobomurod Razzakov,
Nuraddin Dzhumaniyazov, Said-Abdulaziz Yusupov, Bobomurod Abdullaev, Kadyr
Yusupov and Rashitjon Hamidovich Kadirov, and ensure that victims and their
relatives obtain redress, including compensation and rehabilitation.
Sexual violence against individuals deprived of their liberty
14.
The Committee is seriously concerned at the State party’s assertion, in response to
questions about specific cases raised by the Committee, that none of its authorities have
identified any cases of violence against persons in detention facilities, that no women in
detention have been subjected to any misconduct during the reporting period, and that the
ombudsman has not received any complaints of sexual violence from persons deprived of
their liberty. This is inconsistent with numerous reports the Committee has received of
cases in which men and women in detention or their family members were threatened by
public officials, specifically that they would be subjected to sexual violence if they refused
to confess to crimes or to provide evidence against others. The Committee has also received
reports of other cases in which women were subjected to sexual humiliation and threats of
sexual violence by public officials while in their custody (arts. 2 and 11–16).
15.
The State party should undertake an independent investigation into allegations
that officials routinely subject men and women deprived of their liberty to sexual
violence or to threats that such violence will be committed against them or members
of their families if they refuse to confess to crimes or to implicate others. The State
party should take urgent measures to curb this practice and ensure that officials who
engage in such conduct are prosecuted and punished under article 235 of the criminal
code. The State party should ensure that effective complaints mechanisms are
accessible to individuals alleging such violence, particularly to women deprived of
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