CAT/C/UZB/CO/5
grounds for initiating disciplinary proceedings against judges for violations of the rules of
ethical judicial conduct; and the discretionary power of the President to appoint the Deputy,
Secretary and seven members of the Supreme Judicial Council. The Committee appreciates
the information provided by the State party indicating that its courts handed down acquittals
of 191 persons in the first 10 months of 2017 as compared with only 7 acquittals during the
previous 5 years. It regrets, however, that the State party did not provide the requested
information indicating whether the individuals in these cases were released or whether they
were convicted and imprisoned on other charges (arts. 2, 12 and 13).
34.
The State party should:
(a)
Continue to take additional measures to ensure the full independence,
impartiality and effectiveness of the judiciary;
(b)
Reduce the broad supervisory functions and prominent role of
prosecutorial authorities in criminal proceedings;
(c)
Consider reducing current discretionary powers of the President
regarding appointments to the Supreme Judiciary Council;
(d)
Enhance the security of tenure for judges;
(e)
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;
(f)
Submit for judicial review the many reported cases of persons who are
allegedly arbitrarily imprisoned in the State party at present, following trials that did
not adhere to fundamental standards of due process, including the cases of religious
scholar Rukhiddin Fakhriddinov, author Akrom Malikov, political scientist Rustam
Abdumanopov and producer Mirsobir Khamidkoriyev.
Independence of lawyers
35.
The Committee reiterates its concern (CAT/C/UZB/CO/4, para. 14) about the lack of
independence of the Chamber of Advocates from the Ministry of Justice; the low number of
lawyers in the country and their unavailability in remote areas; the requirement for all
attorneys to undergo recertification every three years; interference with lawyer access to
accused individuals during pretrial detention; and the use of threats, harassment and
reprisals against lawyers defending political figures or persons accused of terrorist activities
(art. 2).
36.
The Committee recommends that the State party ensure the independence of
lawyers and amend its legislation to ensure full independence of the Chamber of
Advocates from the Ministry of Justice and that it consider amending the requirement
that lawyers obtain recertification to practice every three years. The Committee also
recommends that the State party allow accused persons to have full access to their
lawyers, in particular during pretrial detention, and enable them to meet in private
with their clients. The Committee further recommends that the State party ensure
that lawyers are able to carry out their professional activities without any intimidation,
harassment, improper interference or reprisals.
Conditions of detention and deaths in custody
37.
The Committee is seriously alarmed at continued reports that torture and illtreatment are frequently committed in prisons, by and with the consent and acquiescence of
prison officials, in some cases resulting in death. The Committee is concerned at reports
that prisoners are subjected to forced labour in certain prison colonies, such as the brick
factory in prison colony 64/4 in Navoi. The Committee is also concerned that, as a
punishment, prisoners in the State party are denied adequate health care and access to
medicines. It is also concerned that the State party failed to provide requested data on
violent incidents and deaths in custody and on any investigations undertaken.
38.
While noting reports of a significant decrease in the number of instances in which
authorities have arbitrarily extended the sentences of prisoners under article 221 of the
criminal code, which prohibits repeated violations of prison rules, the Committee is also
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