UZBEKISTAN
At least 14 death sentences have been executed despite requests of the UN
Human Rights Committee to stay the executions. In July 2003, the Human Rights
Committee deplored the executions of six men that had been carried out despite
the intervention of the Human Rights Committee. The Human Rights Committee
reminded Uzbekistan that it amounts to a grave breach of the Optional Protocol to
execute an individual whose case is pending before the Committee, in particular
where a request for interim protection has been issued.147
Pardon or commutation
Death sentences can be commuted to 25 years' imprisonment.148 The cases
of all persons sentenced to death are automatically considered by the Clemency
Commission under the Office of the President regardless of whether the sentenced
person has submitted an appeal for clemency. Sentences are not executed until
a decision on clemency has been issued.
Relatives
Relatives are not informed in advance of the date of execution. The body is
not returned, and the place of burial is not disclosed. Following his mission to
Uzbekistan, the Special Rapporteur on Torture expressed serious concern regarding the situation of relatives of persons sentenced to death: “The complete secrecy
surrounding the date of execution, the absence of any formal notification prior to
and after the execution and the refusal to hand over the body for burial are
believed to be intentional acts, fully mindful of causing family members turmoil,
fear and anguish over the fate of their loved ones. The practice of maintaining families in a state of uncertainty with a view to punishing or intimidating them or others
must be considered malicious and amounting to cruel and inhuman treatment.”149
147
148
149
On 24 July 2003, the acting High Commissioner for Human Rights issued a press release expressing his concern regarding the executions of individuals for whom stays of execution had been
requested by the Human Rights Committee.
Article 93 of the Constitution and Article 51(3) of the Criminal Code. Regulation on the Procedure of
Granting Clemency in the Republic of Uzbekistan. Approved by Decree of the President of the
Republic of Uzbekistan NYII-1839, 11 September 1997.
Report of the UN Special Rapporteur on Torture, Mission to Uzbekistan, E/CN.4/2003/68/Add.2,
3 February 2003, Paragraph 65.
47
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