A/69/44
regrets the lack of information provided by the State party on the outcome of the review of
995 criminal cases relating to the June 2010 violence (arts. 4, 12, 13 and 16).
The State party should take effective measures to ensure that all allegations of torture
or ill-treatment, related to the June 2010 violence, by security or law enforcement
officials are fully and impartially investigated, and that the officials responsible are
prosecuted. In particular, the State party should ensure that:
(a)
A thorough and impartial review of 995 criminal cases related to the
June 2010 violence is conducted, and, when appropriate, proceedings are reopened in
cases in which torture allegations have not been fully investigated or in which serious
violations of due process rights have been revealed;
(b)
Security or law enforcement officials found responsible are subjected to
disciplinary and/or criminal penalties for torture and ill-treatment; and
(c)
Allegations of any public official’s infliction of, ordering of, or
acquiescence to torture or ill-treatment against ethnic Uzbeks is fully and effectively
investigated and, as appropriate, prosecuted.
Fundamental legal safeguards
(9)
The Committee expresses its serious concern at the State party’s failure to afford to
all persons deprived of their liberty, especially those held in pretrial detention, all
fundamental legal safeguards, as described in the Committee’s general comment no. 2
(2007) on implementation of article 2 by States parties (paras. 13–14), from the outset of
deprivation of liberty. The Committee is particularly concerned at reports that detainees are
frequently denied access to an independent lawyer of their choice, that police officers
forcibly extract confessions in the early stages following apprehension, before formal
detention or arrest, and that in practice lawyers need to secure special permission from
investigators to have access to their clients (arts. 2, 11, 12, 13, 15 and 16).
The State party should ensure that:
(a)
All persons deprived of liberty are afforded, in law and in practice, all
fundamental legal safeguards from the very outset of their deprivation of liberty,
including the rights to prompt access to a lawyer of their choice, to request a medical
examination by an independent doctor, to contact family members, to be informed
promptly of their rights, including about the charges against them, and to be brought
before a judge within 48 hours of their deprivation of liberty;
(b)
All persons deprived of their liberty have prompt access to assistance
from independent lawyers, and can communicate privately with them;
(c)
All detainees, including minors, are included in a central register of
persons deprived of liberty, in which relevant information about fundamental
safeguards is immediately recorded, and which can be accessed by the lawyers and
family members of those detained and others as appropriate; that the State party
monitors the provision of safeguards to persons deprived of their liberty, including
public officials’ compliance with registration requirements; and that any public
official who denies fundamental legal safeguards to such detained persons is
disciplined or prosecuted.
Definition and criminalization of torture
(10) While welcoming the recent amendment in the Criminal Code on the definition of
torture, the Committee regrets that the current definition of torture in article 305(1) of the
Criminal Code limits criminal responsibility to public officials, excluding other persons
acting in an official capacity. Furthermore, the Committee regrets that the specific offence
38
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