A/HRC/22/53/Add.4
statement was made,” and of paragraph 7c of Human Rights Council Resolution 16/23,
which urges States “To consider extending the prohibition to statements made as a result of
cruel, inhuman or degrading treatment or punishment, recognizing that adequate
corroboration of statements, including confessions, used as evidence in any proceedings
constitutes one safeguard for the prevention of torture and other cruel, inhuman or degrading
treatment or punishment.” The Special Rapporteur additionally draws the Government‟s
attention to articles 12 and 7 of the CAT, as well as paragraph 6b of Human Rights Council
Resolution 8/8, which require the competent national authorities to undertake a prompt and
impartial investigation wherever there are reasonable grounds to believe that torture has been
committed, and require State parties to hold those who perpetrate acts of torture responsible.
Accordingly, and in the absence of evidence to the contrary, the Special Rapporteur
determines that the rights of Mr. Aamer under the UN Convention against Torture have been
violated. The Special Rapporteur calls on the Government to undertake a prompt,
independent and effective investigation of the facts, leading to the prosecution and
punishment of the perpetrators, and to provide full redress to the victim.
Uzbekistan
(a)
JUA 13/04/2012 Case No. UZB 3/2012 State reply: None to date Alleged arbitrary
detention, acts of intimidation, ill-treatment, and inadequate medical treatment in
prison.
156. The Special Rapporteur regrets that the Government of Uzbekistan has not responded to
this communication dated 13 April 2012, thereby failing to cooperate with the mandate
established by the Human Rights Council. The communication referred to the arbitrary
detention of Mr. X, failure to provide any evidence substantiating charges brought against
him, and the closed trial before a military court that found Mr. X guilty of espionage and
sentenced him to a twelve-year imprisonment. Further, the communication referred to the
alleged denial of a specialist for Mr. X‟s deteriorating health since in detention. Additionally,
at least three persons were reportedly subjected to threats of torture and punishment in order
to force them to testify against Mr. X and at least one person was reportedly beaten to extract
testimony. The Special Rapporteur expresses serious concern regarding the physical and
psychological integrity of Mr. X and those subjected to acts of intimidation and ill-treatment
for the purpose of extracting testimony. In response to Mr. X‟s deteriorating health, the
Special Rapporteur reiterates Rule 22(2) of the Standard Minimum Rules for the Treatment
of Prisoners, which provides that “[s]ick prisoners who require specialist treatment shall be
transferred to specialized institutions or to civil hospitals. Where hospital facilities are
provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be
proper for the medical care and treatment of sick prisoners, and there shall be a staff of
suitable trained officers.” With respect to allegations indicating at least three persons were
forced to testify against Mr. X and at least one person was physically beaten, the Special
Rapporteur reiterates article 15 of the Convention against Torture, which provides that,
“[e]ach State Party shall 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.” Accordingly, in the
absence of contradictory evidence, the Special Rapporteur concludes that the denial of
adequate medical attention to persons in custody constitutes, under the appropriate
circumstances, cruel, inhuman, or degrading treatment in violation of international standards.
The Special Rapporteur calls on the Government to provide information regarding the legal
grounds for the aforementioned person‟s arrest and detention and to set aside any conviction
based on evidence obtained under torture. Further, he calls on the Government of Uzbekistan
to ensure that all sick persons in detention are provided with proper medical care and
treatment. Additionally, the Special Rapporteur urges the Government to undertake a prompt
and independent investigation of the alleged mistreatment of those questioned with the
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