18
MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
whose cases the organisation has taken up has been charged under the above Articles
of the Criminal Code ...
Time and again Amnesty International has received credible reports that suspects
were denied access to a lawyer of their choice. Often the lawyers are only given access
by law enforcement officials after the suspect has been held in custody for several
days, which is when the risk of torture or ill-treatment is the greatest. In many cases
law enforcement officials will only grant access to the lawyer after the suspect has
signed a confession. Meetings between lawyers and clients, when they are granted, are
generally infrequent, because unlimited access to a client as prescribed by the law is
difficult for lawyers to obtain. Defence lawyers are rarely allowed to be present at all
stages of the investigation ...
Article 17 of the Code of Criminal Procedure explicitly prohibits the use of torture
and obliges judges, procurators, investigators and interrogators to respect a person's
honour and dignity at every stage of legal proceedings. Nevertheless, Amnesty
International has received countless reports from different sources – former prisoners,
relatives of prisoners, defence lawyers, human rights monitors, international human
rights organisations, diplomats, copies of court documents – that law enforcement
officials continue to routinely violate legal obligations not to subject any person to
torture or cruel, inhuman or degrading treatment.
...
Prison conditions
Conditions under which detainees are held pre-trial are reportedly so poor as to
amount to cruel, inhuman and degrading treatment. In 1997 the Uzbek authorities
admitted that conditions of detention fall far short of the UN basic minimum standards
for the treatment of prisoners. Overcrowding is the norm, with at least two inmates to
a bunk bed, sleeping in turns. Inadequate sanitation, shortages of food and basic
medication exacerbate the risk of disease, such as tuberculosis. Former prisoners have
described punishment cells as underground 'holes', one square metre with standing
room only near the door. The rest of the cell is said to be only 1.5 metres in height,
allowing the prisoner only to crouch or sit. Cells are also said to be overrun with
vermin. As with the conditions on death row, these allegations are difficult to verify
independently given the Uzbek authorities' refusal to allow access to independent
monitors.”
55. In its annual report of 28 May 2002, Amnesty International noted
with respect to the Republic of Uzbekistan:
“Reports of ill-treatment and torture by law enforcement officials of alleged
supporters of banned Islamist opposition parties and movements, such as Hizb-utTahrir, continued unabated. Thousands of devout Muslims and dozens of members or
supporters of the banned secular political opposition parties and movements Erk and
Birlik were serving long prison sentences, convicted after unfair trials of membership
of an illegal party, distribution of illegal religious literature and anti-State activities.
Reports continued to be received that devout Muslim prisoners were singled out for
particularly cruel, inhuman and degrading treatment in places of detention, particularly
prison camps. Several prisoners, among them a prominent human rights defender, died
in custody, allegedly as a result of torture. There were at least 22 death sentences,
reportedly imposed after unfair trials, and at least four executions were carried out.
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