82 The Death Penalty in the OSCE Area
International Safeguards
Pregnant women and minors
Women and individuals who were below the age of 18 at the time of the crime cannot
be sentenced to death.211
Fair-trial guarantees
The UN special rapporteur on the question of torture described the use of torture
in Uzbekistan as systematic. He also reported a lack of respect for the principle of
presumption of innocence, a lack of independence of the judiciary, and discretionary powers of the prosecutor with respect to access to detainees by legal counsel and
relatives.212 Both the UN Human Rights Committee and the UN Committee against
Torture have expressed their concern about the lack of independence of the judiciary
in Uzbekistan.213 In addition, the UN Human Rights Committee has also expressed
its concern about “the continuing high number of convictions based on confessions
made in pre-trial detention that were allegedly obtained by methods incompatible with
article 7 of the Covenant [prohibition against torture or other ill-treatment]”.214
Individual complaints to the UN Human Rights Committee
Uzbekistan has ratified the Optional Protocol to the ICCPR and thereby recognizes the
competence of the UN Human Rights Committee to consider complaints from individuals claiming that their rights under the ICCPR have been violated.215 In cases concerning
the death penalty, the UN Human Rights Committee can issue urgent requests to suspend the execution of a death sentence while the case is pending before the Committee.
In considering communications from individuals in Uzbekistan on issues relating to
the death penalty, the UN Human Rights Committee found a number of violations
of the ICCPR, including of Article 6 (right to life), Article 7 (prohibition against torture and other ill-treatment), Article 10 (1) (right of persons deprived of their liberty
to be treated with humanity) and Article 14 (right to a fair trial).216 The Committee
found that the death sentence had been pronounced without meeting the require211
Article 51 of the Criminal Code. This article also stipulates that men over the age of 60 at the time of sentencing
cannot be sentenced to death.
212
Report of the UN Special Rapporteur on the Question of Torture, Mission to Uzbekistan, E/CN.4/2003/68/Add.2,
3 February 2003.
213
Concluding observations of the Human Rights Committee, Uzbekistan, CCPR/CO/71/UZB, 26 April 2001; Concluding observations/comments of the Committee against Torture, CAT/C/CR/28/7, 6 June 2002; Concluding observations of the Human Rights Committee: Uzbekistan, CCPR/CO/83/UZB, 26 April 2005.
214
Concluding observations of the Human Rights Committee: Uzbekistan, CCPR/CO/83/UZB, 26 April 2005, para.
10.
215
216
Uzbekistan acceded to the Optional Protocol to the ICCPR on 28 September 1995.
CCPR/C/80/D/917/2000, 29 March 2004, para. 6; CCPR/C/86/D/915/2000, 19 April 2006, para. 8.
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