84 The Death Penalty in the OSCE Area
individuals 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.
Official statistics were not provided. According to information received from nongovernmental organizations, during the period from 30 June 2005 to 30 June 2006,
death sentences of two individuals, Yuldash Kasymov and Inomjon Abdullaev, were
commuted.
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.221 Following his mission to Uzbekistan,
the special rapporteur on the question of torture expressed serious concern regarding
the situation of the relatives of people 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.”222
In its concluding observations on the second periodic report submitted by Uzbekistan, the UN Human Rights Committee remained concerned that, “when prisoners under sentence of death are executed, the authorities systematically fail to inform the relatives of the execution, defer the issuance of a death certificate and do not
reveal the place of burial of the executed persons”. The Committee stated that, “these
practices amount to a violation of article 7 of the Covenant [prohibition against torture or other ill-treatment] with respect to the relatives of the executed persons”. The
Committee urged Uzbekistan to change its practice in this regard in order to comply
fully with the Covenant’s provisions.223
221
This information is regarded as a state secret in accordance with Resolution of the Cabinet of Ministers of the Republic
of Uzbekistan No. 239-33 “On measures of protection of state secrets of the Republic of Uzbekistan”, 5 May 1994, and
Article 140 of the Criminal Executive Code.
222
Report of the UN Special Rapporteur on the Question of Torture, Mission to Uzbekistan, E/CN.4/2003/68/Add.2,
3 February 2003, Note 153.
223
Concluding observations of the Human Rights Committee: Uzbekistan, CCPR/CO/83/UZB, 26 April 2005, para. 8.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents