CAT/C/UZB/CO/3
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these events, as requested by the High Commissioner for Human Rights, endorsed by the
Secretary-General and reiterated by the Committee on the Rights of the Child.
The State party should take effective measures:
(a)
to institute a full, effective, impartial inquiry into the May 2005 events
at Andijan in order to ensure that individuals can lodge complaints and all
persons responsible for violations of the Convention are investigated and
brought to justice. In accordance with the recommendation of the High
Commissioner for Human Rights and others, the Committee recommends
that credible, independent experts conduct this inquiry in order to examine
all information thoroughly and reach conclusions as to the facts and
measures taken;
(b)
To provide information to family members on the whereabouts and
charges against all persons arrested or detained in connection with the
Andijan events; and
(c)
To ensure that military and security officials only use force when
strictly necessary and that any acting in violation of the Convention are
subject to review.
10. The Committee is disappointed that most of the small number of persons whose cases
were pursued by the State party received mainly disciplinary penalties. The Committee is also
concerned that sentences of those convicted under article 235 of the Criminal Code are not
commensurate with the gravity of the offence of torture as required by the Convention.
The State party should immediately adopt measures to ensure that
punishment for acts of torture are at a level commensurate with the severity
of the crime, in accordance with the requirements of the Convention.
Suspected perpetrators should as a rule be subject to suspension or
reassignment during the process of investigation. These subjected to
disciplinary penalties should not be permitted to remain at their posts.
Conditions of detention
11. While the Committee appreciates the information from the State party regarding surveys
of detainees’ opinions regarding detention facilities, the Committee remains concerned that
despite the reported improvements, there are numerous reports of abuses in custody and many
deaths, some of which are alleged to have followed torture or ill-treatment. Furthermore, only
some of these have been followed by independent autopsies, and such investigations have not
become a regular practice. The Committee is also aware of the concerns raised by the Special
Rapporteur on torture regarding the Jaslyk detention facility, the isolated location of which
creates conditions of detention reportedly amounting to cruel, inhuman and degrading treatment
or punishment for both its inmates and their relatives.
The State party should take effective measures to keep under systematic review all
places of detention, and not to impede routine unannounced visits by independent
experts, including independent national and international bodies, to all places of
detention, including Jaslyk prison.