CAT/C/UZB/CO/3
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The State party should take prompt measures to ensure that in all instances of death
in custody, it independently investigates and prosecutes those believed responsible
for any deaths resulting from torture, ill-treatment or wilful negligence leading to
any of these deaths. The Committee would appreciate a report on the outcome of the
investigations, where completed, and where cases of torture were indeed found, as
well as information about what penalties and remedies were provided. The State
party should correct the reportedly poor conditions of places of detention, including
through the application of alternative measures to imprisonment and the
establishment of additional prison facilities, as needed.
Safeguards for prisoners
12. Notwithstanding the many fundamental legislative changes made by the State party
regarding detention conditions, safeguards of detainees and related matters, the Committee is
concerned at credible reports that law enforcement personnel secure and follow detailed internal
regulations and procedures that are restricted for official use only and not made public or
available to detainees or their lawyers. These rules leave many issues to the discretion of the
officials. This results in claims that, in practice, detainees are not afforded the rights of access to
a lawyer, independent doctors or family members. The Committee is concerned that these rules
create conditions where abusive practices are sanctioned.
The State party should ensure in practice that every detainee can exercise the right
to access to a lawyer, independent doctor and family member and other legal
guarantees to ensure protection from torture.
Independent monitoring of places of detention
13. While noting the State party’s affirmation that all places of detention are monitored by
independent national and international organizations without any restrictions and that they would
welcome further inspections including by the International Committee of the Red Cross (ICRC),
the Committee remains concerned at information received, indicating that acceptable terms of
access to detainees were absent, causing, inter alia, the ICRC to cease prison visits in 2004.
The State party should ensure that fully independent monitoring of detention and
other custodial facilitates is permitted, including by independent and impartial
national and international experts and non-governmental organizations, in
accordance with their standard methodologies.
Results of investigations
14.
While appreciating the responses by the State party regarding cases raised by the
Committee in which violations of the Convention are alleged, the Committee notes with concern
that the State party often presents extensive detail on the alleged crimes committed by
individuals rather than providing information on the results of investigations into the allegations
of torture.
The State party is reminded that no exceptional circumstances whatsoever, whether
a state of war or a threat of war, internal political instability or any other public
emergency, may be invoked as a justification for torture.