E/CN.4/2003/68/Add.2
page 13
Committee had indicated that it was “gravely concerned about consistent allegations of
widespread torture, inhuman treatment and abuse of power by law enforcement officials. The
Committee is also concerned about the limited number of investigations into allegations of
torture” (CCPR/CO/71/U2B, para. 7).
1. Treatment of criminal suspects
39.
During the mission, the Special Rapporteur gathered numerous detailed and consistent
testimonies from alleged victims and their relatives, only a limited number of which are
reproduced in appendix II, as most individuals concerned refused to have their names and stories
made public for fear of reprisals. The testimonies mostly refer to confessions extracted under
torture and other forms of ill-treatment, almost invariably coupled with a denial of access to
lawyers and relatives. These testimonies, as well as the lack of definitive, consistent and precise
interpretations of existing legal safeguards, which appear to be rarely respected in practice, to a
great extent substantiate the allegations and concerns referred to above.
40.
According to the information received from non-governmental sources, torture is being
used in virtually all cases in which articles 156, 159 and 244 CC (see appendix I) are invoked, in
order to extract self-incriminating confessions and to punish those who are perceived by public
authorities to be involved in either religious, or political, activities contrary to State interests
(so-called security crimes). These provisions, which are rather vaguely worded and whose scope
of application may be subject to various interpretations, are said to have been used in numerous
allegedly fabricated cases and to have led to harsh prison sentences. The four crimes that,
following recent amendments, are now the only capital offences are said to lead to a death
sentence only if they are combined with aggravated murder charges. Evidence gathering in such
cases is said to rely exclusively on confessions extracted by illegal means. It is reported that
religious leaflets as well as weapons or bullets have been planted as evidence that a person
belongs to banned groups such as Hizb-ut-Tahrir, a transnational Islamic movement which calls
for the peaceful establishment of the Caliphate in Central Asia. It is also reported that torture
and ill-treatment continue to be used against inmates convicted on such charges, inter alia to
force them to write repentance letters to the President of the Republic or to punish them further.
41.
As illustrated by numerous cases presented in appendix II, the Special Rapporteur
believes that illegal methods of investigations are not restricted to the categories of suspect
mentioned above. Suspected ordinary criminals are likewise subjected to torture and other forms
of ill-treatment, mainly with a view to extracting self-incriminating confessions, obtaining bribes
and punishing them.
42.
Furthermore, the Special Rapporteur has received information according to which
persons belonging to sexual minorities have been subjected to various forms of torture, including
of a sexual nature, and harassment, and to have been arbitrarily detained with a view to
threatening or punishing them and to obtaining bribes. Temporary/casual workers who offer
their services on a day-by-day basis in marketplaces are also believed to have been targeted.
Casual workers, including female sex workers, have allegedly been beaten or raped if they could
not pay bribes. Asylum-seekers are also believed to be at risk of being forcibly returned to
countries where they may be at risk of torture (refoulement) and concern was expressed over the
fact that Uzbekistan has not ratified the 1951 Convention relating to the Status of Refugees.
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