E/CN.4/2003/68/Add.2
page 19
invariably lead to the obtaining of evidence in support of the prosecution. He confirmed,
however, that in accordance with the law, convictions cannot be based solely on confessions.
Finally, the State Secretary on law enforcement agencies denied that public officials are being
promoted on the basis of anything except their professionalism and honesty; only those who treat
citizens respectfully could be promoted. He added that he had no reason to believe that the use
of torture or ill-treatment had led to the promotion of staff.
III. CONCLUSIONS AND RECOMMENDATIONS
60.
The Special Rapporteur acknowledges with appreciation the invitation extended to
him as well as the support rendered to him by the authorities, in particular the Ministry for
Foreign Affairs. He nevertheless regrets that the mission’s terms of reference were not
fully respected. The failure to grant him access to the SNB lock-up in Tashkent and the
unsatisfactory visit to Jaslyk colony remain matters of serious concern. However, the
Special Rapporteur does not believe that these incidents prevented him from gathering
sufficient information to allow him to form his opinion on the situation in the country with
respect to issues falling within his mandate.
61.
The Special Rapporteur notes with satisfaction that the Prime Minister, as well as
other senior government officials, expressed their intention and willingness to follow up on
the recommendations that are included in the present report. He hopes that these
recommendations, read in conjunction with those made in May 2002 by the Committee
against Torture, will find a positive echo in the country and that all efforts will be made to
implement them. He also welcomes the information from the Acting Chairman of the
Supreme Court according to which the President of the Republic initiated a “stage by
stage” reform of the judiciary which would take into account other countries’ experiences
in relation to judicial redress regarding detention and the overall criminal process. In
particular, he encourages policy makers who are said to be currently discussing this issue
to enshrine the rights to habeas corpus into relevant legislation. He welcomes the
information received from the Government on 6 January 2003 according to which the
Parliamentary Commission had adopted on 8 November 2002 the “Concept of further
deepening the judicial and legal reform” which emphasizes the importance of the judicial
supervision of investigations at the pre-trial stage.
62.
Uzbekistan, formerly a republic of the Soviet Union, has only been independent
since 1 September 1991. Important efforts have been made by the authorities to liberalize
the economy and the President of the Republic is reported to have presented during the
ninth session of Parliament a bill on the liberalization of the judiciary. The Special
Rapporteur notes with satisfaction that alternative measures to deprivation of liberty, such
as the payment of fines and compensation to the victim, are being considered. According to
the Acting Chairman of the Supreme Court, only 38.2 per cent of criminal cases now lead
to a deprivation of liberty compared with more than 50 per cent several years ago.
Coupled with presidential amnesties, this is believed to have addressed the problem of
overcrowding in detention facilities.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents