E/CN.4/2003/68/Add.2
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normally in a remand centre, commonly known by its Russian acronym SIZO (sledstvenniz
izolator). Pursuant to article 245 CPC, the “detention in custody during the investigation of the
crime may not exceed two months”. This time limit can be extended to three months by a
district procurator in case of necessity to conclude the investigation and if there are no grounds
warranting a change in the measure of restraint. A further extension of up to six months can be
made only on the grounds of an especially complex case and only by a regional procurator. An
extension beyond six months is permitted in exceptional cases and only with regard to persons
who are accused of having committed especially serious crimes. Finally, the pre-trial detention
may be extended up to one and a half years by the General Procurator of the Republic of
Uzbekistan. No further extension of the time limit is permissible. According to the General
Procurator, most cases are resolved within three months. As illustrated by numerous cases
presented in appendix II, extensive periods of pre-trial detention seem to be common.
19.
The attention of the Special Rapporteur was drawn by the Acting Chairperson of the
Supreme Court to article 88 CPC according to which “during the preliminary investigation, it is
forbidden: (1) to carry out actions harmful to the life and health of persons or offending their
honour and dignity, (2) to force confessions, explanations, conclusions … by way of force,
threats, deceit and other illegal measures”.
20.
According to article 33 CPC, the supervision of the respect for and precise
implementation of the law during the pre-trial investigation is entrusted to the General Procurator
of the Republic and to subordinate procurators. They must supervise the whole pre-trial criminal
process conducted by investigators from the MVD, the SNB or their own investigators.
Investigators are said to be assisted by operatives. Officers from the MVD investigate minor
crimes, those from the SNB, so-called security crimes or crimes against State interests, while
those from the General Procurator’s Office, serious crimes.
21.
According to the Procurator General, release on bail pending trial is only resorted to if
there is a formal request and if a sufficient sum of money can be paid as a guarantee. He
reported that during the first 10 months of 2002, some 700 persons had been released on bail.
The Special Rapporteur deems that release on bail or similar arrangements should be resorted to
much more frequently.
22.
A number of non-governmental interlocutors of the Special Rapporteur alleged that the
criminal investigation process, including at the time of apprehension, is mainly governed by
administrative internal rules that are not made public. This is said to be a major obstacle to an
active and effective participation of legal counsels and lawyers, especially in the early stage of
arrest and detention, as well as to access by independent medical doctors and relatives of persons
deprived of their liberty. This is also believed to explain the wide discretionary powers of
investigators in that respect. The Minister of Justice nevertheless denied the existence of
administrative instructions. All legislation regarding arrest, detention and pre-trial investigation
process are contained in the CPC. It must be stressed that low-ranking law enforcement officials
met during the visit to places of detention appeared to be uncertain about the legal provisions
that they had to observe when dealing with pre-trial detainees.