(b)
personnel;
The popularization and training measures in the field of human rights aimed at law-enforcement
(c)
The adoption of a legal provision (article 15 of the Code of Criminal Procedure) and a Supreme
Court plenary court decision making evidence obtained by torture inadmissible;
(d)
The large number of investigations carried out following allegations of torture or ill treatment
inflicted on citizens by law-enforcement personnel, which proves the existence of an effective system for
handling complaints;
(e)
The many important projects for the reform of the principal codes and the judicial system
announced by the delegation.
3.
Factors and difficulties impeding the application of the provisions of the Convention
79.
The Committee is aware of the difficulties inherent in any process of transition from a totalitarian
regime to the rule of law.
4.
80.
Subjects of concern
Nevertheless, the Committee notes the following subjects of concern:
(a)
The incompleteness of the definition of torture, which leaves unpunished certain aspects of
torture as defined in article 1 of the Convention, and, in particular, the impossibility of prosecuting, under
existing Uzbek law, an individual guilty of torture at the instigation of a law-enforcement officer and, moreover,
the failure to make an attempt to commit torture an offence;
(b)
The particularly large number of complaints of torture or maltreatment and the small number
of subsequent convictions;
(c)
The establishment of a regime of criminal liability applicable to law-enforcement officials
(policemen, procurators, judges, etc.) who wrongly prosecute or convict, which could tend to undermine the
judiciary or weaken the will to prosecute and punish;
(d)
The failure actually to apply the Supreme Court's plenary court decision excluding evidence
obtained by torture. In this context, the Committee notes that, in practice, criminal prosecutions in Uzbekistan
do not seem to respect the principle of the presumption of innocence and have an inquisitorial character
incompatible with article 11 of the Convention;
(e)
The lack of a formal prohibition of the expulsion, return or extradition of a person to another
State where he runs the risk of being subjected to torture, in accordance with article 3 of the Convention.
5.
81.
Recommendations
The Committee recommends that the State party:
(a)
article 4;
Adopt a definition of torture strictly in conformity with article 1 of the Convention, by applying
(b)
Review the system for handling complaints of torture or ill treatment, so as to minimize the risk
of offences going unpunished;
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