OSCE/ODIHR Opinion on Article 235 of the Criminal Code of the Republic of Uzbekistan Punishment. In particular, the definition of torture should be broadened, to include discrimination among the listed purposes for inflicting torture and to ensure that this definition applies also to other persons acting in an official capacity. Additionally, Article 235 of the Criminal Code should expressly exclude the application of general provisions of the Criminal Code pertaining to defences, amnesties and pardons, as well as statutes of limitations to cases of torture and other cruel, inhuman or degrading treatment or punishment and should provide for penalties that are commensurate with the gravity of the offence. 10. The OSCE/ODIHR thus recommends as follows: 1. Key Recommendations A. to explicitly include discrimination among the listed purposes for inflicting torture; [par 25] B. to extend the definition of torture to acts or omissions committed by “other persons acting in an official capacity”, so that it will apply to a wide range of professionals such as to doctors, health professionals and social workers, defence/security services, border management and immigration officials; [pars 2829] C. to broaden the applicability of Article 235 to public officials and other persons acting in an official capacity who instigate, consent to or acquiesce in torture perpetrated by non-State officials or private actors and by personnel under their command; [pars 30-32] D. to expressly exclude the application of general provisions of the Criminal Code pertaining to defences, amnesties and pardons, as well as statutes of limitations, to the criminal offense of torture and other cruel, inhuman or degrading treatment or punishment; [pars 33-36] E. to remove the reference to “correctional work” in Article 235 and replace it, and other penalties mentioned therein with penalties that are commensurate with the gravity of the offence; [pars 38-39] 2. Additional Recommendations F. to expressly include not only acts but also omissions (meaning failure to act) in the definition of torture; [par 21] G. to remove the word “unlawful” from Article 235 and expressly clarify that the prohibition contained therein does not apply to pain or suffering arising only from, inherent in or incidental to lawful sanctions; [par 20] H. to delete references to “a suspect, accused, witness, victim or any other party at a criminal proceeding, or a convicted person serving a sentence” and specify instead that Article 235 shall apply to any individual; [par 26] and I. to adapt the wording of Article 235 so that it refers more generally to third persons, without specifying who these third persons shall be, and not only “close relatives”. [par 27] 4