OSCE/ODIHR Opinion on Article 235 of the Criminal Code of the Republic of Uzbekistan mentioned in respective domestic laws should be of a similar nature as the ones listed therein.24 25. Article 235 of the Criminal Code only punishes acts of torture and other cruel, inhuman or degrading treatment or punishment when the purpose of such acts is to (i) obtain information or confession relating to the commission of a crime, (ii) punish for a committed act, or (iii) coerce to commit any act. It is noted in this context that Article 1 of the UNCAT further protects specifically against acts carried out for “any reason based on discrimination of any kind.” Article 235 par 2 of the Criminal Code refers to discrimination on the grounds of nationality, race, religion or social status but only as an aggravating circumstance and not as a constitutive element of the criminal offense. Moreover, other grounds for discrimination should be contemplated, including, among others, colour, ethnicity, age, religious belief or affiliation (and not only religion), political or other opinion, gender, sexual orientation, transgender identity, mental or other disability, health status, economic or indigenous status, the reason for which the person is detained, including persons accused of political offences or terrorist acts, asylum-seekers, refugees or others under international protection, or any other status or adverse distinction.25 Article 235 of the Criminal Code does not envision the fourth purposive element of discrimination, and consequently has a more restrictive scope than Article 1 of UNCAT. To enhance compliance with this international instrument, it is recommended to explicitly include in Article 235 discrimination among the listed purposes for inflicting torture. 26. Finally, Article 235 of the Criminal Code addresses acts inflicted on a particular kind of individual i.e., “a suspect, accused, witness, victim or any other party at a criminal proceeding, or a convicted person serving a sentence”. This seems to imply that only the persons having a procedural status in the course of criminal proceedings or serving a sentence, and their close relatives, are protected by the provision. This is unduly restrictive since Article 1 of the UNCAT aims at protecting all individuals, irrespective of their procedural status as well as at covering situations outside of criminal proceedings. The prohibition of torture and ill-treatment actually applies in all contexts of custody or control, for example, in hospitals, schools, or institutions that engage in the care of children, the aged, the mentally ill or disabled, in military service, and in other institutions as well as in situations where the failure of the State to intervene encourages and enhances the danger of privately inflicted harm.26 It is thus recommended to remove the reference to “a suspect, accused, witness, victim or any other party at a criminal proceeding, or a convicted person serving a sentence”, and to specify instead that Article 235 shall apply to any individual. Moreover, the scope of this provision should be broadened to encompass other situations of custody or control, not just those related to criminal proceedings and detention. 27. It is worth mentioning that Article 235 of the Criminal Code also targets acts committed against “close relatives” whereas Article 1 of the UNCAT refers to acts that are aimed at obtaining information from, punishing, intimidating or coercing a third person27 24 25 26 27 See par 35 of the Report of the UN Special Rapporteur on the Question of Torture, A/HRC/13/39/Add.5, 5 February 2010, available at http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A.HRC.13.39.Add.5_en.pdf. Op. cit. footnote 12, par 21 (General Comment No. 2 of the UNCAT Committee). Op. cit. footnote 12, par 15 (General Comment No. 2 of the UNCAT Committee). See e.g. par 8 of the Concluding Observations of the UNCAT Committee on Senegal, CAT/C/SEN/CO/3, 23 December 2013, available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CAT%2fC%2fSEN%2fCO%2f3&Lan g=en. 9