A/HRC/19/61/Add.4
(e) UA 29/11/2011 Case No. USA 21/2011 State reply: None to date Alleged prolonged
solitary confinement used on individuals suspected or convicted of terrorism-related
offences.
174. The Special Rapporteur is grateful to the Government of the United States of
America for its engagement on the issues raised in the communication of 29 November
2011. Given the on-going dialogue between the mandate and the Government, the Special
Rapporteur decides not to make observations on this case in the present report. He
encourages the Government to continue its engagement with the mandate.
Uzbekistan
(a) JUA 15/12/2010 Case No. UZB 8/2010 State reply: 14/01/2011 Alleged arrest and
detention of human rights defenders.
175. The Special Rapporteur thanks the Government of Uzbekistan for its response to the
communication dated 15 December 2010, regarding the alleged arrest and detention of Ms.
Gulshan Karaeva and Mr. Nodir Akhatov, two human rights defenders. In particular, the
Special Rapporteur is concerned about allegations indicating that police officers attempted
to force Ms. Karaeva and Mr. Akhatov to admit involvement in organizing the protest. The
Special Rapporteur would like to reiterate that article 15 of the Convention against Torture
provides that, “[e]ach State Party shall ensure that any statement which is established to
have been made as a result of torture shall not be invoked as evidence in any proceedings,
except against a person accused of torture as evidence that the statement was made.” Based
on the information received, the Special Rapporteur determines that the rights of Ms.
Karaeva and Mr. Akhatov under the UN Convention against Torture may have been
violated, and calls on the Government to conduct a complete and impartial investigation
into the aforementioned allegations.
(b) JUA 20/12/2011 Case No. UZB 7/2010 State reply: 15/03/2011 Alleged detention and
torture of an advocate of freedom of religion.
176. The Special Rapporteur thanks the Government of Uzbekistan for the response to
this communication regarding the alleged detention and torture of Mr. Djalilov, an advocate
of freedom of religion. Regrettably, the Government‟s response failed to address the
allegation that Mr. Djalilov‟s whereabouts remained unknown between his arrest on 5
September 2009 and 22 October 2010 when his detention was finally acknowledged. In this
regard, the Special Rapporteur notes that paragraph 8(b) of Human Rights Council
Resolution 16/23 asserts that “[p]rolonged incommunicado detention or detention in secret
places can facilitate the perpetration of torture and other cruel, inhuman or degrading
treatment or punishment and can in itself constitute a form of such treatment, and urges all
States to respect the safeguards concerning the liberty, security and the dignity of the
person and to ensure that secret places of detention and interrogation are abolished.”
Furthermore, the Government‟s response neglected to indicate whether an investigation into
the allegation that Mr. Djalilov‟s hearing impairment was a result of being subjected to a
heavy blow to the ear while in prison. Based on the information received, the Special
Rapporteur determines that Mr. Djalilov‟s rights under the UN Convention against Torture
have been violated, and calls on the Government to investigate, prosecute and punish those
responsible and ensure that Mr. Djalilov obtains redress, including fair and adequate
compensation, and as full rehabilitation as possible.
(c) JUA 21/03/2011 Case No. UZB 1/2011 State reply: 12/05/2011 Alleged arbitrary
detention of a former UNDP employee.
177. The Special Rapporteur thanks the Government of Uzbekistan for its reply, dated 12
May 2011, to this communication in relation to the alleged detention and ill-treatment of
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