A/HRC/4/33/Add.2
Page 128
722.
Recommendation (s) stated: Relatives of persons sentenced to death should be
treated in a humane manner with a view to avoiding their unnecessary suffering due to the
secrecy and uncertainty surrounding capital cases. It is further recommended that a
moratorium be introduced on the execution of the death penalty and that urgent and
serious consideration be given to the abolition of capital punishment.
723.
According to information received from NGOs and other sources, a Presidential Decree
of 1 August 2005 announced that the death penalty is to be abolished in Uzbekistan as of 1
January 2008. No moratorium was put in place for the period until 1 January 2008.
724.
The Government informed that, since Uzbekistan became independent, the criminal
justice system has constantly been humanised and liberalised. Whereas in 1994, there were 33
articles carrying the death penalty, currently there are only two, namely terrorism and aggravated
homicide, which is in accordance with the provisions of article 6 of the International Covenant
on Civil and Political Rights (ICCPR). Also with regard to these crimes, the death penalty is not
mandatory, but there are alternative punishment measures. By law, the death penalty cannot be
applied to men older than 60, women (irrespective of age) or juvenile offenders (also in
accordance with ICCPR). The death penalty is only used in circumstances aggravating
responsibility and in connection with particularly dangerous persons who have committed
aggravated crimes linked to the numerous human losses.
725.
In accordance with article 138 of the Penitentiary Code, a convict can apply for
clemency after the court decision enters into force, which is in compliance with the relevant
provisions of ICCPR. Article 140 of the CriminalProcedure Code governs the order of execution
of death sentences and provides that the organ that has executed the sentence has to inform the
court that has issued the sentence, and that the latter has to inform the relatives of the convict.
This norm is strictly observed.
726.
In recent years, no death sentence, as criminal punishment, has been pronounced.
However, with a view to international law, the right to life proclaimed Constitution of
Uzbekistan, and in keeping with the principle of humanising criminal law, on 1 August 2005, the
President issued the Decree “On the Abolition of the Death Penalty,” which provides for
abolition starting from 1 January 2008. It should be underlined that it provides for the complete
abolition and not only a moratorium. Amendments to the three Codes are being prepared. The
Government is aware that efforts with regard to awareness-raising have to be made. It needs to
be stressed that since the adoption of the presidential decree, with a view to general principles
and norms of international law and provisions of the Constitution of Uzbekistan, no death
sentence was executed.
727.
Recommendation (t) stated: The Government should give urgent consideration to
closing Jaslyk colony which by its very location creates conditions of detention amounting
to cruel, inhuman and degrading treatment or punishment for both its inmates and their
relatives.
728.
Recommendation (u) stated: All competent government authorities should give
immediate attention and respond to interim measures ordered by the Human Rights
Committee and urgent appeals dispatched by United Nations monitoring mechanisms
regarding persons whose life and physical integrity may be at risk of imminent and
irreparable harm.
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