A/HRC/4/33/Add.2 Page 122 this sphere has to be studied, that organizational, legal and procedural mechanisms have to be elaborated and the personnel of the courts and law-enforcement organs has to be trained accordingly. This decree is yet another step in the liberalization of the legal and judicial system. 683. The transfer of the right to sanction arrest will allow for the decisions about detention to be taken in a public court hearing, in the presence of the suspect, the lawyer, the prosecutor and other interested parties, which, in turn, will significantly strengthen the legal guarantees for persons under criminal investigation, starting from the moment, when a decision about detention has to be taken. In connection with the preparation of the judges for their new responsibility, a series of measures with a view to training judges, prosecutors and investigators of the Ministry of Interior and the National Security Service is being elaborated. 684. Recommendation (d) stated: The Government should take the necessary measures to establish and ensure the independence of the judiciary in the performance of their duties in conformity with international standards, notably the United Nations Basic Principles on the Independence of the Judiciary. Measures should also be taken to ensure respect for the principle of the equality of arms between the prosecution and the defence in criminal proceedings. 685. Recommendation (e) stated: The Government should ensure that all allegations of torture and similar ill-treatment are promptly, independently and thoroughly investigated by a body, outside the procuracy, capable of prosecuting perpetrators. 686. The Government informed that the Ombudsman, acting on the basis of article 10 of the law “On the Human Rights Commissioner of the Oliy Majlis of the Republic of Uzbekistan”, has the authority to carry out independent investigations of allegations of torture and other forms of ill-treatment. 687. Recommendation (f) stated: Any public official indicted for abuse or torture should be immediately suspended from duty pending trial. 688. The Government informed that articles 256, 257, and 266 of the Criminal Procedure Code provides for dismissal of public officials accused of torture. 689. Recommendation (g) stated: The Ministry of Internal Affairs and the National Security Service should establish effective procedures for internal monitoring of the behaviour and discipline of their agents, in particular with a view to eliminating practices of torture and similar ill-treatment. The activities of such procedures should not be dependent on the existence of a formal complaint. 690. Recommendation (h) stated: In addition, independent non-governmental investigators should be authorized to have full and prompt access to all places of detention, including police lock-ups, pre-trial detention centres, Security Services premises, administrative detention areas, detention units of medical and psychiatric institutions and prisons, with a view to monitoring the treatment of persons and their conditions of detention. They should be allowed to have confidential interviews with all persons deprived of their liberty.

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