A/HRC/4/33/Add.2
Page 126
710.
The Ministry of Interior works closely with the Republican Association of Defence
Lawyers. On 1 October 2003 an agreement “On Guaranteeing the Right to Protection of the
Detained, Suspected and Accused during Preliminary Investigation” entered into force. As a
result, the behaviour and discipline of law enforcement officers is being monitored, which allows
the detection of illegal actions vis-à-vis detainees. Also, since August 2003, an agreement was
concluded between the bar and the Ministry of the Interior regulating the presence of defence
lawyers at police stations. At every police station there is a special facility so that suspects can
meet with their lawyers confidentially. A new decree regulating who bears the expenses for legal
aid for suspects and accused persons and the relevant procedures has been elaborated. In 2006,
for the first time, the manual “Advocates’ rights” has been published. Currently a concept on the
reform of the Bar is being prepared by the Ministry of Justice together with the Bar, which
contains a series of measures with the aim of providing solutions for the tasks that the Bar, as a
cornerstone of civil society and a civilised judicial system, faces.
711.
Recommendation (n) stated: Medical doctors attached to an independent forensic
institute, possibly under the jurisdiction of the Ministry of Health, and specifically trained
in identifying sequelae of physical torture or prohibited ill-treatment should have access to
detainees upon arrest and upon transfer to each new detention facility. Furthermore,
medical reports drawn up by private doctors should be admissible as evidence in court.
712.
According to information received from NGOs and other sources, the “Plan of Action
to Implement the UN Convention against Torture”, which was approved by the Prime Minister
of Uzbekistan, foresees trainings for doctors of forensic pathology institutes and institutions of
execution of sentences, which are still under the Ministry of Internal Affairs. From April to
December 2005, an international NGO, in cooperation with the WHO, implemented the first
training phase, aimed at strengthening the “referral phase” envisioned in articles 173 to 187 of
the Criminal Procedure Code. These provisions enable health professionals to recommend a
forensic examination, if they suspect a case of torture in their facility. However, a
recommendation of this kind has to be transmitted by the prison governor, an investigating
committee or the Office of the Prosecution. During the first phase, 97 health professionals and 35
forensic experts were trained. During these trainings it became obvious that knowledge about the
provisions of CAT were extremely limited. After completion of the first phase, the Ministry of
Internal Affairs has refused a continuation of the training project.
713.
The Government informed that, in accordance with joint order n. 248/625 of the
Ministry of Interior and the Ministry of Health of 4 December 2000 on improving medical
treatment of persons in places of detention, the medical services are constantly being improved
and detainees receive consultation and treatment. With the aim of improving the forensic skills
and expertise of medical staff working in the penitentiary system, it has been decided to organise
a series of training sessions on how to detect traces of torture and ill-treatment. In August and
October 2005 training sessions were held “Identifying and Documenting Torture Cases” for
legal-medical experts. 104 specialists from legal-medical institutions and medical universities
participated. These seminars were organised by the International Council for the Rehabilitation
of Victims of Torture together with the World Health Organisation with financial support from
the United Kingdom.
714.
Moreover, in accordance with the Prosecutor General’s order no. 41 of 31 May 2004,
the prosecutor, when sanctioning arrest, must question the suspected or accused person and ask
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