A/HRC/4/33/Add.2
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about whether or not any forms of torture or ill-treatment were used by the investigator or
anybody else to extract a confession. If it is suspected that torture has been committed or traces
potentially stemming from torture are detected during the investigation or during trial, a forensic
examination and a preliminary investigation have to be conducted. If the suspicion is confirmed,
a criminal case must be opened. Out of the criminal cases opened in 2006 relating to torture, to
compulsion to testify and to abuse of power, with regard to 17 persons the courts found
violations.
715.
Recommendation (o) stated: Priority should be given to enhancing and
strengthening the training of law enforcement agents regarding the treatment of persons
deprived of liberty. The Government should continue to request relevant international
organizations to provide it with assistance in that matter.
716.
The Government informed that the Main Investigation Department of the Ministry of
Internal Affairs, together with the Bar Association of Uzbekistan, has developed and introduced
on 1 October 2006 the regulations “On Ensuring the Protection of the Rights of Detainees,
Suspects and Accused during Preliminary Investigation and Interrogation”. In order to
familiarize internal affairs officials and staff of penitentiary establishments further with the rights
and duties of the parties to criminal proceedings, information boards and posters on human rights
were put up in all departments and divisions of the Ministry of Internal Affairs.
717.
Recommendation (p) stated: Serious consideration should be given to amending
existing legislation to place correctional facilities (prisons and colonies) and remand centres
(SIZOs) under the authority of the Ministry of Justice.
718.
According to information received from NGOs and other sources, concrete steps
regarding an amendment to existing legislation have still not been taken.
719.
The Government informed that representatives of the penitentiary administration of
Uzbekistan undertook a number of study visits to familiarise with the experience of other
countries in the area of transferring the penitentiary system to the authority of the Ministry of
Justice. A Concept paper on the further development and improvement of the penitentiary
system 2005-2010 has been adopted, where the transfer figures prominently. The implementation
of the Concept paper will allow for the effective use of criminal punishment, improve the
conditions of detention and treatment of detainees, create the necessary preconditions for social
rehabilitation during and after detention and raise the level of professional training of the
personnel and improve their social protection.
720.
Recommendation (q) stated: Where there is credible evidence that a person has
been subjected to torture or similar ill-treatment, adequate reparation should be promptly
given to that person; for this purpose a system of compensation and rehabilitation should
be put in place.
721.
Recommendation (r) stated: The Ombudsman’s Office should be provided with the
necessary financial and human resources to carry out its functions effectively. It should be
granted the authority to inspect at will, as necessary and without notice, any place of
deprivation of liberty, to publicize its findings regularly and to submit evidence of criminal
behaviour to the relevant prosecutorial body and the administrative superiors of the public
authority whose acts are in question.
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