A/HRC/4/33/Add.2 Page 120 672. According to information received from NGOs and other sources, the situation of torture in the country has not changed, and no policies or practices to effectively combat torture have been introduced. Authorities fail to acknowledge the Special Rapporteur’s findings and main conclusion of a systematic practice of torture and have not taken steps on most of the Special Rapporteur’s recommendations. In particular, they have not publicly condemned torture or declared an end to impunity vis-à-vis the Uzbek people. 673. The Government informed that the NGOs’ claim that the situation of torture has not changed in Uzbekistan and that no policies or practices effectively combating torture have been introduced does not reflect reality. According to the Government, the NGO’s information also shows that the Special Rapporteur prefers to believe in rumours rather than using information about public condemnations of torture in all its forms and about measures taken by the Government that have been published in several official United Nations documents. 674. Uzbekistan was the first state of the Commonwealth of Independent States which has invited the Special Rapporteur to visit the country. His visit and the resulting adoption of an Action Plan to implement the Convention against Torture by the Government and his recommendations illustrate the commitment of Uzbekistan to prevent and eliminate torture. Torture has been condemned by all branches of power. In particular, in March 2003 the Adviser to the President, at a meeting with the diplomatic community in Tashkent, stressed the intention of the Government to combat the use of torture and other inhumane treatment. In March 2004, the Government approved a National Action Plan to implement the United Nations “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” (CAT). 675. The introduction of new article 235 into the Criminal Code on 30 August 2003 illustrates that Uzbekistan condemns torture. This article defines torture as follows: "...unlawful use of psychological or physical pressure against a suspect, an accused, a witness, a victim or any other participant in the criminal procedure, or a convict serving a sentence, and their close relatives in the form of threats, hitting, beating, torture, inflicting of pain or other unlawful actions by an interrogator, investigator, prosecutor or another officer of a law enforcement body or a penitentiary, with the aim of obtaining information, or confession of a crime, unauthorized punishment for a criminal act, or coercion to perform any act". It is in line with article 1 of CAT and article 7 of the International Covenant on Civil and Political Rights’ (ICCPR).By decision of the plenary of the Supreme Court of 19 December 2003 an explanation was adopted that indicates that the definition of torture in article 1 of CAT, takes precedence over national legislation. In accordance with article 110 of the Constitution of Uzbekistan and article 5 of the Law “On the Courts”, decisions of the Supreme Court are final and binding for all state organs, public associations, officials and citizens. (See also E/CN.4/2005/62/Add.2, para. 200). 676. Moreover, on 17 February 2005 the Prosecutor General issued order no. 40 “On thorough improvement of prosecutorial supervision of respect for rights and freedoms of citizens during criminal proceedings”, which requires prosecutors to directly apply the CAT provisions and applicable national laws. Allegations of torture are immediately investigated by prosecutors and, depending on the result, appropriate measures are taken. In 2005 and 2006, 19 persons were convicted of having committed torture and fined and punished in line with the criminal legislation. Also, starting from August 2005, senior officials of the National Security Council under the President have conducted regular checks with the aim of preventing and stopping illegal acts and abuse by law-enforcement organs vis-à-vis convicts and detainees.