A/HRC/4/33/Add.2
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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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