Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 44 THE DEATH PENALTY IN THE OSCE AREA presumption of innocence, a lack of independence of the judiciary, and discretionary powers of the prosecutor with respect to access to detainees by legal counsel and relatives.153 Both the UN Human Rights Committee and the UN Committee against Torture have expressed their concern about the lack of independence of the judiciary in Uzbekistan.154 In addition, the UN Human Rights Committee has also expressed its concern about “the continuing high number of convictions based on confessions made in pre-trial detention that were allegedly obtained by methods incompatible with article 7 of the Covenant [prohibition against torture or other ill-treatment]”.155 In March 2004, the UN Human Rights Committee considered the case of an applicant who had initially been sentenced to death for murder with aggravating circumstances. The sentence was commuted by the Supreme Court. In the case, the Committee found violations of Article 10(1) (right of persons deprived of their liberty to be treated with humanity) and Article 14 (right to a fair trial) of the ICCPR.156 The Committee found that the death sentence had been pronounced without meeting the requirements of a fair trial and recalled that the initial imposition of the death penalty upon conclusion of a trial in which the provisions of the ICCPR have not been respected constitutes a violation of the right to life in Article 6 of the ICCPR. Individual complaints to the UN Human Rights Committee Uzbekistan has ratified the Optional Protocol to the ICCPR and thereby recognizes the competence of the UN Human Rights Committee to consider complaints from individuals claiming that their rights under the ICCPR have been violated.157 In cases concerning the death penalty, the UN Human Rights Committee can issue urgent requests to suspend the execution of a death sentence while the case is pending before the Committee. The UN Human Rights Committee has received communications on the death penalty from Uzbekistan concerning violations of the right to life, the prohibition against arbitrary detention, the right to a fair trial, the prohibition against torture and 153 154 155 156 157 “Report of the UN Special Rapporteur on Torture”, mission to Uzbekistan, E/CN.4/2003/68/Add.2, 3 February 2003. Concluding observations of the Human Rights Committee, Uzbekistan, CCPR/CO/71/UZB, 26 April 2001; Concluding observations/comments of the Committee against Torture, CAT/C/CR/28/7, 6 June 2002; Concluding observations of the Human Rights Committee: Uzbekistan, CCPR/CO/83/UZB, 26 April 2005. Concluding observations of the Human Rights Committee: Uzbekistan, CCPR/CO/83/UZB, 26 April 2005, Paragraph 10. CCPR/C/80/D/917/2000, 29 March 2004, Paragraph 6. Uzbekistan acceded to the Optional Protocol to the ICCPR on 28 September 1995. 44