Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 45 UZBEKISTAN other ill-treatment, and the right of persons in detention to be treated with humanity and dignity. According to official sources, Uzbekistan received urgent requests concerning 31 individuals from the UN Human Rights Committee in 2003-2004. Fifteen individuals (Sh. Andasbaev, U. Eshov, I. Babajanov, M. Ismailov, M. Mirzaev, A. Uteev, O. Ruzmetov, U. Ruzmetov, O. Makhmudov, N. Bazarov, O. Kupalov, B. Yusupov, J. Madrakhimov, I. Sultanov, A. Karimov) had been executed before the requests were received. Death sentences were commuted to different terms of imprisonment for seven individuals (A. Kornetov, A. Isaev, N. Karimov, E. Gungin, F. Karaev, I. Karimov, S. Alisov). In the cases of nine individuals (F. Nasibulin, I. Khudaiberganov, Sh. Juraev, F. Alimov, A. Buryachek, A. Tolipkhujaev, I. Ibragimov, Sh. Baibulatov, S. Kadirov), execution of death sentences was suspended while the cases were pending before the Clemency Commission under the Office of the President.158 In its concluding observations on the second periodic report submitted by Uzbekistan, the UN Human Rights Committee recalled that, in several cases, Uzbekistan had executed prisoners under sentence of death while their cases were pending before the Committee. The Committee reminded Uzbekistan that “disregard of the Committee’s requests for interim measures constitutes a grave breach of the state party’s obligations under the Covenant and the Optional Protocol”.159 Pardon or commutation Death sentences can be commuted to 25 years’ imprisonment.160 The cases of all individuals sentenced to death are automatically considered by the Clemency Commission under the Office of the President regardless of whether the sentenced person has submitted an appeal for clemency. Sentences are not executed until a decision on clemency has been issued. Official statistics for the reporting period were not provided. For the period of 2002-2004, death sentences of 32 individuals were commuted to imprisonment.161 158 159 160 161 Note Verbale from the Permanent Mission of Uzbekistan to the Office of the UN High Commissioner for Human Rights, E/CN.4/2005/G/21, 21 March 2005, Paragraph 21.1. Concluding observations of the Human Rights Committee: Uzbekistan, CCPR/CO/83/UZB, 26 April 2005, Paragraph 6. Article 93 of the Constitution and Article 51(3) of the Criminal Code. Regulation on the Procedure of Granting Clemency in the Republic of Uzbekistan. Approved by Decree of the President of the Republic of Uzbekistan NYII-1839, 11 September 1997. Note Verbale from the Permanent Mission of Uzbekistan to the Office of the UN High Commissioner for Human Rights, E/CN.4/2005/G/21, 21 March 2005, Paragraph 19.3. 45