Death_Penalty_2005_nowy.qxd 2005-09-08 17:00 Page 46 THE DEATH PENALTY IN THE OSCE AREA Relatives Relatives are not informed in advance of the date of execution. The body is not returned, and the place of burial is not disclosed.162 Following his mission to Uzbekistan, the special rapporteur on torture expressed serious concern regarding the situation of the relatives of people sentenced to death: “The complete secrecy surrounding the date of execution, the absence of any formal notification prior to and after the execution and the refusal to hand over the body for burial are believed to be intentional acts, fully mindful of causing family members turmoil, fear and anguish over the fate of their loved ones. The practice of maintaining families in a state of uncertainty with a view to punishing or intimidating them or others must be considered malicious and amounting to cruel and inhuman treatment.”163 In its concluding observations on the second periodic report submitted by Uzbekistan, the UN Human Rights Committee remained concerned that, “when prisoners under sentence of death are executed, the authorities systematically fail to inform the relatives of the execution, defer the issuance of a death certificate and do not reveal the place of burial of the executed persons”. The Committee stated that, “these practices amount to a violation of article 7 of the Covenant [prohibition against torture or other ill-treatment] with respect to the relatives of the executed persons”. The Committee urged Uzbekistan to change its practice in this regard in order to comply fully with the Covenant’s provisions.164 162 163 164 This information is regarded as a state secret in accordance with Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 239-33 “On measures of protection of state secrets of the Republic of Uzbekistan”, 5 May 1994, and article 140 of the Criminal Executive Code. Op. cit., Note 153. Concluding observations of the Human Rights Committee: Uzbekistan, CCPR/CO/83/UZB, 26 April 2005, Paragraph 8. 46