E/CN.4/2005/62/Add.2
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that 57 officers had been brought to account in 2003 for the use of torture and other illegal
methods of investigation. No details are available concerning the context in which the
complaints arose or the date; the precise actions the officers committed that gave rise to the
charges; the charges against the officers; whether trials or disciplinary proceedings were held;
and the action taken or sentences imposed. The Government has created an inter-agency body to
investigate serious crimes committed by law enforcement officials. For any new agency to be
effective, there must be genuine will and commitment. There must also be specific benchmarks
for judging the effectiveness of this body, and transparency in its reporting.
212. The Government reported that in August 2004 the Parliament adopted a new version of
the law “On the Ombudsman”, which provides the basis for the conduct of independent
investigations of torture allegations and other illegal acts by State representatives. Practice shows
that the number of complaints to the Ombudsman’s office is constantly growing, which serves as
proof that the people trust this institution. The successful functioning of such an office depends
on the legal culture of the population. Moreover, the conduct of independent investigations of
complaints of torture is being gradually integrated in the procedural practice. Corresponding
Ministry of the Interior instructions are being elaborated. As indicated earlier, human rights
commissions were founded within the Ministry of the Interior at the central and local levels. Not
only the Shelkovenko case was investigated by an independent international investigation, but
also the Arpasaysko file showed that the allegations of some international NGOs were simply
unfounded. This shows that the latter often aim at discrediting the policies of the Republic of
Uzbekistan.
213. Recommendation (f) stated: Any public official indicted for abuse or torture should
be immediately suspended from duty pending trial.
214. 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.
215. 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.
216. According to the information received from non-governmental sources, the Government
has not allowed full and prompt access to all places of detention, especially places of temporary
detention such as police lock-ups, pre-trial detention centres and Security Services premises. In
particular, the Government refused requests made by the ICRC and foreign embassies to have
access to detainees held in connection with the bombings and shootings that occurred in
Uzbekistan in late March and early April 2004. Although the Government has allowed increased
monitoring of prisons by non-governmental groups, concern is expressed that increased access
should not be a substitute for improving prison conditions and treatment of prisoners.
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