E/CN.4/2005/62/Add.2
page 46
205. According to the information received from non-governmental sources, the Government
has not implemented habeas corpus despite representations to the international community about
its plans to do so. The only mention of habeas corpus in the Government’s Plan is contained in
action 3.2, which calls for “organizing a round table to discuss international experience on the
implementation of the institution of habeas corpus in the national legislation of foreign States”,
to be held in June 2004. It is unclear whether this round table actually took place.
206. The Government reported that following a round table in October 2003 (co-organized
with UNDP, the OSCE and the National Human Rights Centre) to study best practices in the
area, the Ministry of the Interior constantly monitors whether detentions or arrests are justified
(art. 225) and whether the right to file a complaint (art. 241) is used. A draft law “On the
Detention of Suspects and Accused” is being elaborated and draft amendments to the Criminal
Procedure Code providing for the possibility to complain about acts and decisions of State
organs have been prepared.
207. 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.
208. According to the information received from non-governmental sources, the
Government’s reforms (see E/CN.4/2004/56/Add.3, paras. 275-279) consist mainly of proposals
to consider changes to legislation and of plans to implement gradual amendments with no stated
time frames or benchmarks to evaluate effectiveness.
209. The Government reported that the deepening of judicial and legal reform is an important
component of establishing the rule of law in Uzbekistan. It cannot be done within clearly stated
time frames because it depends on the availability of financial and organizational means and
certain social preconditions.
210. 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.
211. According to the information received from non-governmental sources, allegations of
torture and ill-treatment are not consistently investigated “promptly, independently and
thoroughly” by a body outside the procuracy capable of prosecuting perpetrators. Practice
indicates that the Ombudsman’s office forwards complaints of torture or mistreatment directly to
the body accused of the torture rather than investigating them independently. Many Uzbeks
consider the office of the Ombudsman to function merely as a “post office” which redirects
complaints rather than as a protector of rights. In response to the 23 April 2004 death in custody
of Andrei Shelkovenko, the Government consented to having two foreign forensic experts
observe the second autopsy. The independent experts confirmed the Government’s allegations
that Andrei Shelkovenko had committed suicide by hanging. This single example of a diligent
and transparent forensic investigation into the causes of a death in custody is the exception rather
than the rule. A high-level government official stated in 15 July 2004 to the Zerkalo newspaper
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents