E/CN.4/2005/62/Add.2 page 49 evidence obtained under torture, violence, threats, cheating and other inhumane or degrading treatment or other illegal means or involving human rights violations cannot serve as the basis of an accusation. Investigators, prosecutors and judges are obliged always to ask detainees about their treatment during questioning and also about conditions of detention. If there are allegations of torture there has to be a thorough examination, including a medical examination followed by adequate action. In the cases mentioned by the NGOs above, all procedural norms were respected and medical examinations showed no injuries. In general, confessions are not the only basis for finding a person guilty. In Uzbekistan serious measures are taken aimed at combating crimes committed within law enforcement organs. Representatives of numerous State bodies have been found guilty. In the first six months of 2004, 19 staff members of the Ministry of the Interior have been found guilty of abuse of their power, forcing people to testify, etc. Currently, three more staff members are on trial. In the last 18 months judges found more than 1,000 offences committed by law enforcement agents. Prosecutors fulfil an important supervisory role too. 221. Recommendation (j) stated: All measures should be taken to ensure in practice absolute respect for the principle of inadmissibility of evidence obtained by torture in accordance with international standards and the May 1997 Supreme Court resolution. 222. According to the information received from non-governmental sources, judges routinely admit as evidence confessions and other statements made under allegations of torture and mistreatment. 223. The Government reported that the legislation of Uzbekistan guarantees equality to all parties to a trial. Torture is forbidden by law. If there have been violations of procedural norms, article 419 of the Criminal Procedure Code requires the judge to return a case for further investigation. On 24 September 2004 the Supreme Court adopted a resolution “On the Application of Some of the Norms of the Criminal Procedure Legislation on Admission of Proof”, which contains a clear prohibition of the use of evidence obtained by any illegal means of investigation. It also ordered judges to react to allegations of violations and open criminal cases against alleged perpetrators if needed. Supreme Court resolutions are legally binding. 224. Recommendation (k) stated: Confessions made by persons in MVD or SNB custody without the presence of a lawyer/legal counsel and that are not confirmed before a judge should not be admissible as evidence against persons who made the confession. Serious consideration should be given to video and audio taping of proceedings in MVD and SNB interrogation rooms. 225. According to the information received from non-governmental sources, the practice of incommunicado detention persists. 226. The Government reported that action 12.1 of the Plan foresees the elaboration and registration with the Ministry of Justice of an instruction relating to articles 48 to 50 of the Criminal Code aimed at guaranteeing in practice the rights of the suspect and his lawyer. The problems in this area stem from the poor training of law enforcement staff and the low legal literacy of the population. Uzbekistan is working with different international organizations, bilateral partners and NGOs to raise the population’s legal awareness. Also, at the moment amendments to the rules of the Ministry of the Interior’s territorial branches, such as on the