(b) To provide information to family members on the whereabouts and charges against all
persons arrested or detained in connection with the Andijan events; and
(c) To ensure that military and security officials only use force when strictly necessary and
that any acting in violation of the Convention are subject to review.
(10) The Committee is disappointed that most of the small number of persons whose cases were pursued by the
State party received mainly disciplinary penalties. The Committee is also concerned that sentences of those
convicted under article 235 of the Criminal Code are not commensurate with the gravity of the offence of torture as
required by the Convention.
The State party should immediately adopt measures to ensure that punishment for acts of torture are
at a level commensurate with the severity of the crime, in accordance with the requirements of the
Convention. Suspected perpetrators should as a rule be subject to suspension or reassignment during
the process of investigation. These subjected to disciplinary penalties should not be permitted to
remain at their posts.
Conditions of detention
(11) While the Committee appreciates the information from the State party regarding surveys of detainees’
opinions regarding detention facilities, the Committee remains concerned that despite the reported improvements,
there are numerous reports of abuses in custody and many deaths, some of which are alleged to have followed
torture or ill-treatment. Furthermore, only some of these have been followed by independent autopsies, and such
investigations have not become a regular practice. The Committee is also aware of the concerns raised by the
Special Rapporteur on torture regarding the Jaslyk detention facility, the isolated location of which creates
conditions of detention reportedly amounting to cruel, inhuman and degrading treatment or punishment for both its
inmates and their relatives.
The State party should take effective measures to keep under systematic review all places of detention,
and not to impede routine unannounced visits by independent experts, including independent national
and international bodies, to all places of detention, including Jaslyk prison.
The State party should take prompt measures to ensure that in all instances of death in custody, it
independently investigates and prosecutes those believed responsible for any deaths resulting from
torture, ill-treatment or wilful negligence leading to any of these deaths. The Committee would
appreciate a report on the outcome of the investigations, where completed, and where cases of torture
were indeed found, as well as information about what penalties and remedies were provided. The State
party should correct the reportedly poor conditions of places of detention, including through the
application of alternative measures to imprisonment and the establishment of additional prison
facilities, as needed.
Safeguards for prisoners
(12) Notwithstanding the many fundamental legislative changes made by the State party regarding detention
conditions, safeguards of detainees and related matters, the Committee is concerned at credible reports that law
enforcement personnel secure and follow detailed internal regulations and procedures that are restricted for official
use only and not made public or available to detainees or their lawyers. These rules leave many issues to the
discretion of the officials. This results in claims that, in practice, detainees are not afforded the rights of access to a
lawyer, independent doctors or family members. The Committee is concerned that these rules create conditions
where abusive practices are sanctioned.
The State party should ensure in practice that every detainee can exercise the right to access to a
lawyer, independent doctor and family member and other legal guarantees to ensure protection from
torture.
36
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