A/69/44
article 14 by States parties, which affirm that amnesties for the crime of torture are
incompatible with the obligations of States parties.
The events in Andijan in 2005
(11) The Committee remains concerned that there have been no full and effective
investigations into the numerous claims of excessive use of force by officials during the
events of May 2005 in Andijan. The Committee recalls that the acts of the Uzbek officials
resulted, according to the State party, in 187 deaths and according to other sources, 700 or
more deaths, as well as in numerous detentions, and that the Committee is not aware of
cases in which law enforcement personnel were prosecuted for using excessive force
against civilians, arbitrary detention, or torture and ill-treatment of persons taken into
custody in connection with the events. The Committee further remains concerned that the
State party has limited and obstructed, and therefore prevented, independent human rights
monitoring in the aftermath of these events and has not permitted any independent
investigation into these events, declaring that in its view the events of May 2005 are
“closed” (arts. 1, 4, 12, 13 and 16).
The Committee reiterates its recommendation that the State party should take
effective measures to institute a full, effective and impartial inquiry into the events of
May 2005 in Andijan, in order to ensure that alleged violations of the Convention are
investigated and the individuals found responsible are properly punished and victims
obtain redress. The Committee recommends that credible, independent experts
conduct this inquiry and that the results be made available to the public.
Sexual violence
(12) The Committee is concerned at the reports it has received that the authorities have
perpetrated or acquiesced in, threatened to perpetrate and threatened to acquiesce in acts by
other prisoners of sexual violence against individuals deprived of their liberty. It notes in
particular the cases of human rights defender Mutabar Tajebaeva, who alleges that she was
forcibly sterilized against her will while imprisoned in March 2008; Katum Ortikov, who
alleges that he was subjected to sexual violence and threatened by police that he would be
raped by another inmate while in custody in January 2009; Rayhon and Nargiza Soatova,
who allege that they were gang-raped by police while in custody in May 2009; Mehrinisso
and Zulhumor Hamdamova, who allege that that they were forced to strip and threatened
with rape by police while in custody in November 2009; and human rights defender
Gulnaza Yuldasheva, who alleges that she was threatened by police with rape while in
custody in 2012. The Committee’s concerns are amplified by the claims of the State party
that there have been no cases in which it has received complaints of sexual violence against
persons deprived of their liberty since the Committee’s previous review (arts. 2 and 11).
The Committee recommends that the State party ensure that thorough investigations
are undertaken of all allegations of torture or ill-treatment, including sexual violence
and rape, committed in detention facilities and other places of deprivation of liberty;
that those found guilty are prosecuted and punished and that adequate redress and
compensation are provided to the victims.
Fundamental legal safeguards
(13) The Committee expresses its serious concern at the failure of the State party in
practice to afford all persons deprived of their liberty with all fundamental legal safeguards
from the very outset of detention. The Committee is concerned at reports that detainees are
frequently denied access to a lawyer of their choice independent of State authority and that
police officers forcibly extract confessions in the period immediately following deprivation
of liberty. The Committee is also concerned that individuals charged with administrative
offences are not provided in law or in practice with sufficient access to independent legal
84
GE.14-12596
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