A/68/44
Allegations of torture and ill-treatment
(9)
The Committee is seriously concerned about numerous and consistent allegations,
corroborated by various sources, of routine use of torture and ill-treatment of suspects,
principally to extract confessions to be used in criminal proceedings, primarily during the
first hours of interrogation in police custody as well as in temporary and pretrial detention
facilities run by the State Committee of National Security and the Department for the Fight
against Organized Crime (arts. 2, 10, 11, 12, 13, 15 and 16).
As a matter of urgency, the State party should take immediate and effective steps to
eradicate and prevent acts of torture and ill-treatment throughout the country,
particularly in police custody and in temporary and pretrial detention facilities run by
the State Committee of National Security and the Department for the Fight Against
Organized Crime. The Committee further urges the State party to:
(a)
Promptly, effectively and impartially investigate all incidents and
allegations of torture and ill-treatment;
(b)
Prosecute those who are found to be responsible, and report publicly on
the outcomes of such prosecutions;
(c)
Maintain video recordings of all interrogations and install video
surveillance in all areas of custody facilities where detainees may be present, except in
cases where detainees’ right to privacy or to confidential communication with their
lawyer or a doctor may be violated. Such recordings should be kept in secure facilities
and be made available to investigators, detainees and their lawyers;
(d)
Unambiguously reaffirm the absolute prohibition of torture and publicly
warn that anyone committing such acts or otherwise complicit or acquiescent in
torture will be held personally responsible before the law for such acts and will be
subject to criminal prosecution and appropriate penalties.
Deaths in custody
(10) The Committee is concerned at reports from the State party and non-governmental
organizations on several instances of deaths in custody, including the deaths of Ismonboy
Boboev, Usman Boboev, Khurshed Bobokalonov, Alovuddin Davlatov, Murodov
Dilshodbek, Hamza Ikromzoda, Khamzali Ikromzoda, Safarali Sangov, Bahromiddin
Shodiev and at the lack of effective and impartial investigations into these cases (arts. 2, 12
and 16).
The Committee urges the State party to promptly, impartially and effectively
investigate all deaths of detainees, assess any liability of public officials, ensure
punishment of perpetrators, and provide compensation to the families of the victims.
The Committee requests that the State party provide comprehensive updated
information on all reported cases of deaths in custody, including location, cause of
death and results of any investigations conducted into such deaths, including
punishment of perpetrators and compensation provided to relatives of victims.
Investigations and impunity
(11) The Committee is deeply concerned that allegations of torture and ill-treatment are
not promptly, impartially or effectively investigated and prosecuted, thus creating a climate
of impunity. The Committee is further concerned that under article 28(1) of the CPC, a
court, judge, prosecutor, or an investigator may terminate criminal proceedings and exempt
the person in question from criminal liability. Such actions can be taken on the basis of
repentance, conciliation with the victim, change of circumstances, or expiration of the
period of statute of limitation for criminal prosecution (arts. 2, 12, 13 and 16).
78
GE.13-46043
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