The Death Penalty in the OSCE Area
relatives.134 Both the UN Human Rights Committee and the UN Committee against
Torture have expressed their concern about the lack of independence of the judiciary
in Uzbekistan.135 In addition, the UN Human Rights Committee has also expressed
its concern about “the continuing high number of convictions based on confessions
made in pre-trial detention that were allegedly obtained by methods incompatible with
article 7 of the Covenant [prohibition against torture or other ill-treatment]”.136
On 27 March 2006, in a report on the situation in specific countries or territories,
the special rapporteur on the independence of judges and lawyers reiterated his serious
concern about the generally deteriorating human rights situation in Uzbekistan. He
expressed particular concern regarding the conduct of the executive and prosecutorial
authorities and the legislative framework in relation to the conduct of trials. He stressed
the need for in-depth reforms of the judiciary, including the role of prosecutors,
judges, and lawyers in the judicial process.137
In its concluding observations on the second periodic report submitted
by Uzbekistan, the UN Human Rights Committee recalled that, in several cases,
Uzbekistan had executed prisoners under sentence of death while their cases were
pending before the Committee. The Committee reminded Uzbekistan that “disregard
of the Committee’s requests for interim measures constitutes a grave breach of the
state party’s obligations under the Covenant and the Optional Protocol”.138
In the reporting period, the UN Human Rights Committee examined four
communications concerning the imposition of death penalty in 1999, 2000, and
2001.139 It found that the death sentences had been pronounced without meeting the
requirements of a fair trial, as the accused were not provided with a lawyer at any stage
of the proceedings. In addition, it found that the authorities had failed to adequately
134 Report of the UN Special Rapporteur on torture, Mission to Uzbekistan, U.N. Doc. E/
CN.4/2003/68/Add.2, 3 February 2003.
135 Concluding observations of the Human Rights Committee: Uzbekistan, U.N. Doc. CCPR/
CO/71/UZB, 26 April 2001; Concluding observations and recommendations of the Committee against
Torture: Uzbekistan, U.N. Doc. CAT/C/CR/28/7, 6 June 2002; Concluding observations, op. cit., note
133.
136
Concluding observations, op. cit., note 133, para. 10.
137 Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy,
Corrigendum, Situation in specific countries or territories, U.N. Doc. E/CN.4/2006/52/Add.1, 27 March
2006, para. 297.
138
Concluding observations, op. cit., note 133, para. 6.
139 U.N. Doc. CCPR/C/87/D/959/2000, 8/08/2006, Communication No. 959/2000; CCPR/C/89/
D/1043/2002, 3/04/2007 Communication No. 1043/2002; U.N. Doc. CCPR/C/89/D/1071/2002,
3/03/2007, Communication No. 1071/2002; U.N. Doc. CCPR/C/88/D/1057/2002, 10/11/2006,
Communication No. 1057/2002.
42
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents