E/CN.4/2004/56/Add.3 page 50 307. Recommendation (p) stated: Serious consideration should be given to amending existing legislation to place correctional facilities (prisons and colonies) and remand centres (SIZOs) under the authority of the Ministry of Justice. 308. Recommendation (q) stated: Where there is credible evidence that a person has been subjected to torture or similar ill-treatment, adequate reparation should be promptly given to that person; for this purpose a system of compensation and rehabilitation should be put in place. 309. Recommendation (r) stated: The Ombudsman’s Office should be provided with the necessary financial and human resources to carry out its functions effectively. It should be granted the authority to inspect at will, as necessary and without notice, any place of deprivation of liberty, to publicize its findings regularly and to submit evidence of criminal behaviour to the relevant prosecutorial body and the administrative superiors of the public authority whose acts are in question. 310. Recommendation (s) stated: Relatives of persons sentenced to death should be treated in a humane manner with a view to avoiding their unnecessary suffering due to the secrecy and uncertainty surrounding capital cases. It is further recommended that a moratorium be introduced on the execution of the death penalty and that urgent and serious consideration be given to the abolition of capital punishment. 311. In December 2003, the Oliy Majlis adopted a bill “on introducing changes and supplements to certain legislative acts of the Republic of Uzbekistan”. It called for the abolition of the death penalty under two articles of the Criminal Code, specifically those on aggression (art. 151.2) and genocide (art. 153). After the entry of this law into force the death penalty will be applied to only two kinds of crime, namely terrorism (art. 155) and aggravated homicide (art. 97.2). 312. By law, the death penalty cannot be applied to men older than 60, women (irrespective of age) or juvenile offenders. An individual sentenced to death has the possibility of appealing against the judgement through several proceedings - appellate, cassational and supervisory proceedings - in judicial bodies; there is also the right to appeal against the judgement to procuratorial bodies. A death sentence may be carried out only after a review of the case by the respective judicial bodies following appeals from the parties or protests by the procurators, and only after an application for clemency is denied. 313. In the practice of the administration of justice there have been a number of individual instances of commutation of the death penalty to deprivation of liberty, after an appeal against the sentence. In 2002, for example, sentences were amended in respect of more than 20 persons and the death penalty was commuted to deprivation of liberty. The Government cited two examples. 314. Valery Sergeevich Agabekov and Andrey Vladimirovich Annenkov were found guilty of murder, among other things, and each was sentenced by the Tashkent oblast court on 18 September 2001 to the death penalty. By a decision of the criminal division of the Supreme Court of Uzbekistan on 23 April 2002, the judgements in the case were amended and each of the sentences was commuted to 20 years’ deprivation of liberty, with the first 5 years to