E/CN.4/2004/56/Add.3 page 44 Uzbekistan Follow-up of recommendations of the Special Rapporteur in the report of his visit to Uzbekistan in November and December 2002 (E/CN.4/2003/68/Add.2, para. 70) 268. In his 2003 mission report the Special Rapporteur requested information on the implementation of the recommendations by the Government of Uzbekistan by 1 July 2003. He also requested information by letter dated 14 July 2003. Information from the Government dated 25 June, 7 July and 30 December 2003 was received by the Special Rapporteur. 269. Recommendation (a) stated: First and foremost, the highest authorities need to publicly condemn torture in all its forms. The highest authorities, in particular those responsible for law enforcement activities, should declare unambiguously that they will not tolerate torture and similar ill-treatment by public officials and that those in command at the time abuses are perpetrated will be held personally responsible for the abuses. The authorities need to take vigorous measures to make such declarations credible and make clear that the culture of impunity must end. 270. Recommendation (b) stated: The Government should amend its domestic penal law to include the crime of torture the definition of which should be fully consistent with article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and supported by an adequate penalty. 271. The Oliy Majlis (Parliament) during its session of 29 and 30 August 2003 adopted amendments to the Criminal Code. In this context, article 235 has been amended and is now entitled “Use of torture and other cruel, inhuman and degrading treatment and punishment”. It forbids the use of torture and other types of ill-treatment against any person, in line with article 1 of the Convention against Torture, and provides for adequate punishment. After signature by the President and publication, the new law will enter into force. 272. A decree has been adopted which establishes a new Department for Human Rights within the Ministry of Justice. The main task of the Department will be to review the conformity of national legislation with international human rights instruments, with a view to submitting recommendations to relevant government bodies to change and amend existing legislation. 273. Recommendation (c) stated: The Government should also amend its domestic penal law to include the right to habeas corpus, thus providing anyone who is deprived of his or her liberty by arrest or detention the right to take proceedings before an independent judicial body which may decide promptly on the lawfulness of the deprivation of liberty and order the release of the person if the deprivation of liberty is not lawful. 274. Recommendation (d) stated: The Government should take the necessary measures to establish and ensure the independence of the judiciary in the performance of their duties in conformity with international standards, notably the United Nations Basic Principles on the Independence of the Judiciary. Measures should also be taken to ensure respect for the principle of the equality of arms between the prosecution and the defence in criminal proceedings.