E/CN.4/2006/6/Add.2
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354. Recommendation (f) stated: Any public official indicted for abuse or torture should
be immediately suspended from duty pending trial.
355. According to NGOs, the inter-departmental working group established by Resolution No.
112-F of the Cabinet of Ministers of 24 February 2004, concerning the monitoring of human
rights by law enforcement bodies, does not include representatives of independent NGOs, and its
reports were not published in the mass media. With regard to the question of dismissing law
enforcement officials from their posts, there is no information on how investigations of cases on
the use of torture are conducted.
356. According to the Government, the NGO representative in the inter-departmental working
group is from the “Izhimoiy Fikr”. The press reports on all meetings of the working group. In
March 2004 the text of the Programme of Measures taken in response to the recommendations of
the Special Rapporteur was published in the journal “Khaet va konun” and distributed during the
high-level segment discussions of the 60th Session of the UN Commission on Human Rights.
357. Recommendation (g) stated: The Ministry of Internal Affairs and the National
Security Service should establish effective procedures for internal monitoring of the
behaviour and discipline of their agents, in particular with a view to eliminating practices
of torture and similar ill-treatment. The activities of such procedures should not be
dependent on the existence of a formal complaint.
358. According to NGOs, no high-level state officials were brought to justice or punished in
connection with torture. At the same time, there is reliable information about the continuation of
massive practice of torture by law-enforcement bodies. It would be a crucial improvement if the
investigation of every single violation of human rights by law-enforcement bodies were carried
out and widely reported in the mass media. This would help to put an end to the impunity among
law enforcement bodies.
359. The Government informed that the Ministry of Interior makes an assessment of every
violation of the law, usually followed by the dismissal of the guilty person. For disciplinary
incidents connected with the topic under consideration, in 2004/2005, two staff members of the
Interior Ministry were found guilty of having violated article 235 of the Criminal Code (e.g. in
2004, an inspector from Kokand, Abduzhali Yusupov, and in 2005, Ikbol Nadzhimov from
Andijan). These trials were public. The superiors, in whose teams such violations happen, bear
the disciplinary responsibility, which can lead to demotion and dismissal. Materials related to the
internal investigation of torture allegations are being discussed at all meetings of lawenforcement organs. The reasons and enabling conditions are analysed and eliminated. Special
plans on organisational and educational measures are elaborated in order to prevent similar
incidents in the future. To improve the populations’ legal awareness and guarantee access to
legal defence in order to counter illegal methods of investigation and interrogation, on 30
September 2005, the Minister of Interior created a new unit for the protection of human rights,
relations with international organisations and the public. The staff of the unit has the right to
examine complaints about illegal actions by staff members of the Interior Ministry, including
about torture. The Government is prepared to cooperate in the area of conducting independent
investigations of torture allegations. For example, in 2004, independent investigations were
conducted of the cases of Shelkovenko and Umarov. The results of both investigations showed
that the allegations of several international human rights NGOs about the involvement of law-
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