E/CN.4/2006/6/Add.2
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enforcement organs in torture and executions had been groundless, which makes it clear that
these organisations often rely on unreliable sources.
360. Recommendation (h) stated: In addition, independent non-governmental
investigators should be authorized to have full and prompt access to all places of detention,
including police lock-ups, pre-trial detention centres, Security Services premises,
administrative detention areas, detention units of medical and psychiatric institutions and
prisons, with a view to monitoring the treatment of persons and their conditions of
detention. They should be allowed to have confidential interviews with all persons
deprived of their liberty.
361. According to NGOs, no independent human rights organization has access to places of
detention.
362. The Government informed that between October 2004 and December 2005, international
and local NGOs conducted 15 visits of penitentiary institutions under the Ministry of Interior.
Eight of them were done by the International Committee of the Red Cross in accordance with the
relevant agreement of 17 January 2001. On 30 November 2004, the instruction, “On the
Organisation of Visits of Places of Detention by Representatives of the Diplomatic Corps,
International and Local Non-governmental Organisations and Media Representatives”, entered
into force. On 16 October 2004, the Regional Advisor of the UN High Commissioner for Human
Rights in Central Asia, Mr. R. Mullerson visited Jaslyk in order to assess the conditions of
detention of persons on death row. Between 23 and 31 October 2004, the Independent Expert of
the UN Commission on Human Rights, Mr. L. Guseinov visited several institutions (UYA 64/18,
UYA 64/IZ-1 (Tashkent) and UYA-64/25). On 11 November 2004 representatives of Freedom
House visited UYA-64/T-1 in Andijan. Several other visits to different places of detention were
conducted by diplomats, representatives of international organisations, Human Rights
Commissioners of other Commonwealth of Independent States, journalists. Some local NGOs
(Pravovoy Trening Centr, Intililish, Institut Zhenshchina I Obshchestvo, Oblastnoy Centr
Socialnoy Adaptacii i Repruduktivnogo Zdorovya Zhenshchin) conducted monitoring projects
around specific topics, such as urgent access to medical services, and the compliance of national
legislation with international norms in the area of female prisoners.
363. Recommendation (i) stated: Magistrates and judges, as well as procurators, should
always ask persons brought from MVD or SNB custody how they have been treated and be
particularly attentive to their condition, and, where indicated, even in the absence of a
formal complaint from the defendant, order a medical examination.
364. According to NGOs, every public prosecutor is obliged to take an interest in the
condition of the persons delivered to a place of detention. However, these persons meet with the
public prosecutor only at one occasion: when it is decided whether the arrest should be
sanctioned, which is done by the prosecutor. Moreover, the only punishment foreseen for
officers violating internal instructions is dismissal. It is therefore necessary to consider
introducing criminal responsibility (e.g. the offence of negligence) of officials (e.g.
representatives of the Office of the Prosecutor, courts, IVSs and SIZOs, and interrogators and
investigators) for not asking detainees about their condition, examining their state of health,
documenting the findings, and ordering, when necessary, the conduct of a medical
expertise. Judges rarely pay attention to how the persons brought before them from the places of
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