CAT/C/UZB/CO/5
national preventive mechanism, and do not condition eligibility for participation in
the expert group on affiliation with a registered non-governmental organization;
(e)
Take measures to ensure that members of the expert group are protected
from intimidation and reprisals and have security of tenure apart from the
ombudsman such that the appointment of a new ombudsperson would not result in
their automatic dismissal;
(f)
Ensure that the national preventive mechanism is able to visit all places
of deprivation of liberty, as set out in article 4 of the Optional Protocol, including all
places where the State exercises effective control and other places that persons do not
have the freedom to leave, and that State agencies are required to act on the
recommendation of the envisaged monitoring mechanism and that any official who
attempts to impede work of the monitoring mechanism is punished.
National human rights institution
47.
The Committee is further concerned that the national centre for human rights and the
human rights commissioner of the Oliy Majlis (the ombudsman), are not in compliance
with the principles relating to the status of national institutions for the promotion and
protection of human rights (the Paris Principles) or accredited with the Global Alliance of
National Human Rights Institutions and that the office of the ombudsman lacks the human
and financial resources to effectively carry out its mandate as a national human rights
institution in all parts of the country (art. 2).
48.
The State party should:
(a)
Strengthen the office of the ombudsman so that it can effectively carry
out its mandate in all parts of the country, and provide it with adequate human,
financial and institutional resources, in line with the Paris Principles, so that it can
fully reflect the recommendations for accreditation by the Global Alliance of National
Human Rights Institutions;
(b)
Ensure the implementation of the ombudsman’s recommendations –
including with respect to awards of redress to victims, the prosecution of perpetrators
and the improvement of treatment and material conditions in places of deprivation of
liberty – and publish his reports;
(c)
Ensure that the national centre for human rights functions effectively,
reinforces protections under the international instruments to which Uzbekistan is a
party and is in compliance with the Paris Principles.
Redress
49.
The Committee is concerned that while article 15 of the Civil Code allows courts to
order compensation for the losses that are caused by State officials, this provision has to
date not been applied to cases of torture. The Committee is concerned that the State party
did not indicate whether victims of torture had received medical or psychosocial
rehabilitation. The Committee is also concerned that the State party has not established a
fund to assist victims of torture and ill-treatment (arts. 2 and 14).
50.
The Committee reiterates its recommendation (CAT/C/UZB/CO/4, para. 20)
that the State party should ensure that victims of torture and ill-treatment obtain
redress, including the means for as full a rehabilitation as possible, as set out in its
general comment No. 3 (2012). In particular, the State party should take measures to
ensure that persons who have been released from detention following the change in
Government are able to seek and obtain redress for torture and ill-treatment.
Forced labour
51.
Notwithstanding the measures resulting in the memorandum of understanding
between Uzbekistan and ILO in 2017, and while welcoming the President’s public
affirmation of the need to end forced labour in the cotton sector, the Committee remains
concerned at reports that an estimated 170,000 adults were forced to work during the 2018
cotton harvest and that many individuals faced hazardous working conditions and
substandard living conditions. In this regard, the Committee notes reports that prisoners of
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