CAT/C/UZB/CO/5
(b)
Ensure that all victims of gender-based violence, including domestic
violence, have access to medical and legal services, including counselling, redress and
rehabilitation, as well as to shelters throughout the country;
(c) Amend its legislation to include marital rape, a form of domestic violence,
as a specific crime in the criminal code entailing ex officio prosecutions;
(d)
Ensure that all cases of gender-based violence against women and girls
are thoroughly investigated, that the alleged perpetrators are prosecuted and, if
convicted, are punished appropriately, and that the victims receive redress, including
adequate compensation;
(e)
Monitor the effectiveness of complaints mechanisms, including the
domestic violence hotline;
(f)
Provide mandatory training for police and other law enforcement
officials, prosecutors, judges, and social and medical workers on how to identify and
effectively protect victims of gender-based violence, including domestic violence;
(g)
Compile statistical data, disaggregated by the age and ethnicity of the
victims and their relationship to the perpetrator, on domestic, sexual and other forms
of violence against women, including marital rape, and on the number of complaints,
investigations, prosecutions and convictions of perpetrators and sentences handed
down.
Forced renditions and extraditions
57.
The Committee is concerned at reports that national security officers have continued
to engage in secret renditions from abroad and that many of the persons abducted or
forcibly returned have been subjected to incommunicado detention, including in
undisclosed locations, and have allegedly been tortured and ill-treated in order to obtain
confessions to crimes or to incriminate others. In this regard, the Committee is concerned
that the State party has secured the return of 542 individuals labelled as opponents between
January 2015 and July 2016, through extradition proceedings or otherwise, including the
reported use of diplomatic assurances (arts. 2, 3, 5–7 and 16).
58.
The State party should ensure that independent monitors can conduct
confidential visits with all persons who have been the subject of an international
transfer to Uzbekistan and that such persons have access to effective complaints
mechanisms. It should also ensure that the trials of all persons who have been forcibly
returned to Uzbekistan respect international human rights standards and that such
persons are able to enjoy, from the very outset of their deprivation of liberty, all
fundamental legal safeguards as set out in paragraphs 29 and 30.
Safeguards on non-refoulement
59.
While noting the presidential decree on the approval of the regulation on the
procedure for granting political asylum of May 2017, which provides a legal avenue to seek
asylum in the State party, the Committee is concerned that there are no other national
mechanisms governing the treatment of asylum seekers and refugees in the State party and
that limited information is available concerning the implementation of the presidential
decree (arts. 2, 3, 12, 13 and 16).
60.
The State party should collect and publish data on the implementation of the
presidential decree with regard to the procedure for granting political asylum; take
measures to establish a comprehensive national asylum system that is in conformity
with international standards and which provides all individuals under the State
party’s jurisdiction with an in-country right to appeal an expulsion order in order to
determine whether there are substantial grounds for believing that they would be at
risk of being subjected to torture; and establish an early detection system for victims
of torture and ill-treatment. It should seek the assistance of the United Nations High
Commissioner for Refugees in taking these measures and should consider ratifying
the Convention relating to the Status of Refugees and its 1967 Protocol.
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