16
MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
effectiveness of its decisions on the merits (see, among other authorities, the
following orders: 1 August 1991, Chunimá v. Guatemala; 2 July and
13 September 1996, 11 November 1997 and 3 February 2001, Loayza
Tamayo v. Peru; 25 May and 25 September 1999, 16 August and
24 November 2000, and 3 September 2002, James et al. v. Trinidad and
Tobago; 7 and 18 August 2000, and 26 May 2001, Haitians and Dominican
nationals of Haitian origin in the Dominican Republic v. the Dominican
Republic; 10 August and 12 November 2000, and 30 May 2001, Alvarez et
al. v. Colombia; see also the judgment of 21 June 2002, Hilaire,
Constantine, Benjamin et al. v. Trinidad and Tobago).
In two orders requiring provisional measures, the Inter-American Court
of Human Rights ruled that the States Parties to the American Convention
on Human Rights “must fully comply in good faith (pacta sunt servanda)
with all of the provisions of the Convention, including those relative to the
operation of the two supervisory organs of the American Convention [the
Court and the Commission]; and that, in view of the Convention's
fundamental objective of guaranteeing the effective protection of human
rights (Articles 1 § 1, 2, 51 and 63 § 2), States Parties must refrain from
taking actions that may frustrate the restitutio in integrum of the rights of
the alleged victims” (see the orders of 25 May and 25 September 1999 in
James et al. v. Trinidad and Tobago).
IV. BRIEFING AND REPORT OF AMNESTY INTERNATIONAL ON
UZBEKISTAN
54. As regards the situation in Uzbekistan at the material time, Amnesty
International stated in a briefing for the United Nations Committee against
Torture that was made public in October 1999:
“... Amnesty International remains concerned that Uzbekistan has failed to
implement its treaty obligations fully despite numerous, wide-ranging and officially
endorsed national initiatives in the fields of human rights education and
democratisation and judicial and legislative reforms aimed at bringing national
legislation into line with international standards.
Since December 1997, when several murders of law enforcement officials in the
Namangan region sparked a wave of mass detentions and arrests, the organisation has
received a growing number of reports of ill-treatment and torture by law enforcement
officials of people perceived to be members of independent Islamic congregations or
followers of independent imams (Islamic leaders). Hundreds of these so-called
'Wahhabists' were sentenced to long terms of imprisonment in trials that fell far short
of international fair trial standards. The organisation's concern was heightened in
February 1999 when hundreds of people, men and women, were detained following a
reported six bomb explosions in the capital Tashkent. This time the list of those
reported to have been arrested, ill-treated and tortured included suspected supporters
of the banned political opposition parties and movements Erk [Freedom] and Birlik
[Unity], including family members and independent human rights monitors, as well as
alleged supporters of banned Islamic opposition parties and movements, such as Hizb-
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