CAT/C/UZB/CO/3
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The State party should provide specific training to its medical personnel dealing
with detainees on how to identify signs of torture and ill-treatment and ensure that
the Istanbul Protocol of 1999 (Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment) becomes an integral part of the training provided to physicians and
others involved in health care of detainees.
In addition, the State party should develop and implement a methodology to assess
the effectiveness and impact of its training/educational programmes on cases of
torture and ill-treatment and provide information about gender specific trainings.
Compensation and rehabilitation
18.
Noting the State party’s information about victims’ rights to material and moral
rehabilitation envisaged in the Criminal Procedure Code and the Civil Code, the Committee is
concerned at the lack of examples of cases in which the individual received such compensation,
including medical or psychosocial rehabilitation.
The State party should provide compensation, redress and rehabilitation to victims,
including the means for as full rehabilitation as possible and provide such assistance
in practice.
Independence of the judiciary
19.
The Committee remains concerned that there is a lack of security of tenure of judges, that
the designation of Supreme Court judges rests entirely with the Presidency, and that lower level
appointments are made by the executive which re-appoints judges every five years.
The State party should guarantee the full independence and impartiality of the
judiciary, inter alia, by guaranteeing judges’ security of tenure.
Evidence obtained through torture
20.
While appreciating the frank acknowledgement by the representatives of the State party
that confessions under torture have been used as a form of evidence in some proceedings, and
notwithstanding the Supreme Court’s actions to prohibit the admissibility of such evidence, the
Committee remains concerned that the principle of non-admissibility of such evidence is not
being respected in every instance.
The State party should take immediate steps to ensure that in practice evidence
obtained by torture may not be invoked as evidence in any proceedings. The
Committee reiterates its previous recommendation that the State party should
review cases of convictions based solely on confessions, recognizing that many of
these may have been based upon evidence obtained through torture or ill-treatment,
and, as appropriate, provide prompt and impartial investigations and take
appropriate remedial measures.
Violence against women
21.
The Committee is concerned by reports of cases of violence against women, including in
places of detention and elsewhere, and notes the lack of information about prosecutions of
persons in connection with cases of violence against women.