E/CN.4/2003/68/Add.2
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General Procurator informed the Special Rapporteur that his Office not only was undertaking
preventive visits to places of detention, but was also working closely with the International
Committee of the Red Cross (ICRC) and human rights organizations, including international
ones. He said that organizations were visiting places of detention and thus monitoring the
treatment of persons deprived of liberty and their conditions of detention, but he failed to name
them. He expressed the hope that this work would lead to positive results in due course.
2. The Ombudsman’s Office
31.
Pursuant to the 1997 “Law on the Republic of Uzbekistan on the Authorized Person of
the Oliy Majlis (Parliament) for Human Rights Ombudsman”, the Ombudsman3 is charged with
the monitoring of human rights law. Her work encompasses four areas of activity: the
improvement of legislation in the field of human rights; the investigation of human rights
complaints and restitution; the provision of (public) information relating to human rights; and
cooperation at the international level. She indicated to the Special Rapporteur that she was
paying particular attention to vulnerable persons, including detainees, and had carried out visits
to detention centres on the basis of complaints received. In 2002, visits had been carried out to a
women’s and a children’s colony.
32.
During the meeting with the Ombudsman, the overall responsibility of the General
Procurator’s Office regarding the investigation of alleged illegal actions by law enforcement
officials was reiterated. In 2001, an agreement on the collaboration between the Ombudsman’s
and the General Procurator’s Offices was reached with a view to enhancing their cooperation in
dealing with complaints and restoring citizens’ rights. According to the 2001 Ombudsman’s
report, 54 per cent of the total number of complaints, i.e. 4,472, were connected with the
functioning of the court and law enforcement bodies. They included cases concerning
unjustified prolonged investigation of cases, procrastination, unlawful actions by law
enforcement officials, contradictory court verdicts or failure to execute them, illegal methods of
investigation, violations of the right to counsel for persons under investigation.4 For the
first 11 months of 2002, the Ombudsman had received only six complaints regarding unlawful
acts of law enforcement agencies. She stated that as a result of the review of these complaints,
criminal cases had been suspended, public officials had been dismissed and investigations had
taken place.
33.
The Ombudsman stressed that her work needed to be more effective, and she expressed
the hope that a new draft law under consideration would give her the right to protest unlawful
actions of law enforcement officials and to draw conclusions in cases she would submit to the
relevant public authorities, including the General Procurator’s Office. She regretted her Office’s
lack of financial and personnel resources and noted that other State authorities did not always
cooperate fully and did not share all relevant information.
II. THE PRACTICE OF TORTURE: SCOPE AND CONTEXT
A. General issues
34.
In recent years, the Special Rapporteur had received information according to which
torture is widespread and targets persons suspected of having committed ordinary crimes as well
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