A/HRC/4/33/Add.2 Page 128 722. Recommendation (s) stated: Relatives of persons sentenced to death should be treated in a humane manner with a view to avoiding their unnecessary suffering due to the secrecy and uncertainty surrounding capital cases. It is further recommended that a moratorium be introduced on the execution of the death penalty and that urgent and serious consideration be given to the abolition of capital punishment. 723. According to information received from NGOs and other sources, a Presidential Decree of 1 August 2005 announced that the death penalty is to be abolished in Uzbekistan as of 1 January 2008. No moratorium was put in place for the period until 1 January 2008. 724. The Government informed that, since Uzbekistan became independent, the criminal justice system has constantly been humanised and liberalised. Whereas in 1994, there were 33 articles carrying the death penalty, currently there are only two, namely terrorism and aggravated homicide, which is in accordance with the provisions of article 6 of the International Covenant on Civil and Political Rights (ICCPR). Also with regard to these crimes, the death penalty is not mandatory, but there are alternative punishment measures. By law, the death penalty cannot be applied to men older than 60, women (irrespective of age) or juvenile offenders (also in accordance with ICCPR). The death penalty is only used in circumstances aggravating responsibility and in connection with particularly dangerous persons who have committed aggravated crimes linked to the numerous human losses. 725. In accordance with article 138 of the Penitentiary Code, a convict can apply for clemency after the court decision enters into force, which is in compliance with the relevant provisions of ICCPR. Article 140 of the CriminalProcedure Code governs the order of execution of death sentences and provides that the organ that has executed the sentence has to inform the court that has issued the sentence, and that the latter has to inform the relatives of the convict. This norm is strictly observed. 726. In recent years, no death sentence, as criminal punishment, has been pronounced. However, with a view to international law, the right to life proclaimed Constitution of Uzbekistan, and in keeping with the principle of humanising criminal law, on 1 August 2005, the President issued the Decree “On the Abolition of the Death Penalty,” which provides for abolition starting from 1 January 2008. It should be underlined that it provides for the complete abolition and not only a moratorium. Amendments to the three Codes are being prepared. The Government is aware that efforts with regard to awareness-raising have to be made. It needs to be stressed that since the adoption of the presidential decree, with a view to general principles and norms of international law and provisions of the Constitution of Uzbekistan, no death sentence was executed. 727. Recommendation (t) stated: The Government should give urgent consideration to closing Jaslyk colony which by its very location creates conditions of detention amounting to cruel, inhuman and degrading treatment or punishment for both its inmates and their relatives. 728. Recommendation (u) stated: All competent government authorities should give immediate attention and respond to interim measures ordered by the Human Rights Committee and urgent appeals dispatched by United Nations monitoring mechanisms regarding persons whose life and physical integrity may be at risk of imminent and irreparable harm.

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