Death_Penalty_2005_nowy.qxd
2005-09-08
17:00
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THE DEATH PENALTY IN THE OSCE AREA
Relatives
Relatives are not informed in advance of the date of execution. The body is
not returned, and the place of burial is not disclosed.162 Following his mission to
Uzbekistan, the special rapporteur on torture expressed serious concern regarding
the situation of the relatives of people sentenced to death: “The complete secrecy
surrounding the date of execution, the absence of any formal notification prior to
and after the execution and the refusal to hand over the body for burial are
believed to be intentional acts, fully mindful of causing family members turmoil,
fear and anguish over the fate of their loved ones. The practice of maintaining
families in a state of uncertainty with a view to punishing or intimidating them or
others must be considered malicious and amounting to cruel and inhuman
treatment.”163
In its concluding observations on the second periodic report submitted by
Uzbekistan, the UN Human Rights Committee remained concerned that, “when
prisoners under sentence of death are executed, the authorities systematically fail
to inform the relatives of the execution, defer the issuance of a death certificate
and do not reveal the place of burial of the executed persons”. The Committee
stated that, “these practices amount to a violation of article 7 of the Covenant
[prohibition against torture or other ill-treatment] with respect to the relatives of the
executed persons”. The Committee urged Uzbekistan to change its practice in this
regard in order to comply fully with the Covenant’s provisions.164
162
163
164
This information is regarded as a state secret in accordance with Resolution of the Cabinet of
Ministers of the Republic of Uzbekistan No. 239-33 “On measures of protection of state secrets of
the Republic of Uzbekistan”, 5 May 1994, and article 140 of the Criminal Executive Code.
Op. cit., Note 153.
Concluding observations of the Human Rights Committee: Uzbekistan, CCPR/CO/83/UZB, 26 April
2005, Paragraph 8.
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