A/69/44
(b)
Take all necessary measures to ensure that all human rights defenders
are able to conduct their work and activities freely and effectively;
(c)
Investigate promptly, thoroughly and impartially all allegations of
harassment, arbitrary arrest, denial of adequate medical treatment and torture or illtreatment of human rights defenders, including those listed above, prosecute and
punish appropriately those found guilty, and provide the victims with redress;
(d)
Release from detention human rights defenders who are imprisoned and
in detention in retaliation for their human rights work.
Investigation and prosecution of acts of torture and ill-treatment
(9)
The Committee is deeply concerned at the failure of the authorities to carry out
prompt, effective and independent investigations into allegations of torture and ill-treatment
by public officials, including in the cases of Erkin Musaev, Batyrbek Eshkuziev, Bahrom
Ibragimov, Davron Kabilov, Ravshanbek Vafoev, Ruhiddin Fahrutdinov, Gayrat
Mehliboev, Rustam Usmanov, Vahit Gunes, Zahid Umataliev, Norboy Kholjigitov and
Yusuf Jumaev. While noting the responses of the State party to cases of alleged violations
of the Convention, the Committee reiterates its concern that the State party presented
extensive detail on the alleged crimes committed by the complainants and not on any State
party investigations into these allegations of torture (arts. 12, 13 and 16).
The State party should provide further specific information regarding the steps taken
to investigate the instances of alleged torture and ill-treatment raised by the
Committee. The State party should provide the Committee with current data on the
number of complaints received alleging torture and ill-treatment by law enforcement
and other public officials, the number investigated by the State party, any
prosecutions brought and any resulting convictions and sentences. The State party
should also provide the Committee with data on cases in which officials were
subjected to disciplinary measures for failure to investigate complaints of torture or
ill-treatment adequately or for refusal to cooperate in investigating any such
complaint.
Definition of torture and amnesties for torture
(10) The Committee remains concerned that, because the definition in article 235 of the
criminal code restricts the prohibited practice of torture to the actions of law enforcement
officials and does not cover acts by “other persons acting in an official capacity”, including
those acts that result from the instigation, consent or acquiescence of a public official, it
does not contain all the elements of article 1 of the Convention. The Committee welcomes
the information that the Supreme Court issued decisions in 2004 and 2008 indicating that
courts should use the definition of torture in article 1 of the Convention, but is concerned at
reports that judges, investigators and law enforcement personnel continue to apply only the
criminal code. The Committee is further concerned that the State party continues to award
amnesties to individuals who have been convicted of violating article 235 of the criminal
code (arts. 1 and 4).
The Committee reiterates its previous recommendation that the State party adopts in
its criminal code a definition of torture that reflects all of the elements contained in
article 1 of the Convention. The State party should ensure that persons who act in an
official capacity, as well as officials who consent to or acquiesce in torture perpetrated
by third parties, are classified under the law as perpetrators of torture rather than, as
is presently the case, persons who aid and abet torture. The practice of granting
amnesties to persons convicted of torture or ill-treatment should be abolished, as
outlined by the Committee in its general comments Nos. 2 (2007) on the
implementation of article 2 by States parties and 3 (2012) on the implementation of
GE.14-12596
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