A/69/44
counsel or to prompt presentation before a judge. Taking into account the consistency of the
information received, the Committee regrets the assertion by the State party that it had
detected no case in which officials failed to provide safeguards for persons deprived of their
liberty during the reporting period and that as a result, no officials have been subject to
disciplinary or other measures for such conduct (arts. 2, 11, 12, 13, 15 and 16).
The State party should immediately adopt measures to ensure in law and practice that
every person deprived of his or her liberty, including pursuant to the domestic
administrative law, is afforded legal safeguards against torture from the outset of
detention. The State party should:
(a)
Ensure that all individuals deprived of their liberty have prompt and
unimpeded access to a lawyer of their choice independent of State authority, that they
obtain, at their request, immediate access to an independent medical examination,
that they may, at their request, contact a family member and that they are informed
of their rights and the charges against them;
(b)
Ensure that the State party monitors the provision of safeguards by all
public officials to persons deprived of their liberty, including by requiring that the
relevant information be documented in detention registers and that the compliance of
officials with these reporting requirements be monitored;
(c)
Ensure that any public official who denies fundamental legal safeguards
to persons deprived of their liberty is disciplined or prosecuted and provide data to
the Committee on the number of cases in which public officials have been disciplined
for such conduct;
(d)
Consider taking measures to ensure the videotaping of all interrogations
in police stations and detention facilities as a preventive measure.
Independence of lawyers
(14) The Committee is concerned at the information received that the Chamber of
Advocates is not sufficiently independent from the Ministry of Justice and that this has had
a negative impact on the independence of the legal profession. The Committee is also
concerned that a legislative change in 2009 requiring all attorneys to undergo recertification
every three years has in practice resulted in denial of licences to several attorneys who
previously represented individuals allegedly subjected to torture, including Ruhiddin
Komilov, Rustam Tyuleganov and Bakhrom Abdurakhmanov (art. 2).
The State party should take steps to ensure the independence of lawyers and consider
amending its legislation to ensure full independence of the Chamber of Advocates
from the Ministry of Justice, in particular removing the authority of the Ministry to
appoint and remove the Chair of the Chamber. The State party should consider
amending the requirement that lawyers obtain recertification to practise every three
years.
Application of habeas corpus provisions
(15) The Committee welcomes the introduction of habeas corpus provisions in domestic
legislation. However, it is concerned that judges are not permitted to assess the legality of
detention, that the participation of defence lawyers in habeas corpus hearings is not
mandatory, that such hearings are reportedly closed and that the 72-hour period in which a
person may be detained before being brought before a judge exceeds the 48-hour period
recommended by the Committee. Moreover, the Committee is concerned by reports that
officials frequently exceed the allowable time period in practice, including by detaining
individuals on administrative charges or recording the time or date of detention incorrectly
(arts. 2, 11, 12, 13, 15 and 16).
GE.14-12596
85
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