A/68/44 Allegations of torture and ill-treatment (9) The Committee is seriously concerned about numerous and consistent allegations, corroborated by various sources, of routine use of torture and ill-treatment of suspects, principally to extract confessions to be used in criminal proceedings, primarily during the first hours of interrogation in police custody as well as in temporary and pretrial detention facilities run by the State Committee of National Security and the Department for the Fight against Organized Crime (arts. 2, 10, 11, 12, 13, 15 and 16). As a matter of urgency, the State party should take immediate and effective steps to eradicate and prevent acts of torture and ill-treatment throughout the country, particularly in police custody and in temporary and pretrial detention facilities run by the State Committee of National Security and the Department for the Fight Against Organized Crime. The Committee further urges the State party to: (a) Promptly, effectively and impartially investigate all incidents and allegations of torture and ill-treatment; (b) Prosecute those who are found to be responsible, and report publicly on the outcomes of such prosecutions; (c) Maintain video recordings of all interrogations and install video surveillance in all areas of custody facilities where detainees may be present, except in cases where detainees’ right to privacy or to confidential communication with their lawyer or a doctor may be violated. Such recordings should be kept in secure facilities and be made available to investigators, detainees and their lawyers; (d) Unambiguously reaffirm the absolute prohibition of torture and publicly warn that anyone committing such acts or otherwise complicit or acquiescent in torture will be held personally responsible before the law for such acts and will be subject to criminal prosecution and appropriate penalties. Deaths in custody (10) The Committee is concerned at reports from the State party and non-governmental organizations on several instances of deaths in custody, including the deaths of Ismonboy Boboev, Usman Boboev, Khurshed Bobokalonov, Alovuddin Davlatov, Murodov Dilshodbek, Hamza Ikromzoda, Khamzali Ikromzoda, Safarali Sangov, Bahromiddin Shodiev and at the lack of effective and impartial investigations into these cases (arts. 2, 12 and 16). The Committee urges the State party to promptly, impartially and effectively investigate all deaths of detainees, assess any liability of public officials, ensure punishment of perpetrators, and provide compensation to the families of the victims. The Committee requests that the State party provide comprehensive updated information on all reported cases of deaths in custody, including location, cause of death and results of any investigations conducted into such deaths, including punishment of perpetrators and compensation provided to relatives of victims. Investigations and impunity (11) The Committee is deeply concerned that allegations of torture and ill-treatment are not promptly, impartially or effectively investigated and prosecuted, thus creating a climate of impunity. The Committee is further concerned that under article 28(1) of the CPC, a court, judge, prosecutor, or an investigator may terminate criminal proceedings and exempt the person in question from criminal liability. Such actions can be taken on the basis of repentance, conciliation with the victim, change of circumstances, or expiration of the period of statute of limitation for criminal prosecution (arts. 2, 12, 13 and 16). 78 GE.13-46043

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