E/CN.4/2004/56/Add.3
page 46
282. Recommendation (g) stated: The Ministry of Internal Affairs and the National
Security Service should establish effective procedures for internal monitoring of the
behaviour and discipline of their agents, in particular with a view to eliminating practices
of torture and similar ill-treatment. The activities of such procedures should not be
dependent on the existence of a formal complaint.
283. The Government reported that over the last year disciplinary measures were applied with
regard to 192 personnel of investigation institutions found to have violated the terms of
legislation and obstructed the constitutional rights of citizens. Twenty-two of them were
dismissed from their posts, and 408 investigators of the Interior Ministry faced disciplinary
penalties, including 38 who were dismissed from their posts.
284. Moreover, due to mistakes by prosecutors and investigators in choosing the type of
punishment, 3,744 persons detained during preliminary investigations were released from
custody and another type of punishment with no imprisonment was applied to them.
285. During 2002 and 2003, based on protests by prosecutors, groundless court sentences
envisaging severe penalties were amended, and measures of punishment with regard
to 3,371 persons were mitigated. Additional measures were taken for the fair resolution
of appeals by detainees and prisoners, and almost half of 1,600 complaints were resolved by the
Public Prosecutor’s Office. Direct communication and personal talks by prosecutors with
prisoners now prove to be effective, and lead to measures against illegal acts committed by
officials. For example, over the last one and a half years, 3,433 acts by prosecutors eliminated
infringements of law.
286. Through the actions of prosecutors, as well as on the initiative of the Ministry of Internal
Affairs, 579 warders and employees of detention places were called to account. Fifteen of them
were fired from internal affairs agencies. Nine employees of prison establishments faced
criminal charges, and four of them were imprisoned.
287. Recommendation (h) stated: In addition, independent non-governmental
investigators should be authorized to have full and prompt access to all places of detention,
including police lock-ups, pre-trial detention centres, Security Services premises,
administrative detention areas, detention units of medical and psychiatric institutions and
prisons, with a view to monitoring the treatment of persons and their conditions of
detention. They should be allowed to have confidential interviews with all persons
deprived of their liberty.
288. The Government reported that the penitentiary establishments of Uzbekistan closely
cooperate with various international and national non-governmental and public organizations.
The penitentiary system works actively with the Ombudsman’s Office and the National Centre
for Human Rights, representatives of which make regular visits to penitentiaries and
monitor the protection of convicts’ rights as well as compliance with the norms of national
legislation.
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