E/CN.4/2006/6/Add.2
page 78
369. Recommendation (k) stated: Confessions made by persons in MVD or SNB custody
without the presence of a lawyer/legal counsel and that are not confirmed before a judge
should not be admissible as evidence against persons who made the confession. Serious
consideration should be given to video and audio taping of proceedings in MVD and SNB
interrogation rooms.
370. According to NGOs, the courts continue to accept confessions that were obtained under
torture.
371.
The Government reiterated the response in para. 358.
372. Recommendation (l) stated: Legislation should be amended to allow for the
unmonitored presence of legal counsel and relatives of persons deprived of their liberty
within 24 hours. Moreover, law enforcement agencies need to receive guidelines on
informing criminal suspects of their right to defence counsel.
373. The Government informed that to guarantee the respect for the rights of arrested and
accused persons, the Main Investigation Department of the Ministry of Interior, in March 2003,
together with the Presidium of the Collegiums of Advocates of Tashkent, elaborated and adopted
regulations “On Guaranteeing the Right to Legal Defence of Detained, Suspected and Accused
Persons.” The regulations provide for the participation of defence lawyers in criminal cases,
describe mechanisms for providing free legal aid, establish a procedure for renouncing defence
counsel, as well as a procedure for filing complaints about violations of the right to legal
defence.
374. Recommendation (m) stated: Given the numerous reports of inadequate legal counsel
provided by State-appointed lawyers, measures should be taken to improve legal aid
service, in compliance with the United Nations Basic Principles on the Role of Lawyers.
375. According to NGOs, the present provision requiring the presence of a legal counsel at the
first interrogation has not changed. However, this does not mean that the presence of a legal
counsel during the 24 hours after detention is ensured. Concerning the recommended changes to
improve the legal aid service, no amendments were introduced into legislation.
376. The Government informed that at the moment, the Ministry of Justice, together with
some representatives of the bar are elaborating a concept paper on the reform of the bar, where a
series of complex and targeted measures aimed at effectively resolving the bar’s tasks as an
important part of civil society and of a civilised judicial system are detailed. Regulations about
defence lawyers’ aides, and about the qualification commissions under the Ministry of Justice
are being elaborated. On 8 June 2005, the Minister of Justice issued decree No. 92 “On
Perfecting the Bar’s Functioning.” It aims at improving the professional training of defence
lawyers by introducing amendments to the law “On the Bar,” concerning the requirement for an
internship and membership in the Association of the Bar. Furthermore, it aims at strengthening
the material and equipment situation of bar associations, including payment for legal aid
services; and monitoring whether the State respects the rights of defence lawyers in the exercise
of their profession. It also foresees that defence lawyers, at their own cost, upgrade their
qualification in the Republican Training Centre for Jurists.
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