E/CN.4/2006/6/Add.2
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“Human Rights – a Priority of the Prosecutor’s Office”; and on 12 November 2005, on
“Guaranteeing Human Rights and Freedoms During Investigation and Trial.”
383. Recommendation (p) stated: Serious consideration should be given to amending
existing legislation to place correctional facilities (prisons and colonies) and remand centres
(SIZOs) under the authority of the Ministry of Justice.
384.
According to NGOs, this transfer has not yet taken place.
385.
The Government informed that this problem is being discussed by experts and academics.
386. Recommendation (q) stated: Where there is credible evidence that a person has been
subjected to torture or similar ill-treatment, adequate reparation should be promptly given
to that person; for this purpose a system of compensation and rehabilitation should be put
in place.
387. According to NGOs, there have not been any cases of compensation to the victims of
torture.
388. The Government informed that according to the Supreme Court there have not been any
cases of compensation. However, legislation provides for compensation (i.e. articles 985 to 991
of the Civil Code describe the procedure for compensation for moral and material damage to
victims of torture or other cruel forms of treatment). The same right is also anchored in the
Resolution of the Supreme Court’s Plenary of 28 April 2000 “On Questions of Applying the Law
on Compensation for Moral Damage.”
389. Recommendation (r) stated: The Ombudsman’s Office should be provided with the
necessary financial and human resources to carry out its functions effectively. It should be
granted the authority to inspect at will, as necessary and without notice, any place of
deprivation of liberty, to publicize its findings regularly and to submit evidence of criminal
behaviour to the relevant prosecutorial body and the administrative superiors of the public
authority whose acts are in question.
390. According to NGOs, a new law was adopted, however, they did not see any real changes
resulting from it.
391. The Government informed that, in accordance with art. 14 of the law “On the Human
Rights Commissioner of the Oliy Majlis of the Republic of Uzbekistan,” the Commissioner,
when reacting to citizens’ complaints and when examining violations of rights and freedoms and
legal interests of the citizens on his/her own initiative, has the right to: ask organizations and
officials for cooperation in the conduct of an investigation of the circumstances in question;
invite representatives of organizations and officials to conduct an investigation of the
circumstances in question; ask for and receive documents, materials and other testimonies from
organizations and officials; receive explanations from officials; entrust organizations and experts
with the preparation of conclusions of issues in question; conduct meetings and interviews with
an arrested or detained person; and petition relevant bodies on bringing to justice perpetrators of
human rights violations. In accordance with art. 15 of the law, officials are obliged to put the
requested documents, materials and other information relating to violations of rights, freedoms
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