CAT/C/UZB/CO/3
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access to legal counsel. This situation is exacerbated by the reported use of internal regulations
which in practice permit procedures contrary to published laws;
(c)
The failure to conduct prompt and impartial investigations into such allegations of
breaches of the Convention; and
(d)
Allegations that persons held as witnesses are also subjected to intimidation and
coercive interrogation and in some cases reprisals.
The State party should apply a zero-tolerance approach to the continuing
problem of torture, and to the practice of impunity. The State party should:
(a)
Publicly and unambiguously condemn practices of torture in all its
forms, directing this in particular to police and prison staff, accompanied by a
clear warning that any person committing such acts, or otherwise complicit or
participating in torture be held personally responsible before the law for such
acts and subject to criminal penalties;
(b)
Immediately adopt measures to ensure in practice prompt, impartial
and effective investigations into all allegations of torture and ill-treatment and
the prosecution and punishment of those responsible, including law
enforcement officials and others. Such investigations should be undertaken by
a fully independent body;
(c)
Bring all suspected perpetrators to justice in order to eliminate
impunity for law enforcement officials and others responsible for breaches of
the Convention; and
(d)
Ensure in practice that complainants and witnesses are protected
against any ill-treatment or intimidation as a consequence of his/her complaint
or any evidence given.
7.
The Committee is also concerned at the numerous allegations of excessive use of force and
ill-treatment by Uzbek military and security forces in the May 2005 events at Andijan which
resulted, according to the State party, in 187 deaths and according to other sources, 700 or more,
and in hundreds of others being detained thereafter. Notwithstanding the State party’s persistent
response to all allegations that the measures taken were in fact appropriate, the Committee notes
with concern the State party’s failure to conduct full and effective investigations into all claims
of excessive force by officials.
8.
The Committee is further concerned that the State party has limited and obstructed
independent monitoring of human rights in the aftermath of these events, thereby further
impairing the ability to obtain a reliable or credible assessment of the reported abuses, including
ascertaining information on the whereabouts and reported torture or ill-treatment of persons
detained and/or missing.
9.
The Committee has also received credible reports that some persons who sought refuge
abroad and were returned to the country have been kept in detention in unknown places and
possibly subjected to breaches of the Convention. The Committee notes that the State party has
not agreed to requests made to set up an independent international commission of inquiry into