OSCE/ODIHR Opinion on Article 235 of the Criminal Code of the Republic of Uzbekistan
I.
INTRODUCTION
1.
On 22 April 2014, the Director of the National Human Rights Centre of the Republic of
Uzbekistan sent an official letter to the Director of the OSCE Office for Democratic
Institutions and Human Rights (hereinafter “OSCE/ODIHR”) requesting a review of
Article 235 of the Criminal Code of the Republic of Uzbekistan.
2.
On 5 May 2014, the OSCE/ODIHR Director responded to this request, confirming the
Office’s readiness to prepare a legal opinion on the compliance of this article with
OSCE commitments and international human rights standards, in particular the UN
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
3.
This Opinion is provided in response to the above-mentioned request, by virtue of
OSCE/ODIHR’s mandate to assist OSCE participating States in the implementation of
key OSCE commitments in the human dimension.
II. SCOPE OF REVIEW
4.
The scope of this Opinion covers only Article 235 of the Criminal Code, as submitted
for review. The Opinion does not constitute a full and comprehensive review of the
entire legal and institutional framework governing the prohibition of torture and other
cruel, inhuman or degrading treatment or punishment.
5.
The Opinion raises key issues and provides indications of areas of concern. In the
interests of concision, the Opinion focuses more on problematic areas rather than on the
positive aspects of the provision. The ensuing recommendations are based on relevant
international human rights standards and OSCE commitments, as well as good practices
from other OSCE participating States.
6.
This Opinion is based on an English translation of Article 235 of the Criminal Code
provided by the National Human Rights Centre of the Republic of Uzbekistan, which is
attached to this document as an Annex. Errors from translation may result.
7.
In view of the above, the OSCE/ODIHR would like to make mention that this Opinion
is without prejudice to any written or oral recommendations or comments on the legal
and institutional framework governing the prohibition of torture and other cruel,
inhuman or degrading treatment or punishment, that the OSCE/ODIHR may make in
the future.
III.
EXECUTIVE SUMMARY
8.
At the outset, OSCE/ODIHR welcomes the National Human Rights Centre’s
willingness to seek international expertise to review Article 235 of the Criminal Code,
and hopes that this Opinion will prove helpful in ongoing attempts to align relevant
legislation relating to the prohibition of torture and other cruel, inhuman or degrading
treatment or punishment, with international human rights standards and OSCE
commitments.
9.
At the same time, the wording of Article 235 of the Criminal Code could benefit from
certain revisions and additions, to ensure its full compliance with Articles 1 and 2 of the
UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
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