CAT/C/CR/28/7
page 3
(c)
The insufficient level of independence and effectiveness of the procuracy, in
particular as the Procurator has the competence to exercise oversight on the appropriateness of
the duration of pre-trial detention, which can be extended up to 12 months;
(d)
A lack of practical training for (i) doctors in the detection of signs of torture or
ill-treatment of persons who have been or are in custody, and (ii) law enforcement personnel and
judges in initiating prompt and impartial investigations;
(e)
The insufficient independence of the judiciary;
(f)
The de facto refusal of judges to take account of evidence of torture and
ill-treatment provided by the accused, so that there are neither investigations nor prosecutions;
(g)
The fact that the definition of torture in the Criminal Code of the State party is
incomplete and, therefore, not in full conformity with article 1 of the Convention;
(h)
The numerous cases of convictions based on confessions, and the continued use
of the criterion of “solved crimes” as the basis for promotion of law enforcement personnel,
which, taken together, create conditions that promote the use of torture and ill-treatment to force
detainees to “confess”;
(i)
The absence of transparency in the criminal justice system and the lack of
publicly available statistics on detainees, complaints about torture, and the number and results of
investigations into such complaints; moreover, the State party has not provided the information
requested in connection with the initial report reviewed in November 1999 regarding the number
of persons detained and the number executed after being sentenced to death;
(j)
The extradition or expulsion of individuals, including those seeking asylum in
Uzbekistan, to countries where they may be exposed to the risk of torture.
E. Recommendations
6.
The Committee recommends that the State party:
(a)
Proceed promptly with plans to review the proposals to amend its domestic penal
law to include the crime of torture fully consistent with the definition contained in article 1 of the
Convention and supported by an adequate penalty;
(b)
Take urgent and effective steps: (i) to establish a fully independent complaints
mechanism, outside the procuracy, for persons who are held in official custody; and (ii) to ensure
prompt, impartial and full investigations into the many allegations of torture reported to the
authorities, and the prosecution and punishment, as appropriate, of perpetrators;
(c)
retaliation;
Ensure that those who complain of torture and their witnesses are protected from