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Implementation of the UN Convention against Torture Uzbekistan ************** Shadow Report UN Committee Against Torture 39th session November 2007 Tashkent and Geneva, October 2007 Researched and written by: • Rapid Response Group: Sukhrobjon Ismoilov and Shuhrat Ganiev • OMCT: Cécile Trochu-Grasso - Alessandra Russo- Mariana Duarte- Patrick Mutzenberg Foreword: Acknowledgements : The Rapid Response Group (RRG) would like to thank all the members of the Rapid Response Group for prevention of torture in Uzbekistan, a coalition of Uzbek human rights defenders, and other Uzbek human rights groups who carried out research and monitoring activities to prepare the present report. We also would like to express our gratitude to Freedom House Uzbekistan Programs especially to Mr. Kregg Halstead, Program Director, and Mr. Justin Wilson, a Senior Program Officer, for their financial and general comprehensive support in carrying out this research. We would like to thank all those who contributed to conducting this research, analyzed individual cases, collected information, interviewed targeted groups and filled in questionnaires. A deep appreciation to those at the Tashkent City Bar Association who contributed to the revision and commentary of the shadow report. The Rapid Response Group would like to extend their gratitude to Matthew Pringle and Victoria Kuhn of the Association for Prevention of Torture, Patrick Mutzenberg of the World Organization Against Torture and Anita Trimaylova of the OHCHR for their general comprehensive support and consultations. This report was prepared as part of an OMCT project that has received substantial support from the European Union through the European Initiative for Democracy and Human Rights. The contents of this report are the responsibility of the authors and do not necessarily reflect the views of the European Union. 2 TABLE GENERAL SITUATION..............................................................................................................6 1. PRELIMINARY OBSERVATIONS ON INTERNATIONAL OBLIGATIONS OF UZBEKISTAN ....................6 2. LEGAL AND INSTITUTIONAL STRUCTURE ...............................................................................7 2.1. Legal provisions relevant to the practice of torture...............................................7 2.2. Comments on the criminal justice system of Uzbekistan......................................7 3. DEFINITION OF TORTURE (ARTICLES 1-4) ...........................................................................10 4. PRACTICE OF TORTURE ....................................................................................................12 5. LEGISLATIVE , ADMINISTRATIVE , JUDICIAL AND OTHER MEASURES ON TORTURE PREVENTION (* ARTICLE 2) ........................................................................................................................19 6. THE STATE ’S JURISDICTION REGARDING THE FACTS OF TORTURE AND CRUEL TREATMENT (ARTICLES 6, 7, 8, 9 AND 10).................................................................................................21 7. CONSIDERATIONS ON THE REPUBLIC OF UZBEKISTAN RULES , INSTRUCTIONS , METHODS AND PRACTICE OF INTERROGATION , DETENTION CONDITIONS AND TREATMENT OF THE ARRESTED AND DETAINEES (ARTICLE 11) ......................................................................................................24 8. THE RIGHT TO REDRESS (ARTICLE 14)................................................................................28 9. NON -ADMISSIBILITY OF TESTIMONIES , OBTAINED UNDER TORTURE AND PROHIBITION THAT STATEMENTS MADE UNDER TORTURE BEING USED AS EVIDENCE (ARTICLE 15) .........................29 10. DEATH PENALTY .............................................................................................................30 11. IS THE STATE PARTY WILLING TO MAKE DECLARATIONS RECOGNIZING THE CONVENTION ’S ARTICLES 21 AND 22? ..........................................................................................................31 WOMEN’S RIGHTS SITUATION..............................................................................................32 1. GENERAL BACKGROUND ON THE STATUS OF WOMEN .........................................................32 2. RELEVANT LEGAL BACKGROUND ON WOMEN ’S RIGHTS ......................................................32 3. CRIMINAL LEGISLATION (A RTICLE 4 CAT) ..........................................................................32 3.1. Legislation with regard to gender-based and sexual violence................................32 3.2. Legislation on forced marriages ............................................................................33 3.3. Prohibition of the incitement to commit suicide......................................................33 3.4. Legislation on trafficking in women........................................................................33 4. PRACTICE OF TORTURE AND ILL -TREATMENT OF WOMEN ....................................................34 4.1. Domestic violence.................................................................................................34 4.2. Forced sterilization ................................................................................................34 4.3. Forced marriages and incitement to commit suicide..............................................35 3 4.4. Trafficking in women .............................................................................................35 4.5. Violence against Women by police officials...........................................................36 5. MEASURES TO PREVENT TORTURE OF WOMEN (A RTICLES 2 AND 10 CAT) ..........................37 5.1. Effective legislative, administrative, judicial and other measures to prevent acts of torture (Article 2.1) .......................................................................................................37 5.2. Education and Information (Article 10.1) ...............................................................37 6. DETENTION CONDITIONS (A RTICLE 11 CAT) ......................................................................37 7. INVESTIGATION , REMEDY AND REDRESS (A RTICLES 12 TO 14 CAT) ....................................37 7.1. Investigation and Remedy (Articles 12 and 13) .....................................................37 7.2. Rehabilitation (Article 14) ......................................................................................39 CHILD’S RIGHT SITUATION ...................................................................................................40 1. OVERVIEW OF THE CHILD RIGHTS SITUATION AND GENERAL FRAMEWORK REGARDING VIOLENCE , INCLUDING TORTURE OR OTHER CRUEL , INHUMAN OR DEGRADING TREATMENT AGAINST ..............................................................................................................................40 2. INTERNATIONAL AND NATIONAL LEGISLATION ON CHILD PROTECTION ....................................40 2.1. Relevant international law to which Uzbekistan is party .....................................40 2.2. National law.......................................................................................................40 2.3. Definition of the child .........................................................................................41 3. DEFINITION OF TORTURE AGAINST CHILDREN ......................................................................41 4. CRIMINAL LEGISLATION : PARTICULAR RULES THAT MAY APPLY TO CHILD VICTIMS AND CORPORAL PUNISHMENT .......................................................................................................41 5. PRACTICE : OCCURRENCE OF VIOLENCE AGAINST CHILDREN THAT MAY AMOUNT TO TORTURE OR OTHER CRUEL , INHUMAN OR DEGRADING TREATMENT AND LEAD TO THE STATE RESPONSIBILITY ...................................................................................................................42 5.1 Violence against children in the family ...............................................................42 5.2. Child labour....................................................................................................43 5.3. Sexual violence and exploitation........................................................................47 5.4. Responsibility of the State party for acts of torture or other cruel, inhuman or degrading treatment perpetrated by state bodies and agents.......................................48 6. MEASURES OF PREVENTION: TRAINING ..............................................................................48 7. PARTICULAR LEGISLATION AND MEASURES OF IMPLEMENTATION APPLICABLE TO THE TREATMENT OF CHILDREN DEPRIVED OF THEIR LIBERTY ..........................................................49 7.1. Introduction on the juvenile justice system.........................................................49 7.2. Grounds and time limit of detention ...................................................................50 7.3. Places of detention ............................................................................................50 7.4. Conditions of detention ......................................................................................50 2.4. 7.5. Infringement of basic legal safeguards during child arrest or detention .......52 4 8. REMEDY AND REDRESS GRANTED TO CHILD VICTIMS ...........................................................53 RECOMMENDATIONS ............................................................................................................54 RECOMMENDATIONS ON THE GENERAL SITUATION
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