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18 November 1999
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HR/CAT/99/41
18 November 1999
COMMITTEE AGAINST TORTURE PRESENTS RECOMMENDATIONS TO KYRGYZSTAN
Uzbekistan Responds to Questions From the Panel
The Committee against Torture this afternoon praised the Government of Kyrgyzstan for continuing efforts to further human rights and hoped it would continue progress in that area.
Committee Expert Peter Burns, who served as the rapporteur to the report Kyrgyzstan filed about how it implemented provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, noted with satisfaction the suspension of the death penalty for a two-year period, as well as the ability of detained persons to have access to the lawyer of their choice from the moment of detention. He also cited as positive developments the appointment of a special procurator to inspect isolation centres and detention centres, and the creation of the National Commission for Human Rights
He pointed out, however, the numerous and continuing allegations of torture, and the apparent failure to provide prompt, impartial and full investigations into the allegations. He also said the inability to prosecute, where appropriate, was a general failure, and said there were insufficient guarantees for an independent judiciary.
The Committee recommended that Kyrgyzstan include the crime of torture, as defined by the Convention, into its domestic penal code, and also that it take all necessary steps to prevent allegations of torture by legal officers. It also suggested the country ensure investigations of allegations of torture, and to ensure amnesty laws exclude torture from their reach. Other recommendations concerned proposals to reform police and other judicial institutions and measures to improve prison conditions.
Also this afternoon, the Government delegation from Uzbekistan responded to questions posed by the Committee yesterday. The delegation spoke to a variety of issues, including the right of convicted persons to make complaints, measures to improve the legal status of the office of the Ombudsman; compensation for victims of torture; training of law enforcement officials; and the use and production of training materials. The delegation also discussed the definition and punishment for torture.
The Committee will convene tomorrow morning to present its conclusions and recommendations to Uzbekistan.
Recommendations and Conclusions on the Report from Kyrgyzstan
The Committee welcomed the initial report of Kyrgyzstan, which was submitted in a timely fashion and was generally in conformity with Committee's guidelines for the preparation of initial reports. The Committee also welcomed the open dialogue with the highly qualified representatives of the State party.
The Committee noted with satisfaction the following: the continuing efforts to establish a legal framework based upon universal human values to safeguard fundamental human rights, including the freedom from torture and other cruel, inhuman or degrading treatment or punishment; the suspension of the death penalty for a period of two years and its application only to a few serious offenses, in any event; the repeal of the "supervisory" role of the procurator in a criminal trial; the provisions of the new Code of Criminal Procedure, which permitted a detained person access to the lawyer of his or her choice from the moment of detention, and obliging the investigating officer to notify the detainee’s family of the arrest immediately; appointment of a special procurator to inspect isolation centres and detention centres with a view to ensuring their conformity to proper standards vis-á-vis the inmates; the prosecution of various persons for conduct that would be regarded as breaches of the Convention; the creation of the National Commission for Human Rights, which has a broad mandate to examine and advance human rights conditions in Kyrgyzstan, including investigating power in individual cases and monitoring of conditions in prisons; the educational initiatives of the State party to ensure its criminal justice personnel properly understands their human rights obligations.
It took note of various subjects of concern, including: the absence of a definition of torture as provided by the Convention in country's current penal legislation; numerous and continuing reports of allegations of torture; an apparent failure to fully investigate allegations of torture; insufficient guarantees for an independent judiciary; and the use of amnesty laws that might extend to torture in some cases.
The Committee recommended the State party: amend the domestic penal law to include the crime of torture, consistent with the Convention; take all necessary effective steps to prevent torture; continue reforms of the police, prosecution and judicial institutions, in particular, implementing steps to ensure an independent judiciary; improve prison conditions; supervise military places of detention and prisons to ensure inmates were not maltreated; consider abolishing the death penalty; and consider making the declaration under Articles 21 and 22 of the Convention.
Response from Uzbekistan
In responding to questions put to it by the Committee after presenting its report, a delegate noted Uzbekistan had acceded to 40 international conventions and treaties. All international acts were translated into the State language.
Regarding instances of violations when carrying out justice, the Parliament had a Committee on Legislation, the delegate said. The assistant of this committee also headed the Committee on Judges. Legislation concerning the courts had been improved, and these improvements included changes to the Criminal Code, the Criminal Execution Code, and the Civil Code. The country would also adopt measures to improve the legal status of the Ombudsman. As to the questions whether judges take into account evidence obtained by force, it was taken into account in various ways, including through the office of the Ombudsman and through investigations by journalists.
The right of convicted persons to make complaints was taken into account in the criminal procedure, the delegate said. Usually the complaints dealt with disagreement with court decisions.
Corrective penitentiaries were being transformed, reconstructed and re-equipped, the delegate said. This would help alleviate the problem of prisoners being detained far from home. Previously, this occurred because of the shortage of prisons. The increase in the number of complaints was considered a positive occurrence. Even in other countries, such as Sweden and the United States, the number of complaints had grown.
The delegate said training had gone on in schools and various institutions. Democratic institutions had been created, such as the office of the Ombudsman, a National Centre for Human Rights, as well as a non-governmental organization (NGO) – the Centre for Public Opinion.
The delegate said his society was moving away from the stereotypes of the past. Citizens had the right to complaint. The period for an appeal was usually one month. The Procurator's office had responsibility for this. It would soon be possible to make complaints locally. Concerning the consideration of complaints, he said the Ombudsman reports every year to Parliament and prepares conclusions on the infringements of rights and freedoms. Generally, these conclusions were sent to the Procurator's Office.
Responding to questions about the responsibility for national consciousness-raising, the delegate said there were problems as a result of the colonial period. The mentality of people was to strive forward toward justice, but results were not always positive. There was a training programme for increasing the legal culture, for example.
A Commission had been set up to establish legal reforms, he said. It consisted of a wide variety of centres and organisations. Guarantees for lawyers had been established. The law in the prosecutor's office and in the court guaranteed full transparency. However, because of the incompetence of some and the lack of knowledge about rights, some cases had been tried without lawyers.
He said persons may be held for up to three hours, after which the person must be charged or released. If charged, the person may consult a lawyer, representatives of the medical profession or others may also be contacted. An extension may be granted by the Prosecutor -- the maximum time was one-and-a-half years.
Asked about the registration of political parties, the delegate said there were new laws which better reflected Uzbek society. Currently over 2,000 NGOs and political parties had been registered. Registration occurred under the Ministry of Justice.
Compensation was guaranteed under the law, he said. In applying international standards for the provision of assistance, the Government of Uzbekistan had established a fund for victims. Its goals included ensuring that every victim received genuine assistance and that compensation was received and property was returned, among other matters.
The third branch of the Government, the Judiciary, played a basic, fundamental role in protecting human rights and freedoms, he said. Currently in Uzbekistan, the legal and legislative basis had been established -- there was a law in the courts which guaranteed the rights of citizens.
The delegate reported training took places in national academies and institutions. Professionalism, competence, honesty and integrity were taken into account when considering a person's qualifications. Professional training and education of law enforcement officers was carried out through civil institutions -- universities, academies, study centres and specialised institutions. Roundtables on human rights were also organized.
He said there was a death penalty in Uzbekistan, but there was a trend to reduce the number of cases in the criminal code in which it could be exercised. Before the new criminal code, there were over 30 cases in which the death penalty was applied. In 1994, about 10 convictions led to the use of the death penalty. In 1998, the number of executions were reduced to eight.
He listed the crimes in which the death penalty could be applicable: rape, pre-meditated murder; aggression; genocide; terrorism; treason; organization of a criminal association; and illegal acquisition and production or holding or other actions related to narcotic substances and psycho-tropic substances with a view to their dissemination.
The death penalty, he said, was not applied to women and minors up to the age of 18. If a pardon was granted, the death penalty may be replaced by a prison term of up to five years. Execution was by firing squad, but not in the presence of the general public.
Discussion
ALEXANDER YAKOVLEV, the co-rapporteur to the report, said there was a lack of reference to the new law on terrorism.
HR/CAT/99/41
18 November 1999
COMMITTEE AGAINST TORTURE PRESENTS RECOMMENDATIONS TO KYRGYZSTAN
Uzbekistan Responds to Questions From the Panel
The Committee against Torture this afternoon praised the Government of Kyrgyzstan for continuing efforts to further human rights and hoped it would continue progress in that area.
Committee Expert Peter Burns, who served as the rapporteur to the report Kyrgyzstan filed about how it implemented provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, noted with satisfaction the suspension of the death penalty for a two-year period, as well as the ability of detained persons to have access to the lawyer of their choice from the moment of detention. He also cited as positive developments the appointment of a special procurator to inspect isolation centres and detention centres, and the creation of the National Commission for Human Rights
He pointed out, however, the numerous and continuing allegations of torture, and the apparent failure to provide prompt, impartial and full investigations into the allegations. He also said the inability to prosecute, where appropriate, was a general failure, and said there were insufficient guarantees for an independent judiciary.
The Committee recommended that Kyrgyzstan include the crime of torture, as defined by the Convention, into its domestic penal code, and also that it take all necessary steps to prevent allegations of torture by legal officers. It also suggested the country ensure investigations of allegations of torture, and to ensure amnesty laws exclude torture from their reach. Other recommendations concerned proposals to reform police and other judicial institutions and measures to improve prison conditions.
Also this afternoon, the Government delegation from Uzbekistan responded to questions posed by the Committee yesterday. The delegation spoke to a variety of issues, including the right of convicted persons to make complaints, measures to improve the legal status of the office of the Ombudsman; compensation for victims of torture; training of law enforcement officials; and the use and production of training materials. The delegation also discussed the definition and punishment for torture.
The Committee will convene tomorrow morning to present its conclusions and recommendations to Uzbekistan.
Recommendations and Conclusions on the Report from Kyrgyzstan
The Committee welcomed the initial report of Kyrgyzstan, which was submitted in a timely fashion and was generally in conformity with Committee's guidelines for the preparation of initial reports. The Committee also welcomed the open dialogue with the highly qualified representatives of the State party.
The Committee noted with satisfaction the following: the continuing efforts to establish a legal framework based upon universal human values to safeguard fundamental human rights, including the freedom from torture and other cruel, inhuman or degrading treatment or punishment; the suspension of the death penalty for a period of two years and its application only to a few serious offenses, in any event; the repeal of the "supervisory" role of the procurator in a criminal trial; the provisions of the new Code of Criminal Procedure, which permitted a detained person access to the lawyer of his or her choice from the moment of detention, and obliging the investigating officer to notify the detainee’s family of the arrest immediately; appointment of a special procurator to inspect isolation centres and detention centres with a view to ensuring their conformity to proper standards vis-á-vis the inmates; the prosecution of various persons for conduct that would be regarded as breaches of the Convention; the creation of the National Commission for Human Rights, which has a broad mandate to examine and advance human rights conditions in Kyrgyzstan, including investigating power in individual cases and monitoring of conditions in prisons; the educational initiatives of the State party to ensure its criminal justice personnel properly understands their human rights obligations.
It took note of various subjects of concern, including: the absence of a definition of torture as provided by the Convention in country's current penal legislation; numerous and continuing reports of allegations of torture; an apparent failure to fully investigate allegations of torture; insufficient guarantees for an independent judiciary; and the use of amnesty laws that might extend to torture in some cases.
The Committee recommended the State party: amend the domestic penal law to include the crime of torture, consistent with the Convention; take all necessary effective steps to prevent torture; continue reforms of the police, prosecution and judicial institutions, in particular, implementing steps to ensure an independent judiciary; improve prison conditions; supervise military places of detention and prisons to ensure inmates were not maltreated; consider abolishing the death penalty; and consider making the declaration under Articles 21 and 22 of the Convention.
Response from Uzbekistan
In responding to questions put to it by the Committee after presenting its report, a delegate noted Uzbekistan had acceded to 40 international conventions and treaties. All international acts were translated into the State language.
Regarding instances of violations when carrying out justice, the Parliament had a Committee on Legislation, the delegate said. The assistant of this committee also headed the Committee on Judges. Legislation concerning the courts had been improved, and these improvements included changes to the Criminal Code, the Criminal Execution Code, and the Civil Code. The country would also adopt measures to improve the legal status of the Ombudsman. As to the questions whether judges take into account evidence obtained by force, it was taken into account in various ways, including through the office of the Ombudsman and through investigations by journalists.
The right of convicted persons to make complaints was taken into account in the criminal procedure, the delegate said. Usually the complaints dealt with disagreement with court decisions.
Corrective penitentiaries were being transformed, reconstructed and re-equipped, the delegate said. This would help alleviate the problem of prisoners being detained far from home. Previously, this occurred because of the shortage of prisons. The increase in the number of complaints was considered a positive occurrence. Even in other countries, such as Sweden and the United States, the number of complaints had grown.
The delegate said training had gone on in schools and various institutions. Democratic institutions had been created, such as the office of the Ombudsman, a National Centre for Human Rights, as well as a non-governmental organization (NGO) – the Centre for Public Opinion.
The delegate said his society was moving away from the stereotypes of the past. Citizens had the right to complaint. The period for an appeal was usually one month. The Procurator's office had responsibility for this. It would soon be possible to make complaints locally. Concerning the consideration of complaints, he said the Ombudsman reports every year to Parliament and prepares conclusions on the infringements of rights and freedoms. Generally, these conclusions were sent to the Procurator's Office.
Responding to questions about the responsibility for national consciousness-raising, the delegate said there were problems as a result of the colonial period. The mentality of people was to strive forward toward justice, but results were not always positive. There was a training programme for increasing the legal culture, for example.
A Commission had been set up to establish legal reforms, he said. It consisted of a wide variety of centres and organisations. Guarantees for lawyers had been established. The law in the prosecutor's office and in the court guaranteed full transparency. However, because of the incompetence of some and the lack of knowledge about rights, some cases had been tried without lawyers.
He said persons may be held for up to three hours, after which the person must be charged or released. If charged, the person may consult a lawyer, representatives of the medical profession or others may also be contacted. An extension may be granted by the Prosecutor -- the maximum time was one-and-a-half years.
Asked about the registration of political parties, the delegate said there were new laws which better reflected Uzbek society. Currently over 2,000 NGOs and political parties had been registered. Registration occurred under the Ministry of Justice.
Compensation was guaranteed under the law, he said. In applying international standards for the provision of assistance, the Government of Uzbekistan had established a fund for victims. Its goals included ensuring that every victim received genuine assistance and that compensation was received and property was returned, among other matters.
The third branch of the Government, the Judiciary, played a basic, fundamental role in protecting human rights and freedoms, he said. Currently in Uzbekistan, the legal and legislative basis had been established -- there was a law in the courts which guaranteed the rights of citizens.
The delegate reported training took places in national academies and institutions. Professionalism, competence, honesty and integrity were taken into account when considering a person's qualifications. Professional training and education of law enforcement officers was carried out through civil institutions -- universities, academies, study centres and specialised institutions. Roundtables on human rights were also organized.
He said there was a death penalty in Uzbekistan, but there was a trend to reduce the number of cases in the criminal code in which it could be exercised. Before the new criminal code, there were over 30 cases in which the death penalty was applied. In 1994, about 10 convictions led to the use of the death penalty. In 1998, the number of executions were reduced to eight.
He listed the crimes in which the death penalty could be applicable: rape, pre-meditated murder; aggression; genocide; terrorism; treason; organization of a criminal association; and illegal acquisition and production or holding or other actions related to narcotic substances and psycho-tropic substances with a view to their dissemination.
The death penalty, he said, was not applied to women and minors up to the age of 18. If a pardon was granted, the death penalty may be replaced by a prison term of up to five years. Execution was by firing squad, but not in the presence of the general public.
Discussion
ALEXANDER YAKOVLEV, the co-rapporteur to the report, said there was a lack of reference to the new law on terrorism.