DEPUTY HUMAN RIGHTS CHIEF ENDS VISIT TO UZBEKISTAN WITH CALL FOR IMPLEMENTATION OF OFFICIAL COMMITMENTS

14 March 2003



Deputy United Nations High Commissioner for Human Rights Bertrand Ramcharan visited Uzbekistan from 11 to 13 March 2003.

The visit was part of an official trip to countries in Central Asia to enhance dialogue and technical cooperation between the governments of the region and the Office of the High Commissioner for Human Rights (OHCHR). The visit came also as follow-up to the Secretary-General’s visit to the region in October 2002.

In meetings with Government officials, the Deputy High Commissioner noted the declaration of the Government of Uzbekistan in March 2002 which committed the country to “a strong and open civil society, respect for human rights and freedoms, a genuine multi-party system, free and fair elections, political pluralism, diversity of opinions and freedom to express them, independence of the media and the courts”. Government leaders told him that the country was opening up and therefore problems were becoming more visible.

The Deputy High Commissioner met with the Ombudsman; leaders of the ministries of Foreign Affairs, Justice, Interior, Higher Education, and the Office of General Prosecutor; and the Director of the National Center for Human Rights.

Mr. Ramcharan also met with the UN Resident Coordinator, Mr. Richard Conroy, and had fruitful discussions with the heads of UN Agencies in the country, and with relevant programme officers in UNDP and of the UN Country Team. He further held informative meetings with representatives of the OSCE, representatives of the diplomatic community in Tashkent, and with some 40 representatives of local non-governmental organizations.

The Deputy High Commissioner called for the tangible implementation in practice of the commitment to human rights. He noted that many problems prevailed and urged corrective measures. He advised his interlocutors that numerous NGOs in Tashkent had made representations to him about a high number of political prisoners, the prevalence of capital punishment without adequate safeguards, the pervasive practice of torture and psychiatric abuse and the lack of independence of judges and prosecutors.

The Deputy High Commissioner had an extensive discussion with the Ombudsman and her colleagues who explained their efforts to promote human rights. The Deputy High Commissioner recalled that pursuant to the 1997 law on the Human Rights Ombudsman, the Ombudsman is charged with the monitoring of human rights law, including the improvement of legislation in the field of human rights, the investigation of human rights complaints and restitution, the provision of public information relating to human rights, and cooperation at the international level. The Deputy High Commissioner emphasized the importance of the effective implementation of these functions so as to ensure the protection in practice of those whose rights had been violated.

The Deputy High Commissioner discussed with Government leaders the follow-up to be given to the observations and recommendations of human rights treaty bodies, notably the Committee against Torture, as well as the recommendations of the Special Rapporteur on Torture, Theo van Boven. He recalled that the Committee against Torture had recommended that Uzbekistan “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” for the offence of torture. The Special Rapporteur on Torture had also recommended that the Government should amend its domestic penal law to include the crime of torture, the definition of which should be fully consistent with article 1 of the Convention against Torture, and other Cruel, Inhuman, or Degrading Treatment or Punishment. He inquired when the Government intended to implement this recommendation. The Deputy High Commissioner also discussed the follow-up to be given to the recommendation of the Special Rapporteur on Torture that the highest authorities need to publicly condemn torture in all its forms and manifestations. He was told that a high level public declaration was expected soon.

The Deputy High Commissioner discussed efforts to strengthen the independence of the judiciary and the introduction of the remedy of habeas corpus. He also inquired about urgent steps required to promote and safeguard the independence of lawyers, particularly to ensure equality between prosecutors and defense lawyers.

The Deputy High Commissioner discussed the high number of persons imprisoned after contested trials and called for urgent attention to this issue. In the same context, he noted the high number of executions and pleaded for amnesties for persons convicted and sentenced following contested trials.

The Deputy High Commissioner discussed with officials of the Government of Uzbekistan the need to expand education about human rights in primary and secondary schools, and in universities. He noted the important work in this field being carried out by the National Center for Human Rights, including publication, in cooperation with UNDP, of international human rights norms in the local language. He indicated the readiness of the Office of the High Commissioner for Human Rights to contribute to the development of human rights education, in particular through the OHCHR regional project for Central Asia that will focus on human rights education through a trainer of trainers approach and support the publication and dissemination of human rights materials. The project also foresees the establishment of a high level OHCHR regional expert, to be located in the region, who will work at the policy level and serve as a resource person in the filed of human rights.

The Deputy High Commissioner asked about arrangements for the registration of political parties and about the need to ensure that opposition parties enjoy freedom to organize and to express and communicate their vision consistent with the principles of a democratic society. He urged that local non-governmental human rights organizations be able to register and pursue their activities without hindrance. He was told that one could expect positive changes in this area.

The Deputy High Commissioner also inquired about arrangements to ensure the freedom of the media and raised cases of international concern where journalists had allegedly been victimized in the exercise of their functions. He also raised the cases of four human rights defenders in prison. His interlocutors promised to follow-up on these cases

The Deputy High Commissioner inquired whether the law enforcement or prison officials responsible for abuses against persons in their custody were publicly prosecuted and asked for information in this connection. He specifically inquired whether any such trials, if held, were open and public trials. His interlocutors undertook to provide information on this.

The Deputy High Commissioner noted that, in several instances, interim measures of protection ordered by human rights treaty bodies had not been respected and that persons had even been executed notwithstanding such orders. He urged respect for such interim measures.

The Deputy High Commissioner asked the authorities to assure the protection of a person in the Ferghana region who had met with the Special Rapporteur on Torture and who had subsequently allegedly harassed for doing so. His interlocutors undertook to follow-up on this matter.

The Deputy High Commissioner appreciated the openness with which he was received and the constructive approach of his hosts in the discussions. It was agreed that the Government and the Office of the High Commissioner for Human Rights would continue such constructive exchanges.

Mr. Ramcharan is now in Turkmenistan, on the last leg of his five-country tour of Central Asia. He visited Azerbaijan briefly on 13 March on his way to Ashgabad, the Turkmen capital.



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