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Uzbekistan 28/06/2021 Efforts to identify and prevent cases of torture are intensified
Efforts to identify and prevent cases of torture are intensified

Tashkent, Uzbekistan (UzDaily.com) -- On 26 June 2021, the President of Uzbekistan signed a resolution “On additional measures to improve the system for detecting and preventing cases of torture.”

The document notes that in recent years, large-scale work has been carried out in the country in order to further strengthen the guarantees of the rights and freedoms of citizens, including the categorical prevention of cases of torture and other cruel, inhuman or degrading treatment or punishment.

The resolution envisages a number of measures in order to improve the National Preventive Mechanisms for the Prevention of Torture, taking into account the National Strategy of the Republic of Uzbekistan on Human Rights, the recommendations of the statutory bodies and UN treaty committees, as well as ensuring the implementation of the tasks defined in the State Program "Year of Support for Youth and Strengthening Public Health".

In particular, the system for detecting and preventing cases of torture must be brought into line with the generally recognized principles and norms of international human rights law.

The administration of the institution must strictly ensure that the applications sent by persons with limited freedom of movement to the national human rights institutions are not viewed, and that they are immediately sent to the recipient.

The mechanism of prompt and objective consideration of complaints of cases of torture will be improved, as well as the inevitability of bringing the perpetrators to justice will be ensured.

The victims of torture will be provided with the provision of social, legal, psychological and medical assistance, as well as compensation for the damage caused to them.

Civil society institutions will be widely involved in activities to identify and prevent cases of torture, as well as ensure their effective cooperation with government agencies.

The general public should be made aware of the results of activities to identify and prevent cases of torture.

Close cooperation will be established with international organizations and national institutions of foreign states in the field of torture prevention.

The document approved the proposals of the chambers of the Oliy Majlis, the Commissioner of the Oliy Majlis for Human Rights (Ombudsman) and the National Center for Human Rights to create public groups to identify and prevent cases of torture under the Ombudsman.

The main tasks of the Public Groups are determined to carry out monitoring visits on a regular basis to prevent the use of torture in places of detention of persons with limited freedom of movement (in the guardhouse, in special reception centers, temporary detention facilities, pre-trial detention centers, penal institutions, disciplinary units, institutions of compulsory treatment).

When revealing cases of torture, public groups are empowered to: inform the public about it; submission to the appropriate state body of requirements for their prompt elimination; participation in the consideration of complaints about cases of torture and others.

The public groups will involve experts from the National Center for Human Rights, medical workers, representatives of non-governmental non-profit organizations, the media and other civil society institutions, taking into account that they have professional qualifications and practical knowledge for carrying out monitoring visits, as well as ensuring gender equality.

The practice of presenting the Ombudsman annually before March 15 to the chambers of the Oliy Majlis on the ongoing work to prevent cases of torture and other cruel, inhuman or degrading treatment or punishment will be introduced, as well as the publication of this report in the media.

The administration of places of detention of persons with limited freedom of movement must provide the Public groups with the necessary conditions for an unimpeded meeting and conversation in private with a person with limited freedom of movement, as well as familiarization with the relevant documents. Assistance to the activities of Public groups should be provided by state bodies and their officials, the administration of places of detention.

The presidential resolution also instructed to establish the practice of maintaining a unified electronic register of persons accommodated in places of detention of persons with limited freedom of movement. All information about such persons should be immediately entered into the unified electronic register by the administration from the moment the above persons are placed in these institutions, and for the judicial, law enforcement agencies and the Ombudsman - the opportunity should be created to familiarize themselves with this information.

The Ministry of Internal Affairs was instructed to develop the procedure for the formation of such a unified electronic register by December 1, 2021 and to ensure the establishment of its effective maintenance.

The document also instructs to improve the practice of calling persons with limited freedom of movement to a lawyer or close relative based on the requirements of the current legislation on torture. On this issue, the Ministry of Internal Affairs was instructed to develop a draft regulatory legal act by November 1, 2021.

The resolutin gave a number of instructions to the National Center for Human Rights (NCHR).

In particular, to prepare, together with the Ombudsman and the Ministry of Foreign Affairs, within two months, proposals on the accession of the Republic of Uzbekistan to the "Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment" (New York, December 18, 2002).

Also, together with the Ministry of Finance, the Ministry of Internal Affairs and the Prosecutor General's Office, within three months, develop a procedure for compensation for damage caused to persons who have suffered from torture.

From October 1 of this year, the NCHR, together with the Ministry of Internal Affairs and the Prosecutor General's Office, will begin conducting training courses on combating torture for employees of the bodies of operational-search activities, pre-investigation checks, inquiries, preliminary investigations and institutions for the execution of punishment.

By December 1, it was instructed to develop a draft law providing for appropriate amendments and additions to legislative acts in order to bring the norms of the Criminal Code establishing responsibility for the use of torture in line with the requirements of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment "(New York, December 10, 1984).

 

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