E Economic and Social Council - acnudh
E Economic and Social Council - acnudh
E Economic and Social Council - acnudh
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E/CN.4/2006/6/Add.2<br />
page 78<br />
369. Recommendation (k) stated: Confessions made by persons in MVD or SNB custody<br />
without the presence of a lawyer/legal counsel <strong>and</strong> that are not confirmed before a judge<br />
should not be admissible as evidence against persons who made the confession. Serious<br />
consideration should be given to video <strong>and</strong> audio taping of proceedings in MVD <strong>and</strong> SNB<br />
interrogation rooms.<br />
370. According to NGOs, the courts continue to accept confessions that were obtained under<br />
torture.<br />
371. The Government reiterated the response in para. 358.<br />
372. Recommendation (l) stated: Legislation should be amended to allow for the<br />
unmonitored presence of legal counsel <strong>and</strong> relatives of persons deprived of their liberty<br />
within 24 hours. Moreover, law enforcement agencies need to receive guidelines on<br />
informing criminal suspects of their right to defence counsel.<br />
373. The Government informed that to guarantee the respect for the rights of arrested <strong>and</strong><br />
accused persons, the Main Investigation Department of the Ministry of Interior, in March 2003,<br />
together with the Presidium of the Collegiums of Advocates of Tashkent, elaborated <strong>and</strong> adopted<br />
regulations “On Guaranteeing the Right to Legal Defence of Detained, Suspected <strong>and</strong> Accused<br />
Persons.” The regulations provide for the participation of defence lawyers in criminal cases,<br />
describe mechanisms for providing free legal aid, establish a procedure for renouncing defence<br />
counsel, as well as a procedure for filing complaints about violations of the right to legal<br />
defence.<br />
374. Recommendation (m) stated: Given the numerous reports of inadequate legal counsel<br />
provided by State-appointed lawyers, measures should be taken to improve legal aid<br />
service, in compliance with the United Nations Basic Principles on the Role of Lawyers.<br />
375. According to NGOs, the present provision requiring the presence of a legal counsel at the<br />
first interrogation has not changed. However, this does not mean that the presence of a legal<br />
counsel during the 24 hours after detention is ensured. Concerning the recommended changes to<br />
improve the legal aid service, no amendments were introduced into legislation.<br />
376. The Government informed that at the moment, the Ministry of Justice, together with<br />
some representatives of the bar are elaborating a concept paper on the reform of the bar, where a<br />
series of complex <strong>and</strong> targeted measures aimed at effectively resolving the bar’s tasks as an<br />
important part of civil society <strong>and</strong> of a civilised judicial system are detailed. Regulations about<br />
defence lawyers’ aides, <strong>and</strong> about the qualification commissions under the Ministry of Justice<br />
are being elaborated. On 8 June 2005, the Minister of Justice issued decree No. 92 “On<br />
Perfecting the Bar’s Functioning.” It aims at improving the professional training of defence<br />
lawyers by introducing amendments to the law “On the Bar,” concerning the requirement for an<br />
internship <strong>and</strong> membership in the Association of the Bar. Furthermore, it aims at strengthening<br />
the material <strong>and</strong> equipment situation of bar associations, including payment for legal aid<br />
services; <strong>and</strong> monitoring whether the State respects the rights of defence lawyers in the exercise<br />
of their profession. It also foresees that defence lawyers, at their own cost, upgrade their<br />
qualification in the Republican Training Centre for Jurists.