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E/CN.4/2006/6/Add.2 page 78 369. Recommendation (k) stated: Confessions made by persons in MVD or SNB custody without the presence of a lawyer/legal counsel and that are not confirmed before a judge should not be admissible as evidence against persons who made the confession. Serious consideration should be given to video and audio taping of proceedings in MVD and SNB interrogation rooms. 370. According to NGOs, the courts continue to accept confessions that were obtained under torture. 371. The Government reiterated the response in para. 358. 372. Recommendation (l) stated: Legislation should be amended to allow for the unmonitored presence of legal counsel and relatives of persons deprived of their liberty within 24 hours. Moreover, law enforcement agencies need to receive guidelines on informing criminal suspects of their right to defence counsel. 373. The Government informed that to guarantee the respect for the rights of arrested and accused persons, the Main Investigation Department of the Ministry of Interior, in March 2003, together with the Presidium of the Collegiums of Advocates of Tashkent, elaborated and adopted regulations “On Guaranteeing the Right to Legal Defence of Detained, Suspected and Accused Persons.” The regulations provide for the participation of defence lawyers in criminal cases, describe mechanisms for providing free legal aid, establish a procedure for renouncing defence counsel, as well as a procedure for filing complaints about violations of the right to legal defence. 374. Recommendation (m) stated: Given the numerous reports of inadequate legal counsel provided by State-appointed lawyers, measures should be taken to improve legal aid service, in compliance with the United Nations Basic Principles on the Role of Lawyers. 375. According to NGOs, the present provision requiring the presence of a legal counsel at the first interrogation has not changed. However, this does not mean that the presence of a legal counsel during the 24 hours after detention is ensured. Concerning the recommended changes to improve the legal aid service, no amendments were introduced into legislation. 376. The Government informed that at the moment, the Ministry of Justice, together with some representatives of the bar are elaborating a concept paper on the reform of the bar, where a series of complex and targeted measures aimed at effectively resolving the bar’s tasks as an important part of civil society and of a civilised judicial system are detailed. Regulations about defence lawyers’ aides, and about the qualification commissions under the Ministry of Justice are being elaborated. On 8 June 2005, the Minister of Justice issued decree No. 92 “On Perfecting the Bar’s Functioning.” It aims at improving the professional training of defence lawyers by introducing amendments to the law “On the Bar,” concerning the requirement for an internship and membership in the Association of the Bar. Furthermore, it aims at strengthening the material and equipment situation of bar associations, including payment for legal aid services; and monitoring whether the State respects the rights of defence lawyers in the exercise of their profession. It also foresees that defence lawyers, at their own cost, upgrade their qualification in the Republican Training Centre for Jurists.
E/CN.4/2006/6/Add.2 page 79 377. Recommendation (n) stated: Medical doctors attached to an independent forensic institute, possibly under the jurisdiction of the Ministry of Health, and specifically trained in identifying sequelae of physical torture or prohibited ill-treatment should have access to detainees upon arrest and upon transfer to each new detention facility. Furthermore, medical reports drawn up by private doctors should be admissible as evidence in court. 378. According to NGOs, the legislation was not amended accordingly. Obtaining medical expertise establishing whether torture was used is practically impossible. In rare cases, when a detainee is transferred from one institution to another, medical examinations are conducted and signs on the body of the arrested person are recorded. Only in such exceptional cases, it is possible to prove the use of torture. 379. The Government reiterated the response in para. 358. 380. Recommendation (o) stated: Priority should be given to enhancing and strengthening the training of law enforcement agents regarding the treatment of persons deprived of liberty. The Government should continue to request relevant international organizations to provide it with assistance in that matter. 381. According to NGOs, in this area measures were taken by the Government, which they warmly welcome. 382. The Government informed that in November 2004, upon the initiative of the Supreme Court, together with the Prosecutor’s Office and the Ministry of Interior, training seminars for judges, prosecutors, investigators and interrogators from different state bodies were held in all regions of the country to raise awareness about Resolution No. 12 of 24 September 2004 of the Plenary of the Supreme Court “On Some Questions Related to the Norms of the Criminal Procedure Legislation about the Permissibility of Proofs.” The Ministry of Interior Academy, where current staff is re-trained, has included a course about human rights in its curriculum. The “Training School for Rank and File Officers” has a similar programme. Within the Ministry of Interior, an examination board verifies the professional level of staff members, including of the management level. In 2005 it conducted a thorough evaluation of the managers of the Interior Ministry Organs and staff members of some services. As a result all staff members are professionally assessed; and shortcomings identified in the process can be addressed through concrete proposals to upgrade professionalism. Analogous institutions function in the local departments of the Interior Ministry. Prosecutors undergo regular training in the “Centre on the Strengthening of the Rule of Law and Upgrading of Qualification of Prosecutors and Investigators” on the issue of human rights and up-to date investigation techniques. Between October 2004 and December 2005, the Centre conducted five sessions on improving investigative work, taking into account up-to-date investigation techniques and human rights. More than 150 prosecutors, investigators, and staff of the Department on Fighting Crimes Relating to Foreign Currency and Tax under the Prosecutor General’s Office participated. Several other training events on human rights topics (e.g. on the Ombudsman, religious extremism and terrorism, habeas corpus, international human rights standards) were held with the participation of foreign specialists from the UN, Organization for Security and Cooperation in Europe, the United States, South Korea, and Japan. In particular the following seminars were held: on 18 March 2005, “Guaranteeing Human Rights during Interrogation”; on 20 March,
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