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 80<br />
“Human Rights – a Priority of the Prosecutor’s Office”; <strong>and</strong> on 12 November 2005, on<br />
“Guaranteeing Human Rights <strong>and</strong> Freedoms During Investigation <strong>and</strong> Trial.”<br />
383. Recommendation (p) stated: Serious consideration should be given to amending<br />
existing legislation to place correctional facilities (prisons <strong>and</strong> colonies) <strong>and</strong> rem<strong>and</strong> centres<br />
(SIZOs) under the authority of the Ministry of Justice.<br />
384. According to NGOs, this transfer has not yet taken place.<br />
385. The Government informed that this problem is being discussed by experts <strong>and</strong> academics.<br />
386. Recommendation (q) stated: Where there is credible evidence that a person has been<br />
subjected to torture or similar ill-treatment, adequate reparation should be promptly given<br />
to that person; for this purpose a system of compensation <strong>and</strong> rehabilitation should be put<br />
in place.<br />
387. According to NGOs, there have not been any cases of compensation to the victims of<br />
torture.<br />
388. The Government informed that according to the Supreme Court there have not been any<br />
cases of compensation. However, legislation provides for compensation (i.e. articles 985 to 991<br />
of the Civil Code describe the procedure for compensation for moral <strong>and</strong> material damage to<br />
victims of torture or other cruel forms of treatment). The same right is also anchored in the<br />
Resolution of the Supreme Court’s Plenary of 28 April 2000 “On Questions of Applying the Law<br />
on Compensation for Moral Damage.”<br />
389. Recommendation (r) stated: The Ombudsman’s Office should be provided with the<br />
necessary financial <strong>and</strong> human resources to carry out its functions effectively. It should be<br />
granted the authority to inspect at will, as necessary <strong>and</strong> without notice, any place of<br />
deprivation of liberty, to publicize its findings regularly <strong>and</strong> to submit evidence of criminal<br />
behaviour to the relevant prosecutorial body <strong>and</strong> the administrative superiors of the public<br />
authority whose acts are in question.<br />
390. According to NGOs, a new law was adopted, however, they did not see any real changes<br />
resulting from it.<br />
391. The Government informed that, in accordance with art. 14 of the law “On the Human<br />
Rights Commissioner of the Oliy Majlis of the Republic of Uzbekistan,” the Commissioner,<br />
when reacting to citizens’ complaints <strong>and</strong> when examining violations of rights <strong>and</strong> freedoms <strong>and</strong><br />
legal interests of the citizens on his/her own initiative, has the right to: ask organizations <strong>and</strong><br />
officials for cooperation in the conduct of an investigation of the circumstances in question;<br />
invite representatives of organizations <strong>and</strong> officials to conduct an investigation of the<br />
circumstances in question; ask for <strong>and</strong> receive documents, materials <strong>and</strong> other testimonies from<br />
organizations <strong>and</strong> officials; receive explanations from officials; entrust organizations <strong>and</strong> experts<br />
with the preparation of conclusions of issues in question; conduct meetings <strong>and</strong> interviews with<br />
an arrested or detained person; <strong>and</strong> petition relevant bodies on bringing to justice perpetrators of<br />
human rights violations. In accordance with art. 15 of the law, officials are obliged to put the<br />
requested documents, materials <strong>and</strong> other information relating to violations of rights, freedoms