A decision was made to send a parliamentary inquiry to the Ministry of Internal Affairs and the General Prosecutor’s Office
Tashkent, Uzbekistan (UzDaily.com) — During the sixth plenary session of the Senate of the Oliy Majlis, the issue of sending a parliamentary request to the Ministry of Internal Affairs and the General Prosecutor’s Office of the Republic of Uzbekistan on the status of committing such crimes as the use of torture and other cruel, inhuman or degrading dignity of treatment and punishment.
It was noted that the Committee of the Senate of the Oliy Majlis on Judicial and Legal Issues and Anti-Corruption has studied the commission of such crimes as the use of torture and other cruel, inhuman or degrading treatment or punishment in the investigation and inquiry bodies, and penal institutions.
In recent years, a large-scale work has been carried out in the country to ensure the rights and freedoms of citizens, first of all, reliable guarantees of protection from criminal encroachments, as well as to prevent humiliation of their honor and dignity, and to limit their legitimate interests. In particular, a number of normative legal acts have been adopted in this direction.
Also, for the first time in 2019, the report of the Republic of Uzbekistan on the fulfillment of the obligations defined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was submitted to the UN Committee against Torture, together with the Alternative Report of the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman).
However, the appeals from the population and the analysis of judicial practice show that there are still cases of the use of unlawful actions against persons detained by law enforcement agencies, held in custody and sentenced to imprisonment. For example, in 2017, 24 appeals were received on these issues to the Commissioner of the Oliy Majlis for Human Rights (Ombudsman), in 2018 – 101, 2019 – 138 and as of May 25, 2020 – 40. As you can see, year after year the number of complaints addressed to the Commissioner is growing. All these appeals were taken under control and sent for consideration to the General Prosecutor’s Office and the Ministry of Internal Affairs of the Republic of Uzbekistan.
However, the Ombudsman is not provided with information on the results prior to the investigative checks carried out on the part of the complaints sent.
According to the General Prosecutor’s Office, due to the commission of a crime under Article 235 of the Criminal Code by law enforcement and regulatory officials and other persons, only 25 criminal cases were initiated and investigative measures were taken against 96 people.
In 2017, 8 law enforcement officials, 4 in 2018, and in 2019, 6 employees were prosecuted for torture and other cruel, inhuman or degrading treatment or punishment.
In addition, in 2017-2018 the courts considered only 21 cases and sentenced 38 people for the use of torture and other cruel, inhuman or degrading treatment or punishment.
The presence of such cases raises well-grounded objections of the population, leads to a loss of confidence in law enforcement agencies and justice.
In addition, this negatively affects the position of our country in international ratings and indices. For example, Uzbekistan ranks 136th among 212 countries according to the sub-indicator “Political stability and absence of violence” of the World Bank’s Governance Quality Indicator, according to the indicator of ensuring basic (fundamental) rights of the Rule of Law Index of the international non-governmental organization “World Justice Project” Uzbekistan ranks 110 among 128 countries -a place.
Based on the above, the Senate of the Oliy Majlis made a decision to send a parliamentary inquiry to the Ministry of Internal Affairs and the General Prosecutor’s Office of the Republic of Uzbekistan about the state of commission of such crimes as the use of torture and other cruel, inhuman or degrading treatment or punishment.