List of Issues : Uzbekistan. 16/11/2000.
CCPR/C/70/L/UZB. (List of Issues)
HUMAN RIGHTS COMMITTEE
Seventieth session


LIST OF ISSUES TO BE TAKEN UP IN CONNECTION WITH THE CONSIDERATION OF THE INITIAL REPORT OF UZBEKISTAN
(CCPR/C/UZB/99/1)


Constitutional and legal framework within which the Covenant and Optional Protocol are implemented, state of emergency (arts. 1, 2 and 4), Optional Protocol

1- What is the status of the Covenant within the domestic law? Can it be invoked before the courts? Is it applied by the courts? (report, paras. 31, 35)

2- Please provide examples of investigations of human rights violations conducted by the Commissioner for Human Rights of the Oliy Majlis? Does she refer to provisions of the Covenant? Explain the composition and functions of the Commission for the Observance of Citizens` Rights and Freedoms. (report, para.45)

3- Please provide information about the regulation of the state of emergency and its conformity with article 4 of the Covenant.

4- In light of allegations that individuals have been harassed by the authorities, what measures have been taken to ensure that individuals can avail themselves of this procedure without fear of harassment?

5- Please indicate what are the procedures or mechanisms in place for the implementation of any Views which may be adopted by the Committee under the Optional Protocol.

Right to life, disappearances, treatment of prisoners, right to liberty and security of person (arts. 6, 7, 9, 10, 16)

6- In view of the adoption in 1998 of Amendments and Addenda to Selected Statutes Act is the State Party considering the abolition of capital punishment? Please provide the number of persons on death row and the number of persons executed after being sentenced to death during the last two years. (report, paras. 139, 140)

7- How many complaints on enforced or involuntary disappearances have been reported during the last three years? Have those cases been investigated and with what results? Reference is made to the Report of the Working Group on Enforced and Involuntary Disappearances (E/CN.4/2000/64, paras. 93 – 95).

8- a) Please provide examples of investigation of complaints concerning torture and ill-treatment committed by police officers, officials of the Ministry of Internal Affairs, security forces and prison officials and of the punishment and disciplinary measures imposed on those found to be responsible. (report, paras. 145, 147)

b) Please explain what other measures, in addition to the Presidential Order of 1998 (report, para. 153), have been adopted to prevent excessive use of force by the police, including arbitrary detention, torture and other abuses.

9- What is the legal status and competence of the National Security Service? Does it have power to detain, and, if so, who exercises control over its detention facilities?

10- Please provide details on legal regulations of custody and preventive detention, in particular:

a) With reference to para. 175 (4) of the report, please explain who has the power to detain; please elaborate on expressions "other investigative authority and any competent person". Who exercises control over those institutions?

b) With reference to para. 175 (15) and (16) of the report, please explain how those regulations are compatible with art. 9 of the Covenant.

c) Please explain how rights provided for in art. 9, para. 3, of the Covenant are being secured.

d) In situations described in para. 175 (16) of the report, please explain whether access to legal counsel is guaranteed.

11- Please give details concerning the present conditions of detention in prisons and other alleged private or unofficial places of detention, including those in the vicinity in Jasluk. What is the legal status of the Jasluk detention centres? What measures are being taken by the State party to comply with the Standard Minimum Rules for the Treatment of Prisoners? (report, paras. 175-20 to 175-30 and 190, 191)

12- Please provide information on the alleged death in detention, in 1999, of several inmates of the prison complex near Jasluk. How many other cases of violent death of inmates have been reported during the last three years? Have those cases been investigated and with what result?

Freedom of religion and expression (arts. 18, 19)

13- Please give information on imprisonment of persons as a consequence of their activities in unregistered religious organizations. Please explain what kind of restrictions on the registration and activities of religious organizations have been established by law. (report, paras. 261, 263)

14- Please provide further information on restrictions of freedom of opinion and expression specified by law and administrative practice. (report, para. 272)

15. How many people have been arrested and charged pursuant to art. 244-1 of the criminal code criminalizing distribution of printed material propagating ideas about "religious extremism"?

Right to a fair trial (art.14)

16- With regard to the independence of the judiciary, please furnish details on the criteria and procedures for recruitment, training, career development, dismissal, retirement, complaints and accountability of judges. (report, para. 211)

17- Please explain how rights provided for in art. 14, para. 2, of the Covenant, in particular the presumption of innocence, have been secured in practice? Reference is made to the Conclusions and Recommendations of the Committee against Torture CAT/C/23/7, para. 5 (d).

18- Please provide details how other rights provided for in art. 14, para. 3, of the Covenant have been guaranteed, in particular, access to counsel, trial without delay, prohibition of compulsion to testify against oneself or to confess guilt.

19. What steps have been taken to ensure that court proceedings are open to the public, including local and international human rights monitors?

Gender equality and the principle of non-discrimination (arts. 3 and 26)

20- What measures have been adopted to obtain equal status for women in public life?

21- What measures have been taken, or are being considered, by the State party to combat abuses of all kinds against women, including violence in the home and rape, etc.?

22- Please provide information about the traffic of women and girls for the purpose of prostitution, and methods taken to combat this practice.

23. With regard to paragraph 104 of the report, what measures has the State party taken or envisages to take to combat discrimination of women, which purportedly have been hitherto justified by considerations of religion and tradition.

Expulsion of aliens (art. 13)

24- Please explain the expulsion procedure. Has a person subjected to the procedure a right to appeal against an expulsion order? (report, para. 206)

Freedom of association (art. 22)

25- What are the procedures for registration of NGOs? In how many cases has registration been denied or delayed and for what reasons?

26- In light of alleged instances of harassment of human rights defenders by State officials, what measures have been undertaken or are envisaged to eliminate those practices?

Participation in the conduct of public affairs (art. 25)

27- Are there any cases in which a ban on activities of political parties has been imposed?

28- In view of alleged violations of the principle of free elections during recent parliamentary and presidential elections, please explain what are the guarantees for free expression of the will of electors?

Dissemination of information relating to the Covenant (art.2)

29- Please indicate the steps taken to disseminate information on the submission of this report and its consideration by the Committee, in particular, on the Committee=s concluding observations. Furthermore, please provide information on education and training on the Covenant and its Optional Protocol provided to all categories of public officials, in particular to school teachers, judges, lawyers and police officials.


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