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TORTURE IN UZBEK LAW

Uzbekistan's international commitments and its domestic law contain numerous protections against torture. Uzbekistan acceded to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment on August 31, 1995. Uzbekistan is also a party to the International Covenant on Civil and Political Rights, article 7 of which prohibits the use of torture and other "cruel, inhuman or degrading treatment or punishment."11 The Constitution of the Republic of Uzbekistan recognizes the supremacy of international legal norms over domestic law.12 There are also express constitutional guarantees against the use of torture. Article 13 of the constitution pronounces that "the highest value [in Uzbek governance] is placed on the individual, his life, freedom, honor, dignity and other inalienable rights." Article 26 explicitly forbids the torture, or cruel and humiliating treatment of any person, while guaranteeing that all enjoy the presumption of innocence and the right to defense in criminal proceedings. Furthermore, article 44 guarantees that each person enjoys the right to appeal to the courts for redress of any illegal action by state agents.13

The new code of criminal procedure which came into force on July 1, 1999, introduced numerous provisions forbidding the use of violent and coercive methods of investigation. In the section outlining the principles of criminal procedure, article 17 is devoted to the "respect for the honor and dignity of the person;" it states that "judges, prosecutors, investigators and interrogators are obliged to respect the honor and dignity of all persons party to a case....None can be subjected to torture, the use of force, or any other cruel or humiliating treatment. Any actions or decisions which assault the honor and dignity of the individual, which lead to the dissemination of information about his personal life, or threaten his health or without any basis cause him physical or moral suffering, are forbidden."14 Article 22, entitled "Establishment of the truth," states clearly that "Obtain[ing] testimony of a suspect, accused person, defendant, victim, witness or any other party to a case by the use of force, threats, violations of their rights or other illegal means is prohibited."15 Article 88, on the "Preservation of the rights and legal interests of citizens, enterprises, institutions and organizations during the preliminary investigation process" forbids "(1) actions, presenting a danger to the life and health of persons, or offending their honor and dignity; (2) to force [suspects] to give testimony, explanations, conclusions, to carry out experimental activities, or the preparation of documents or other objects by force, using threats, deceit or other illegal actions."16

Compulsion to testify, whether through psychological or other pressure on a suspect, accused person, witness, victim, or any other participant in legal proceedings is a criminal offense under Uzbek law. Article 235 of the criminal code specifies that the use of "threats, blows, beatings, torture [istiazanie], the infliction of physical suffering [prichineniie mucheniia], or the infliction of light or medium injuries by the interrogator, investigator, procurator" is punishable by up to five years of imprisonment. Furthermore, if serious physical harm results from these actions, the penalty may be increased to eight years.17 Articles 104 through 111 of the criminal code define forms of assault which could be applied in the prosecution of acts of torture; article 110 specifically addresses "torture" [istiazanie], and refers to "the systematic infliction of beatings or other actions amounting to torture..."18

The new criminal procedural code does not explicitly forbid the use of information obtained through torture as evidence in criminal proceedings. The Uzbek Supreme Court, recognizing, perhaps, that police investigators and prosecutors rely most heavily on confessions to secure guilty verdicts, and that this creates an incentive to use torture, has erected a legal barrier against this. The Supreme Court issued a plenary court decision on May 2, 1997, which states that "...any evidence obtained unlawfully shall be devoid of evidential value and cannot form the basis of a judgment." The Uzbek National Human Rights Center, a governmental agency created with support from the United Nations and headed by Akmal Saidov, a member of parliament, has determined that unlawfully obtained evidence can be grounds for an acquittal.19 But this barrier, as will be shown below, is rarely if ever successful in ruling this evidence inadmissable and has done nothing to discourage or prevent the practice of torture.

11 International Covenant on Civil and Political Rights (ICCPR), adopted and opened for signature, ratification, and accession by United Nations General Assembly resolution 2200 A (XXI) on 16 December, 1966. Entered into force on 23 March 1976. 12 "The people of Uzbekistan, in recognizing the priority of the generally accepted norms of international law...through its appointed representatives, adopts this Constitution,"Constitution of the Republic of Uzbekistan, adopted December 8, 1992. Preamble. 13 Ibid. 14 Ugolovno-protesessual'nyi kodeks Respubliki Uzbekistan (Code of Criminal Procedure of the Republic of Uzbekistan), hereafter Code of Criminal Procedure, all citations from 1999 edition, translated by Human Rights Watch. 15 Code of Criminal Procedure, p. 274. 16 Code of Criminal Procedure, p. 305. 17 Ugolovnyi kodeks Respubliki Uzbekistan (Criminal Code of the Republic of Uzbekistan), hereafter Criminal Code. Entered into force September 22, 1994. 18 Ibid. 19 United Nations Committee against Torture "Consideration of Reports Submitted by States Parties Under Article 19 of the Convention: Initial Reports of States Parties Due in 1996 Addendum: Uzbekistan," 24 August 1999 (hereafter referred to as Uzbek Committee against Torture Report), pp. 16-17.

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