Comments of the Republic of Uzbekistan
to the Summary of the 25 NGOs Reports and Statements with their allegations about human rights violation in Uzbekistan The Government of Uzbekistan undertakes coherent measures to improve the situation in the field of human rights with special attitude to the fulfillment of its international obligations in this field. The policy of Uzbekistan in the field of human rights is implemented in accordance with fundamental principles and measures developed by the United Nations. Therefore, Uzbekistan forged close relationships with chartered and UN treaty bodies as well as with specialized UN mechanisms.
Having reviewed the information provided by the NGOs one can come to a conclusion that these organizations often use inaccurate information based on the groundless evidence and rumors.
Their activities, in most cases, are deliberately aimed at discrediting Uzbekistan’s Government policy in the field of human rights. NGO’s criticism of Uzbekistan’s policy is not constructive and does not stimulate further progress of the country and the society towards an effective system of human rights protection. The NGOs conclusions are incompetent, superficial and aimed at exaggerating the real situation. They do not have an objective analysis of positive experience gained by Uzbekistan.
One can with confidence say that during the years of its independence Republic of Uzbekistan has created effective system of human rights protection, namely:
firstly, Republic of Uzbekistan has developed its own model of gradual implementation of international standards into its national legislation and law enforcement practice. For example, introduction of international standards on abolition of capital punishment and “Habeas Corpus” in 2008 has been preceded by three years of preparatory works on these changes by the whole society, judicial and legal systems, law enforcement bodies and population;
secondly, in Uzbekistan there has been formed a national system for monitoring observance of human constitutional rights and freedoms and execution of international norms and principles with respect to human rights, which include parliamentarian monitoring and control over executive body’s activities (committees and commissions of Legislative Chamber and Senate of Oliy Majlis of Uzbekistan, Parliamentarian Authorized Person (Ombudsman)), monitoring by executive bodies (Center for monitoring of legal acts enforcement under the Ministry of Justice of Uzbekistan), monitoring by the President of the Republic of Uzbekistan (Institute for monitoring of current legislation under the President of the Republic of Uzbekistan), monitoring by judicial authorities (Research center on democratization and liberalization of judicial law and provision of independent judicial system), and also public monitoring by non-government, non-profit organizations and citizens self-governance institutes;
thirdly, based on the recommendations of international organizations the additional national institutes on human rights has been set up in Uzbekistan (the Authorized Person (Ombudsman), National Human Rights Center of the Republic of Uzbekistan, etc.), which ensure protection of human rights and freedoms by legislative, executive and judicial branches of power in accordance with international standards and requirements;
fourthly, in order to increase the effectiveness of human rights protection activity by the ministries and institutions there functions a special department within of Ministry of Justice, the Ministry of Internal Affairs, Office of Public Prosecutor of the Republic of Uzbekistan, which deals with human rights issues, also having its regional branches;
fifthly, there has been set up an educational system on human right issues in Uzbekistan within the framework of respective institutes and educational centers that encompasses school and preschool children as well as students, civil servants of law enforcement systems and courts, pedagogical, medical and social workers raising the level of their knowledge in the field of human rights;
sixthly, starting from 1997 it has become a general practice in Uzbekistan to dedicate each year to solution of the respective important political, socio-economical and cultural aspects of
human rights. For example, the year of 1997 was dedicated to the rights and interests of an individual, year of 1999 – to women rights, mother and child protection, year of 2005 – to health protection, year of 2006 – to charity and medical workers, year of 2007 – to population’s social protection. The State programs dedicated to one of the issues of human rights and approved by a special decree of the Cabinet of Ministers of the Republic of Uzbekistan envisage concrete measures to improve the living standards of citizens, of each family, and also to unite the efforts of state and non-government institutes in the field of protection of human rights and freedoms;
seventhly, Uzbekistan has developed a reporting system to UN Committees that covers different categories of human rights and complies with international requirements. It timely prepares and sends national country reports about execution of its international obligation. It has already prepared 20 national reports. Eighteen of them were reviewed by corresponding committees with submission of final recommendations on them. The important part of this system is preparation and adoption of National Action Plans on implementing Final Recommendations of UN Committees following the results of reviewed national reports. Today more than 10 National Action Plans are being implemented;
eighthly, issues of human rights and freedoms protection in Uzbekistan are in the main focus not only of the state but also of the public. Civil society institutes take active part within the framework of current legislation in the process of legislature improvement, public monitoring of human rights observance with respect to vulnerable stratum of society, informational and educational activities as well as in the preparation of regular national reports of the Republic of Uzbekistan on meeting its obligations in the area of human right issues.
Studying the activities of the Republic of Uzbekistan in the field of human rights for the last three years gives a clear and distinct idea on the extent of influence of international standards on the country’s policy in this field.
In recent years Uzbekistan has adopted various laws aimed at complete renovation and modernization of the country, improvement of mutual relationships between the state, society and an individual, namely laws “On Mass Media” (new edition) (January 15, 2007); “On guarantees of non-governmental non-profit organizations activities” (January 3, 2007); “On charity” (May 2, 2007); “On reinforcement of the role of political parties in renovation and further democratization of state governance and country modernization” (April 11, 2007); “On amendments and additions to some legislative acts of the Republic of Uzbekistan related to abolition of capital punishment” (July 1, 2007); “On amendments to some legislative acts of the Republic of Uzbekistan related to authorizing courts of issuing sanctions for confinement” (July 11, 2007); “On guarantees of child’s rights” (January 7, 2008); “On combating human trafficking” (April 17, 2008).
The year 2008 is declared in Uzbekistan as the “Year of Youth”. It is obvious because 10,360,000 people are the youth under 18 years old or 40% of the whole population, while 17,800.000 people are the youth under 30 years old or 64% of the whole population. The issue of continuous care of the whole society on solving youth problems who are the majority of the country’s population was and will always be at the center of the state’s focus as well as the public’s.
The Decree of the President of the Republic of Uzbekistan “On the State Program “The Year of Youth” has been adopted on February 29, 2008. Based on this Decree the State Program dedicated to the “Year of Youth” was approved where the main directions of youth support, including girls, in different areas have been determined by improving legal framework providing observance of the rights and interests of youth, educational process quality improvement, improvement of material and technical base of educational institutes, and solving complex issues related to youth employment, etc.
In the period of 2005-2007 the work on preparation and review of regular national reports on implementation of main international documents concerning human rights issues was continued:
The UN Committee on Economical, Social and Cultural Rights during its 35th session on November 11-14, 2005 reviewed the First and Second regular reports of Uzbekistan on execution of International Covenant on Economic, Social and Cultural rights;
The UN Committee on the rights of the child during its 42nd session on May 19, 2006 reviewed Second regular report of Uzbekistan on execution of Convention regulations on the rights of the child;
The UN Committee on the elimination of all forms of discrimination against women during its 36th session on August 10, 2006 reviewed Second and Third regular reports of Uzbekistan on execution of Convention regulations on the elimination of all forms of discrimination against women;
The UN Committee against torture on November 5-13, 2007 reviewed Third regular report of Uzbekistan on execution of Convention regulations against torture and other cruel, inhuman or degrading treatment or punishment.
In 2007-2008 two important events took place: first time in the history of Uzbekistan a woman has been nominated for the post of the President of the Republic of Uzbekistan and for the first time a woman was elected as the speaker of the Legislative Chamber in Oliy Majlis (the Parliament) of the Republic of Uzbekistan.
In order to improve the legislation on the rights of children, the Parliament of Uzbekistan ratified on April 2008 two Conventions of International labor organization: #138 “On the minimum age for admission to employment” and #182 “On immediate actions and elimination of the worst forms of child labor”. In order to implement these international norms regarding labor rights of children and youth, essential legislative and organizational measures are being taken. For example, the resolution of the Cabinet of Ministers of the Republic of Uzbekistan #207 “On measures of realization of ratified by the Republic of Uzbekistan Convention on the minimum age for admission to employment and Convention on immediate actions and elimination of the worst forms of child labor” was adopted on September 12, 2008.
Today it is being considered to take measures on introduction in Uzbekistan the position of Authorized person on the rights of the child in accordance with the obligations defined by joining to the UN Convention on the rights of the child. This institute is aimed at conducting constant monitoring of the guarantees of children rights and tracking the situation in the field. The State program dedicated to the “Year of social protection” (2007) envisages special provisions about considering issues of creation of Authorized person (Ombudsman) institute in Uzbekistan, while the program on measures dedicated to the 60th anniversary of the Universal declaration on human rights foresees the adoption of the Law of the Republic of Uzbekistan “On Authorized person on the rights of the child”.
Within the framework of implementation of provisions of the Universal declaration on human rights and other international documents, Republic of Uzbekistan has to further improve its political, economical and law enforcement system, create the most convenient conditions for guarantees and protection of human rights and freedoms.
Republic of Uzbekistan submitted many times information regarding groundless statements of different international NGOs and again sees appropriate to respond to some of the addressed to Uzbekistan attacks.
I. BACKGROUND AND FRAMEWORK Institutional and human rights infrastructure
1. Veritas Youth Human Rights Movement (VERITAS) noted that even though the Uzbek legislation, including the Constitution, recognizes the supremacy of international law over national law, international human rights treaties are not invoked before the domestic courts.
This statement indicates on the negligence of the theory of international law. In accordance to the principles of sovereign equality of the states each state freely chooses its legislative system and, therefore, defines the order of interaction of its legislation with international one. Moreover, the
principle of sovereign equality defines that each state obliges to execute in full and conscientious its international duties.
The resolution of the Institute of international law says “...in principle, the very legislative system of each state defines the most appropriate ways and means to introduce international law on the national level”. It means that the state must build its legislative system so that it can carry out execution of international duties.
The basics of interaction of international and national legislation are defined by constitutional law. Analysis of this law and practice of its application proves that the action mechanism of the national law is not suitable for regulation of international relationships, the same as international law can not regulate internal public relationships. Therefore, the expression “immediate action of the norms of international law” in judicial system of country carries the relative sense. It means that the regulations encompassed by these norms subject to the immediate application after imposing to them corresponding legislative power by the national legislation.
Foreign practice distinguishes two types of international agreements: agreements that have immediate application starting from their promulgation and ratification; agreements that need to be mediated by the law. In particular, inaccuracy of conditions and recommendation character of the Convention on the rights of the child does not allow applying it immediately. So, the Convention on the rights of the child does not have immediate application. It means that entities participating in juridical process can not directly refer to the regulations of the Convention.
Thus, in order to be able to regulate the relationships with participation of individuals and legal entities, it is necessary to put the regulations of international law into force incorporating them with the legislative system of the state in established order. This process is usually called transformation, meaning transformation of norms of international law into the norms of national one. Indeed the norms of international law are not transformed, they keep their status. While its content has a status of national law. In other words, we talk about implementation of international norms into national one.
Upper said let us make a conclusion that the regulations of international UN Convention are applied in Uzbekistan indirectly, after being implemented in the Constitution and other branches of legislation, where the courts refer during taking their decisions.
II. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND A. Cooperation with human rights mechanisms
2. Human Rights Watch (HRW) informed that the government continues to refuse to grant United Nations special procedures access to the country despite their longstanding and repeated requests for invitations to visit Uzbekistan. The International Commission of Jurists (ICJ) added that the Office of the High Commissioner for Human Rights was unable to visit the country to report on the Andijan events, and that the Tashkent office of the United Nations High Commissioner for Refugees (UNHCR) was forced to close in 2006, due to Government pressure.
Such claims of the “Human Rights Watch” have no basis whatsoever. Uzbekistan is open for dialogue with representatives of special bodies of UN and other international organizations. In November 2002, the Special Rapporteur on tortures of the UN Commission on Human Rights, Mr.
Teo Van Boven, visited Uzbekistan and received the information he was interested in from official government structures, as well as from other human rights organizations, such as “Mothers against death penalty and torture”, “Freedom House”, “Mazlum”, “Ezgulik”, “Uzbekistan Human Rights Society” (UHRS), “Independent Human Rights Organization of Uzbekistan” (IHROU) and international organizations, operating in Uzbekistan (UNDP, OSCE and etc.) On the basis of Teo Van Boven’s recommendations, in 1994 Uzbekistan adopted the National Actions Plan ratified by the Cabinet of Ministers of the Republic of Uzbekistan, which in 2008 was fully implemented.
In the beginning of 2004, an independent expert of the UN Human Rights Commission, Mr.L.Guseynov, visited Uzbekistan, who had a chance to familiarize himself with several penitentiary institutions, including in the settlement Djaslik and prepare his recommendations on issues, related for improving the conditions of prisoners, the detained and arrested persons. In order to implement his recommendations, a National Actions Plan was also adopted which has fully been implemented by this date.
In 2004 the regional counselor of the UN HCHR, Mr. R.Muellerson, visited Uzbekistan and met with representatives of governmental and non-governmental institutions, paid visits to penitentiary institutions, including Djaslik and took part in informational events in Tashkent and several other regions of the country.
The findings of the International Commission of Lawyers about the denial for the representative of the UNHCHR for evaluating Andijan events is true, because the sovereign Republic of Uzbekistan, having the complete authority over its territory, has thoroughly and deeply investigated the events in Andijan and took measures in punishing persons responsible for this tragedy.
The Andijan events were investigated by an investigative group consisted of highly qualified personnel of the law-enforcement bodies of Uzbekistan. Besides, for examining those events, a special independent legislative commission comprising of delegates of Oliy Majlis of the Republic of Uzbekistan was created.
Representatives of diplomatic corps (from Embassies of India, China, Pakistan, Islamic Republic of Iran, Republic of Kazakhstan, Kyrgyzstan, Russian Federation, Tajikistan), who were in a working group, have provided the monitoring of the investigation of tragic events in the Andijan region.
Accusations of this organization that UNHCR in Uzbekistan was forced to be closed in 2006 has no basis because the situation unfolded in following manner:
Since the opening in 1993 the Representative Office of the United Nations High Commissioner for Refugees (UNHCR), its main functions were to organize the repatriation of Tajik refugees from Afghanistan and Turkmenistan back home and provision of humanitarian assistance to refugees in Afghanistan.
Nevertheless the fact, that the Republic of Uzbekistan is not a signatory to the Convention relating to the status of the refugees of 1951 and Protocol of 1967, the republic has provided the Representative Office of UNHCR in Tashkent all around assistance and help in implementing its duties.
In 1993-1997 UNHCR has repatriated through the Uzbek territory to Tajikistan more than 17000 Tajik refugees from Afghanistan, and from January 1998 to May 1999 more than 4.5 thousand refugees from Turkmenistan to Tajikistan.
UNHCR has provided the humanitarian assistance to Afghanistan through the bridge
“Ayraton” in 2001-2004 in a sum exceeding 4 million USD. Since 2005 UNHCR has not used the territory of Uzbekistan for humanitarian aid to Afghanistan.
The stabilization of situation in Tajikistan and the end of military conflicts in Afghanistan have led to the end of the active phase of UNHCR operations in the republic.
The issues regarding the return of the Afghan refuges were solved permanently.
Considering the above mentioned, the Office of UNHCR in Tashkent has fully carried out the duties laid upon it and the obvious reasons for it’s continuing presence in Uzbekistan were absent.
With this regard, the activity of UNHCR in Uzbekistan was stopped in April of 2006.
B. Implementation of international human rights obligations 1. Equality and non discrimination
3. LGBT Organization Labrys and the Sexual Rights Initiative (SRI and Labrys), in a joint submission with others, noted that traditional gender roles require men to be
breadwinners and women to remain at home and take care of the large families. Women are mostly encouraged to see marriage and children as the main purpose of their life. Due to economic pressure during the transition period, the traditional gender roles were challenged because women had to work to earn an income. Sometimes they had to replace the young men who had been put under surveillance and pressure by the government. Bureau on Human Rights and Rule of Law (BHRRL) added that marriageable age is still set at 18 for men and 17 for women.
From the early years of independence Uzbekistan has been taking actions on eliminating gender inequality in all spheres of the life of society. By joining in 1995 The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Uzbekistan took the responsibility in providing the equality of men and women in political, economic, social and cultural areas of society’ life.
Uzbekistan relies on the fact, that all-around development of the country, the well-being of population, establishment of democratic lawful state and formation of civil society are not possible without the maximum participation of women on the same rights as men in all the spheres.
Discrimination of women does not answer the interests of an individual, society and the state, because it destroys the principles of equality and respect of human dignity, outlined by the Universal Declaration of Human Rights.
The Republic of Uzbekistan condemns the discrimination of women because it prevents their participation on the same rights as men in all the spheres of the country’s life. It causes problems for full realization of rights and opportunities by women. But this doesn’t lower the value of women’s contribution in the family’s well-being, nor does it lower the social meaning of maternity and the role of women in continuing the generation and raising a child. State and society assist in changing a traditional role of men as well as women in society and family.
Uzbekistan has not only joined main international documents, regulating the principles and norms in protecting the rights of women, but also on the basis of the thorough account of international standards has formed a national legislation of gender equality and accepted special measures aimed at protecting the maternity, creation of favorable conditions for all-around development of women; created the institutional base of coordination of activities for providing the rights of women on governmental and local levels.
Favorable conditions for development of women’s non-governmental organizations have been created in Uzbekistan which are the important elements of the national system of protection of women’s rights; the practice of accountability before the UN Committee on the Elimination of Discrimination against Women has been enforced where Uzbekistan presents in a timely manner its reports about the implementation of statutes of The Convention on the Elimination of All Forms of Discrimination against Women; for realization of the Final Recommendations of the UN Committee on the Elimination of Discrimination against Women, the practice of developing and carrying out the National plan of actions, foreseeing concrete measures on solving the problems related to women’s rights is also put on place.
Uzbekistan is involved in developing and the consequent adoption of the Law “On the guarantees of equal rights and equal opportunities of women and men”; the further enhancement of the legislature aimed at preventing the trafficking of women and children and the cruelty at home;
developing and strengthening the system of government and society monitoring of realization of women’s rights, enhancing the statistical accountability (including countryside) in society;
introduction into practice the conduction by government and non-governmental structures of gender expertise of the national legislature with an aim of improving the legal base of providing the rights and freedoms of women.
In particular, the Center for monitoring the implementation of the legal-judicial acts of the Ministry of Justice of the Republic of Uzbekistan has carried out a comparative analysis of the national legislature and norms of international law in the sphere of gender equality within the framework of realization of the National Plan of Actions, on implementing the recommendations of
the Second and Third periodical report of the Republic of Uzbekistan, ratified by the interagency working group on December 28 2007.
For realization of the Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women regarding the prohibition of child marriages, and based on the clauses of the Law “About the guarantees of children’s rights”, it was recognized as urgent issue to amend the Family Code, establishing the minimum age of marriage for women – 18. These proposals of the Center for monitoring the implementation of the legal-judicial acts are sent to government bodies that are empowered with legislative initiative’s right.
4. Disability Awareness in Action (DAA) reported that in spite of a strong legislative framework for inclusion, social discrimination of persons with disabilities remains a significant obstacle to full inclusion. National and local authorities demonstrate limited capacity to ensure inclusion and society stigmatizes persons with disabilities, leading to widespread discrimination and further isolation at home or in institutions. Many adults with disabilities are unemployed, under-educated and must rely on government disability benefits to remain above the poverty line. Although 40 per cent of children with disabilities attend mainstream schools, obstacles in accessing educational opportunities and overcoming social prejudice persist for many families. Children with disabilities are too frequently placed in state institutions with only minimal educational opportunities. There is lack of appropriate infrastructure to ensure persons with disabilities physical access to public and private institutions.
It is worth mentioning, that in Uzbekistan, a purposeful work by the government bodies and non-governmental organizations in implementing into the legislature and practice of international standards in providing the rights of the handicapped, including the handicapped children in put in place.
In Uzbekistan the rights of the handicapped children are regulated by a number of laws, particularly by Laws “On protection of citizens’ health”, “On social protection of the handicapped”,
“On employment of population”, “On guarantees of the rights of the child” and others.
The Law of the Republic of Uzbekistan “On guarantees of the rights of the child” adopted on January 7, 2008, based on the recommendations of the UN Commission on Children’s Rights, talks about the definition of a meaning “handicapped child”, where handicapped children are related to children, who are in a difficult life situation due to some formed circumstances, who are in need of special protection and support from the government and the society. The Law for the first time states the additional guarantees for socially vulnerable children, including the handicapped children.
The State provides material, consultative and other assistance and support to the families, raising a handicapped child and children with deficiencies of physical or (and) psychological nature.
Measures are taken for making the educational, medical and cultural-instructional facilities freely accessible for handicapped children; from the moment of determining the handicapped status of a child, he/she is given the right for individual program of rehabilitation, which is obligatory for observance by corresponding government institutions.
Various measures in providing the rights of the handicapped children are practiced in Uzbekistan, including the medico-social aid, which includes prophylactic, diagnostics and treatment, rehabilitation, health sanatoriums and resorts, prosthetic – orthopedic devices, provision of means of transportation on privileged basis and other forms of assistance. Handicapped children also have the right for free medico-social aid in the federal facilities of healthcare, labor and social protection and homecare. Handicapped children have the right to education and training in educational facilities using the specially developed for them programs, corresponding to their physical and mental abilities and wants.
The main important Law of the Republic of Uzbekistan, outlining the basis of government policies with regard to people with disabilities and the social-legal status of them, is the Law “On social protection of the handicapped in the Republic of Uzbekistan”, which was greatly amended on July 11, 2008. This law defines that the state policy with regard of the people with disabilities is
carried out in terms of providing them equal with all the other citizens of Uzbekistan abilities in realizing their rights and freedoms, eliminating barriers in their lives, creation of favorable conditions, that allow to have a complete mode of life, actively participate in the life of a society, and execute own civic responsibilities. It is obvious from this law, that people with disabilities have the complete social-economic and personal rights and freedoms, outlined by the Constitution and other legislative acts of the Republic of Uzbekistan, the state has set up the principle of inadmissibility of discrimination of the people with disabilities.
Another advantage of this Law is that that for the first time it sets up specific sanctions for violating the rights of the handicapped. Thus, the Article 11 of the Law states that not meeting the requirement of the law in creating the conditions for the handicapped for the free access to the objects of social infrastructure, is punished by a fine equivalent from seventy to one hundred times of minimum wage; Article 25 for not implementing the decision of the government bodies in place in creating the minimum work positions for employing the handicapped is punished by a fine equivalent to the yearly wage of an employee of this factory, organization for each of the missing work positions. Article 28 of the Law states if the employee received the disability because of the employer then the latter has to provide not only the care after the disabled person but also compensate the injured worker the caused material and moral damage.
2. Right to life, liberty and security of the person
5. Amnesty International (AI) welcomed the fact that a new law replacing the death penalty with life or long-term imprisonment came into effect on 1 January 2008. However, six months later the authorities have still not published statistics on the death penalty for previous years. The number of those on death row who had their sentences commuted to life imprisonment upon abolition of the death penalty has also not been published. As of July 2008 there has been no progress on providing relatives with information on burial sites of executed prisoners.
From the first years of Independence in compliance with the Remarks of common order №6 of the Committee on human rights the Republic of Uzbekistan consistently reduced the quantity of articles in the Criminal code, contemplating the death penalty.
Until August 29, 1998 the death penalty as a capital punishment for committed crimes has been contemplated in 13 articles of the Criminal code. As a result of vigorous activity of bodies of extrajudicial protection (the National centre of the Republic of Uzbekistan on Human Rights, Ombudsman and a number of non-governmental organisations) Oliy Majlis of the Republic of Uzbekistan with the Law “About amendments and additions into some Legal Acts of the Republic of Uzbekistan” dated August 29, 1998 has excluded the death penalty as punishment for following five kinds of crimes: Article 119 Part 4 (violent satisfaction of sexual requirement in unnatural form); Article 152 (infringement of rules and customs of war); Article 158 Part 1 (an encroachment on life of the President of the Republic of Uzbekistan); Article 242 Part 1 (organisation of a criminal community); Article 246 Part 2 (contraband) of the Criminal Code of the Republic of Uzbekistan.
The further reduction of number of crimes for which fulfilment of the death penalty was envisaged, took place in 2001. According to the Law Nr. 254-II dated August 29, 2001 the death penalty was established only for four types of crimes: wilful homicide under aggravating circumstances (Article 97, Part 2), aggression (Article 151, Part 2), genocide (Article 153) and terrorism (Article 155, Part 3).
On December 13, 2003 on ХIII session of Oliy Majlis the death penalty has been excluded from two articles of the Criminal code: Article 151 – aggression, Article 153 – genocide. Thus, the Criminal code of the Republic of Uzbekistan included only two articles: Article 97 Part 2 (premeditated murder under aggravating circumstances) and Article 155 Part 3 (the terrorism which has caused the death of a person or other heavy consequences) in which the measure of punishment
The full abolition of capital punishment became the major result of the reforms made in Uzbekistan with a view of liberalisation and a humanisation of judicial-legal system. On August 1, 2005 it has been accepted the Decree of the President of Republic Uzbekistan №UP-3641 “About abolition of capital punishment in the Republic of Uzbekistan”, providing since January 1, 2008 the abolition of capital punishment as a kind of criminal punishment and its replacement with punishment in the form of life imprisonment or long terms of imprisonment.
From the day of adoption of the Decree of the President of the Republic of Uzbekistan
“About abolition of capital punishment in the Republic of Uzbekistan” dated August 1, 2005 none of the sentences, concerning the persons condemned to the death penalty has been carried out, i.e.
the moratorium on execution of judgments on death penalty has been de facto established.
On July 11, 2007 the Oliy Majlis of the Republic of Uzbekistan adopted the Law “About amendments and additions into some Legal Acts of the Republic of Uzbekistan in connection with the abolition of capital punishment”. With the Law N ЗРУ-99 dated July 11, 2007 the corresponding amendments were included into the Criminal code of Uzbekistan (Articles 15, 43, 50, 51, 58, 59, 60, 64, 69, 73, 76, 97 and 155 of the Criminal code).
According to the amendments included into the Criminal code of the Republic of Uzbekistan, the punishment in the form of death penalty was replaced with life imprisonment for two kinds of crimes: premeditated murder under aggravating circumstances (Article 97, Part 2 of the Criminal code) and terrorism which has caused the death of a person or other heavy consequences (Article 155 Part 3 of the Criminal code). In the Criminal code it is given the definition of “life imprisonment” (Article 51 of the Criminal code) and completion term of long imprisonment (from 20 till 25 years) for premeditated murder under aggravating circumstances and terrorism is established.
Nowadays in Uzbekistan practical measures on replacement of a death penalty by the punishments connected with life imprisonment or long imprisonment are taken.
6. HRW highlighted that the government’s rights record, long marked by authoritarianism and repression, reached crisis levels following a government massacre of hundreds of mostly unarmed protesters fleeing a demonstration in the city of Andijan in May 2005. Since then, the Uzbek government has sought to rewrite history and silence all those who might question its version of the events, launching an intense crackdown in Andijan itself and exerting pressure on all who knew the truth about the events. Several hundred individuals who were convicted and sentenced in closed trials in 2005 and 2006 are believed to remain in prison serving lengthy sentences. This is particularly true for many of the relatives of hundreds of persons who fled to neighbouring countries in the immediate aftermath of the massacre and were later resettled in third countries, as well as those who fled but later returned to Andijan. These groups remain under intense government pressure and have been subjected to interrogations, constant surveillance, ostracism, and in at least one case, an overt threat to life. As a result, three years after the massacre, government persecution continues to generate new refugees from Andijan.
HRW statements concerning the Andizhan events are not proved to be true by concrete examples and have declarative character. The Republic of Uzbekistan repeatedly represented the detailed information on the events which have occurred in Andizhan, including, information on investigation and court examination concerning the guilty persons and also the data concerning the refugees. This information has been deeply analyzed at the session of UN Committee Against Tortures by consideration of the Third National Report of Uzbekistan on Fulfillment of Positions of the UN Convention Against Tortures. Uzbekistan considers that the regular exaggeration of this issue is inexpedient.
Nowadays, according to the information of the Prosecutor General’s Office of the Republic of Uzbekistan 63 citizens of the Republic of Uzbekistan, so called refugees voluntarily returned to Uzbekistan as well as 301 of those “refugees” appealed for return home from abroad.
It is worth to outline that majority of Uzbek citizens who crossed the border after leaving Andijan did so under deception and compulsion. They were under the constant psychological pressure from criminals, were frightened by their statements about repressions after returning home.
It is proved by the fact that many of accused persons who had a real opportunity to be among so called refugees and escape from Uzbekistan but they voluntarily came to the law-enforcement bodies. During interrogations they stated that terrorists by means of weapons made them to cross over to Kyrgyzstan, where were kept and frightened by statements about institution criminal proceedings against them in case of returning home.
The investigation possesses information that the other category of so called “refugees”, who were by means of deception and compulsion lured into the square and forced to leave Uzbekistan, were under constant psychological pressure. Moreover, the pressure on them were posed by the representatives of various human right and international institutions, who isolated them from the whole world including their relatives who vainly tried to visit them.
All returned “refugees” were not accused for any kind of crimes or persecuted by the authorities. They live in their houses and access to them is not restricted. The statement that international organizations have no access to them is bias because to decide with whom to meet or talk is a purely personal right of those persons.
7. According to VERITAS, the definition of torture and similar ill-treatment in article 235 of the Criminal Code of Uzbekistan do not conform to the definition of torture of the Convention against Torture.
The Constitution of the Republic of Uzbekistan consolidates in Article 26 that “No one may be subject to torture, violence or any other cruel or humiliating treatment”. Article 26 of the Constitution is similar to the positions of Article 5 of the Universal Declaration of Human Rights from December 10, 1948.
The Constitution has established the bases for realization in the legislation of Uzbekistan of the conventional principles and norms of international law demanding interdiction of application of tortures, any kinds of humiliating treatment and punishment, being severe or brutal.
The Criminal code of the Independent Uzbekistan initially envisaged the responsibility for commitment of the acts recognized as torture according to the requirements of international law.
However the implementation of imperative norms of international law demanding prohibition of practice of tortures and attraction of guilty persons to the criminal responsibility, was incompleted and non-system. In particular, it was not included as such definition «torture, other severe, brutal or humiliating treatment and punishment”. The Law of the Republic of Uzbekistan from August 30, 2003 «About amendments and additions into some legal acts of the Republic of Uzbekistan» has eliminated the given blank of the criminal legislation.
The basic direct object of the crime envisaged in Article 235 of the Criminal code, are the public relations providing person’s dignity, the right of each person to human treatment, and also established by law the common and obligatory order of execution of preliminary investigation and inquest. As an additional direct object it is necessary to consider the life or health of person, to whom tortures are applied.
As victim of this crime could be considered only suspected, accused persons, witness, victim, any other participant of criminal case or convicted person, and also their close relatives.
In context of the given article it is necessary to understand under “torture” any action by which it is deliberately caused to the victim a strong pain or suffering, both physical and moral. At the same time it is necessary to have in view that unlike «the severe, brutal treatment or punishment» torture is characterized by causing of considerable, very strong and severe suffering.
The difference between concept “torture” and concept “brutal or humiliating treatment” consists in
“various intensity of sufferings”. Torture is the heaviest kind of cruel treatment. Besides, torture always is brutal or humiliating treatment, and the brutal treatment is always humiliating treatment.
The disposition of considered article specifies the ways of realisation of physical or mental
given list is not exhaustible and under as physical or mental influence can be considered other actions, one of the qualifying signs of which is their illegal character. For example, it is necessary to consider as an act persecuted by the given article also the acts of food and water deprivation, noise influence, deprivation of a dream, heat, standing at a wall, maintenance in a cold premise, etc.
The crime can be committed only by a special subject: investigator, case investigator, public prosecutor or by other representatives of law enforcement bodies or penal establishments.
The analysis of Article 235 of the Criminal code of the Republic of Uzbekistan shows, that it corresponds to Article 1 of the Convention against Torture.
8. AI remained seriously concerned about persistent allegations of widespread torture or other ill-treatment of detainees and prisoners by law enforcement personnel. The relevant authorities have failed to effectively and systematically investigate such allegations. Reports of torture stem not only from men and women suspected of membership of banned Islamic groups or of having committed terrorist offences, but also from all layers of civil society, including human rights activists, journalists and former - often high-profile - members of the government and security forces. Many of them routinely allege that they have been tortured or otherwise ill-treated in custody in order to extract a confession.
The given statement of «International amnesty» are denied by arguments of Manfred Novak, Special Rapporteur on torture, who has presented to UNHCHR (on August 2, 2007) the information, that nowadays there is no an international tool defining character of torture as extended and regular.
In his opinion, only Nepal concerns to the state, where tortures have regular character. In Mongolia, China, Jordan and Nigeria, in his opinion, tortures are widely applied, but there are no proofs of their regular character.
The Republic of Uzbekistan, where torture do not carry regular character, has accepted a wide complex of measures on their extermination:
The UN Committee Against Torture has given to the Republic of Uzbekistan 16 recommendations directed on further implementation of the positions of the Convention Against Tortures.
Carrying out these recommendations, Uzbekistan has included into the Criminal code of the Republic of Uzbekistan Article 235 about criminal responsibility for tortures, the definition of which corresponds to Article 1 of the UN Convention Against Tortures and Other Cruel, Inhuman or Degrading Treatment or Punishment.
In Uzbekistan an independent mechanism of the appeal of actions of bodies and persons and operative investigation of statements about applications of tortures, and also prosecution and punishment of guilty persons is created
Protection of persons addressing with complaint about prosecution is provided, according to the Law of the Republic of Uzbekistan “About references of citizens” the prosecution of the persons referring the state bodies with complaints and statements concerning infringement of their rights is not allowed. The administrative legislation establishes legal responsibility for infringement of Law
“About references of citizens”, and Article 11 of the Criminal-executive code of the Republic of Uzbekistan establishes the right of condemned on personal safety which is provided by administration of penal establishment.
Observance of principle of inadmissibility of proofs received under torture is provided. On September 24, 2004 the Supreme court of the Republic of Uzbekistan adopted the Plenum Decision
“About some questions of application of norms of the Criminal-executive law on admissibility of evidences”, in which it is fixed, that the evidences received as a result of deviation by the investigator, inspector, public prosecutor and court from exact execution and observance of norms of the law, challenged by any motives, are admitted to be inadmissible.
To inadmissible evidences are related, in particular testimonies received by application of torture, violence and other kinds of severe, brutal or humiliating treatment, and also by deceit and other illegal methods.
There are taken the measures on maintenance of independence of judges: specialization of courts, improvement of material support of courts and judges. Appointment procedures of judges are improved, the status of the Higher Qualifying Commission on Selection and Recommendation on a Post of Judge is raised.
It is provided an access of prisoners to the lawyer, the doctor and members of family from the moment of taking into custody. The strict interdepartmental control (of the Ministry of Interior of the Republic Uzbekistan) and directorate of public prosecutions over implementation of the right to protection in regard to the persons detained in the course of article 225 of the Criminal-procedural Code (CPC) of the Republic Uzbekistan is established. Requirements on an explanation to them of their rights and the duties provided by article 48 of the CPC of the Republic Uzbekistan are strictly observed. The lawyers have been provided by an appointment alone with the client and an unimpeded access to them in places of the temporary detention.
The system of independent inspection of the institutions of imprisonment is created. In Uzbekistan the inspection examination of each institution of execution of punishment is carried out by complex group of experts of the Ministry of Interior. A Special inspection on staff of the Ministry of Interior regularly examines applications and complaints of the condemned persons, and also the treatment of the employees of the penitentiary institutions with the condemned persons.
Furthermore, in addition to such regular departmental control the independent non- departmental control of activity of the penitentiary institutions’ employees is carried out by the General Prosecutor Office, Ombudsman, the National centre of the Republic of Uzbekistan on human rights, and also of some the international organizations.
Terms of imprisonment before trail are reduced and since 2008 the judicial control over sanction delivery on arrest is entered. Terms of the maintenance of accused persons into custody are reduced from 1.5 years till 9 months. For last 4 years using of such preventive punishment as imprisonment, was reduced more than on 2 times.
Training of law enforcement staff, the medical personnel to the rules of the treatment with prisoners on purpose of non-admission of torture is provided.
Revision of the verdicts of guilty based on evidences received by tortures is provided.
According to the decisions of Plenum of the Supreme Court of the Republic of Uzbekistan №17 dated December 19, 2003 “About practice of application by courts of the laws, providing to the suspect, accused the right to protection” and Plenum of the Supreme Court of the Republic of Uzbekistan №12 dated September 24, 2004 “About some questions of application of norms of the criminally-remedial law on an admissibility of evidences” revision of the verdicts of guilty based on evidences, received by tortures is entered into practice.
It is taken the legislative measures on non-admission of dispatches or extraditions to other countries of persons, in the presence of the bases to believe, that they are threatened a use of tortures etc.
9. According to ICJ, a significant factor in the prevalence of torture is the lack of access to a lawyer during criminal investigation or pre-trial detention. Legal provisions ensuring access to a lawyer in practice are poorly respected. The judiciary lacks the strength or independence to provide effective safeguards against ill-treatment of detainees. Criminal convictions are frequently based on evidence obtained by torture. Although the Supreme Court has held that no information obtained from a detainee in violation of criminal procedure requirements, including the absence of a lawyer, may be used as evidence in court, and the use of torture being a criminal offence, the value of such laws should be assessed with caution, given the long-standing and undiminished use of torture. According to HRW, the government has persisted in its failure to fully implement the 2003 recommendations by the Special Rapporteur on torture.
ICJ statement about absence of access to the lawyer in investigation and imprisonment before trail is unfounded and mismatching the validity. The same it is possible to tell about arguments of
HRW which does not trouble itself with proofs of inability of the Government of Uzbekistan to struggle with tortures.
According to the norms of the criminal-procedural legislation the persons involved in the criminal liability, have the right to receive the qualified legal aid of lawyers. If accused or the defendant is held in custody, the defender has the right to meet with him alone without restriction of number and duration of appointments (article 53 of the CPC of the Republic of Uzbekistan).
According to the CPC to the person detained, held in custody or placed in medical institution, possibility to have appointment to the defender alone should be provided. According to article 49 part 3 of the CPC the defender is supposed to participation in case from the moment of a presentation to the citizen of charge or the announcement of the decision of recognition him as a suspect or from the moment of his detention.
The right to receive the qualified legal aid of lawyers by condemned is fixed in article 10 of the Criminal-executive Code (CEC). To receive a legal aid a condemned is given meetings with the lawyers under their statement. Such meetings are not set off in number of appointments. Established by the present Code, their quantity and duration are not limited.
The strict interdepartmental control (of the Ministry of Interior of the Republic Uzbekistan) and directorate of public prosecutions over implementation of the right to protection in regard to the persons detained in the course of article 225 of the CPC of the Republic Uzbekistan is established.
Requirements on an explanation to them of their rights and the duties provided by article 48 of the CPC of the Republic Uzbekistan are strictly observed. The lawyers have been provided by an appointment alone with the client and an unimpeded access to them in places of the temporary detention.
During preliminary investigation suspected and accused on the basis of articles 46 and 48 of the Criminal-procedural Code of the Republic of Uzbekistan are provided with the right to have the defender from the moment of the announcement to him of the decision about a recognition him as a suspect or from the moment of his detention and to meet with him alone after interrogation, to carry out personally his right to protection.
Even in case of reject by suspected or accused from services of the lawyer, the investigatory body provides real participation (maintenance) of the lawyer and in his presence the protocol on reject from protection is made out.
With a view of maintenance of the rights of the arrested persons accused in March, 2003 the Main investigatory department together with the Presidium of the Bar of Tashkent city has developed and has confirmed Regulation “About an order of the organization of maintenance of the rights to protection of the arrested persons suspected and accused”.
In Regulation the invitation and participation of the lawyers in criminal case, the mechanism of maintenance of protection at the expense of the state and an order of registration of reject from the defender are accurately regulated, the order of the appeal of the facts of infringement of the rights to protection of the arrested, suspected and accused persons is established.
Regulation defines an order of the organization of watches of lawyers, including in holidays, the organisation of such watch provides their immediate participation on protection of the rights and legitimate interests of the detained persons at any time. Thus it is forbidden to inspectors to invite familiar – “pocket” lawyers for formal participation in criminal case. The similar agreement is signed and in other regions of the Republic.
Results of this work are quarterly generalized with the Presidium of the Bar, and appropriate information are represented to a management of investigatory offices of territorial law-enforcement bodies and the Main investigatory department of the Ministry of Interior of the Republic of Uzbekistan to take the measures on elimination of the revealed lacks.
The established order of the organization of maintenance of the rights to protection of the arrested persons, suspected and accused was yielded by positive results. For the period 2005-2007 in the Ministry of Interior individual complaints both from detained and arrested persons, and from lawyers on infringement by inspectors of their rights have received.
10. Mothers against death penalty (MADP) noted that conditions of detention in Uzbekistan may be characterized as inhumane. BHRLL reported that medical assistance is far from being adequate, contrary to the law, and that the semi-annual fluorography procedure does often not take place so that most of the prisoners suffer from tuberculosis.
Poor nutrition and hard climatic conditions worsen the health of convicts. BHRRL also noted that in most detention centres, children are not kept separate from adults contrary to the Criminal Proceedings Code. Cells are overcrowded, have insufficient lighting, no ventilation, and no heating. In the only penal colony (prison) for women, there is no separate colony for juvenile female offenders. Social integration and rehabilitation practice is unsatisfactory.
VERITAS found that persons accused and convicted for anti-state crimes, religiously or politically motivated crimes were subject to particularly rude conditions of detention and harsh treatments. Religious or political prisoners, who are serving prison terms in the same prison facilities than other types of inmates do not enjoy the same range of rights. Initiative Group of Independent Human Rights Defenders of Uzbekistan (IGNPU) added that religious prisoners are restricted in their rights to practice their religion and are often forbidden to read their prayers.
Statements about inhuman conditions in custody, absence of medical aid, bad meals and heavy climatic conditions in which condemned are held in Uzbekistan do not correspond to reality.
On September 26th, 2003 the Decree of the President of Republic Uzbekistan «On liberalization of execution of punishments to persons condemned for the first time to imprisonment», under which effect have fallen more than ten and a half thousand condemned, has been issued.
The persons condemned for the first time to imprisonment for committing grave and very grave crimes, serve now their sentences in colonies of general regime, and those having multiple convictions - in colonies of a strict regime.
Those condemned for the first time to imprisonment are completely separated from recidivists.
They enjoy a regime, which provides more rights and privileges. In correctional colonies the division into types of regimes is abolished.
Persons condemned for the first time to imprisonment, which do not represent a big danger to society, and committed unintentionally, and intentional less grave crimes, will be sent to colonies- settlements to serve their sentences.
Imprisonment for the above crimes is not applied at all as regards pregnant women, women with children under 3 years old, the persons having the right to retire and minors.
Liberalization of the criminal legislation has caused cancellation in the Criminal code of some articles of penal act.
For example, leaving the colony-settlements without permission by condemned (item 222 of the Criminal code of Republic Uzbekistan), is excluded from the Criminal code as a penal act.
These actions are qualified now not as committing a crime in the form of escape, but as rough infringement of a regime for which disciplinary measures are applied, up to transfer (return) to colonies of a closed type.
In colonies-settlements annual paid labor holidays for 15 working days, with the right leave the colony-settlement are established.
Process of liberalization of system of the criminal punishments, carried out according to the accepted Laws of Republic Uzbekistan, has allowed to alter radically investigatory and judiciary practice for selecting of a preventive punishment and infliction of penalty for the committed crimes towards mitigation.
Now there are more possibilities to release guilty persons from responsibility and punishment in case if they commit crimes for the first time which do not represent public danger or lesser crimes.
As a result of changes and additions introduced into Criminal, Procedural-criminal and Criminally-executive codes of the Republic of Uzbekistan, and also annual acts of amnesty since 2001 the number of condemned and the persons taken into custody, was reduced from 76 to 40 thousand persons or 1,9-fold.
Since 2001 the penitentiary system operates without repletion of prisoners. The ratio of prisoners per 100 thousand population in Uzbekistan accounts for 134 persons.
By November, 1, 2008 the number of prisoners makes up 70% percent of the penitentiary personnel limit.
There is a 24-hour medical assistance in all places of detention. Every prison has the health- center or hospital with 10 to 50 beds with in-patient and out-patient treatment.
Every new inmate undergoes medical examination including detection of venereal diseases and TB. The HIV/AIDS examination is made on a voluntary basis with pre- and post-test consultations.
Every place of detention organizes prophylactic examinations of inmate every year. Every inmate undergoes x-ray and fluorography test once in 2 years.
There are two medical establishments for in-patient and out-patient treatment of inmates suffering from TB. On 11 November 2004 the DOTS Strategy for combating TB which was advised by the WHO was implemented into penitentiary system of Uzbekistan.
The monitoring dated 10 March 2008 by the Green Light Committee’s consultant Mrs.
Agness Gebhard, TB expert of the WHO representative office in Uzbekistan Mr. Bakhtier Bobamuratov and project manager of the Global Fund Mrs. Gulnoz Uzakova demonstrated positive results in the work.
In order to realize prophylactic and treatment of HIV/AIDS, TB and drug-addiction, the General Directorate for Execution of Punishment continue to implement Project “Conducting of Educational Program for HIV/AIDS Prophylactic in the Paces of Detention of the Ministry of Internal Affairs of the Republic of Uzbekistan” funded by the Global Fund against HIV/AIDS, TB and malaria (UZB-304-G01-H).
The issues of HIV/AIDS, drug addiction, sexually transmitted diseases and TB in the penitentiary system of the Republic of Uzbekistan are solved in the frameworks of collaboration of the General Directorate for Execution of Punishment with the World Health Organization, AIDS East-West international non-governmental organization, German Development Bank (KfB Bank), World Bank, Global Fund against HIV/AIDS, TB and malaria, BOMCA/CADAP, UNODC, CDC (USA) and others.
621 prison workers, 254 prison doctors and 18809 inmates were educated in order to increase the knowledge about adverse effects from use of drugs, HIV/AIDS, TB and hepatitis.
In the frameworks of cooperation between the General Directorate for Execution of Punishment and international organizations the medical experts of the General Directorate were acknowledged with the experience of prophylactic work in Kazakhstan, Croatia, Iran, Russia, Poland and Latvia.
According to Procedural-criminal and Criminally-executive codes of the Republic of Uzbekistan minor persons are provided all appropriate conditions in custody. There is no evidence that children are kept together with adults in custody.
According to item 228 of the Procedural-criminal code of the Republic of Uzbekistan, when the detained minor is brought to a special establishment, he is kept separately from adults in a place which is not a prison or in a temporary detention cell.
Nowadays, there are about 150 inmates in the only correctional colony for juveniles.
They are kept separately:
- those whose age is under 16 years are kept separately from older inmates;
- those who are imprisoned for the first time are kept separately from experienced inmates;
- under aged female inmates are kept in the isolated sector in the women’s part of the colony.
The Zangiata correctional colony gives possibility to all to receive secondary education and profession. It is equipped by offices for studies and vocational training. Minors have possibility to receive educational certificate.
The territory of a residential zone of a colony has a sports hall, stadium, with necessary sports equipment.
Premises are divided into separate pavilions for various age and equipped by all necessary home appliances and sanitary-and-hygienic accessories. Special rooms of rest are equipped by TVs and video-equipment. There is a library with a reading room, and also a hall for holding solemn events. Norms of a food are developed by experts-dieticians and correspond to physiological requirements of children. Besides, there is "nature corner" (consisting of various animals).
Condemned look after the animals.
In Uzbekistan great attention is paid to providing the rights of condemned to a liberty of conscience. New article 12 «Providing liberty of conscience of condemned» is introduced into the Criminally-executive code of the Republic of Uzbekistan, according to which the condemned are guaranteed a freedom of worship and they have the right to practice any religion or not to profess any. To the persons who are serving time in the form of arrest or imprisonment, under their request, attendants of the religious associations registered in accordance with established procedure are invited. The condemned are allowed to worship, use subjects of a cult and read religious literature.
Worship is voluntary and should not break internal regulations and also violate the rights and legitimate interests of other persons.
11. BHRRL was concerned that the urgent issue of domestic violence, which is not addressed by legislation, contributes to the growing number of abandoned and street children. Orphanages and infant homes are lacking good services for housing and care and it is difficult to assess the quality of children’s life and education in these institutions. BHRRL also noted that street children and children in institutions, such as orphanages, are often involved in prostitution. It also noted instances of street girls being subject to sexual abuse by law enforcement officers and children in prisons being exposed to sexual abuse by prison staff or elder peers.
Arguments about violence concerning of the homeless children and street children in Uzbekistan have no basis.
Nowadays, there is not a single case of sexual abuse from prison officers or older inmates in all facilities of the system for execution of punishment. The information that
“…children in prisons being exposed to sexual abuse…” is a malicious calumny aimed at discrimination of the system of justice and law-enforcement agencies’ officers.
In order to enhance correctional activity among juveniles, prevent crimes, coordinate and further improve activities of the state bodies, civil society organizations as well as commissions for juveniles, the Cabinet of Ministers adopted Resolution “On improvement activities of commissions for juveniles” on 21 September 2000 which envisaged the Protocol on commissions for juveniles as well as the structure of the Commission for Juveniles at the Cabinet of Ministers of the Republic of Uzbekistan.
According to the above-mentioned Resolution, commissions for juveniles carry out its activities on a voluntarily basis and aimed at prevention of crimes among minors and child negligence. Their main tasks are the following:
- to protect rights and interests of the minors, disclose and eliminate reasons and conditions facilitating child neglect and crimes;
- to coordinate work of the state bodies, local administrations and civil society organizations regarding child neglect and crimes;
- to monitor living conditions and education of the juveniles in the specialized education- correction establishments of the Ministry of Higher Education, Ministry of Public Education and Ministry of Internal Affairs;
- to assist in housing and employment of the juveniles released from places of detention or graduated from the specialized education-correction establishments.
The Prosecutor’s Office’s officers conducted 345 checks in inauspicious families regarding realization of the legislation regarding juveniles in 2007 (246 checks – 9 months 2008). By the results of the checks 19 (12) appeals against decisions were made, 481 (407) introductions of evidences were submitted, 362 (353) persons were officially cautioned, 1373 (1596) persons were made answerable for disciplinary, administrative and material responsibilities and against 38 (41) persons were instituted criminal proceedings.
Moreover, 2990 parents negatively influencing on their children were registered in 2007 (2629 parents – 9 months 2008).
In 2007 391 parents negatively influencing on their children were deprived of parental rights (246 parents – first half of 2008), 318 (181) parents were interdicted, 1880 (1042) persons were called to account for violation of the Articles 122, 127 of the Criminal Code of Uzbekistan, 32 (2) persons was made answerable for administrative responsibility for violation of the Article 48 of the Administrative Code of Uzbekistan.
Moreover, the issues of child neglect are included into the working plan of the Prosecutor General’s Office for 2008.
The prosecutors’ bodies institute criminal and administrative proceedings against teachers who use corporal punishments and other cruel forms of child treatment. Thus, 435 teachers committed various crimes during 1,5 years including 304 crimes directly in the system of education.
No appeals regarding sexual abuse by law enforcement officers and children in prisons being exposed to sexual abuse by prison staff or elder peers has been received by the Prosecutor General’s Office in 2006-2008.
Therefore, BHRRL shows level of its incompetence in a question of "homeless children and street children». This phenomenon exists in any, even in a developed society and the reason is that these children come from unsuccessful families in which parents do not wish to raise them taking into account their interests; they cannot raise them because they are busy at work, ill, or one of parents is absent or they are not able to carry our their parental duties because of low educational, pedagogical and cultural level.
The Republic of Uzbekistan takes under the guardianship the children who have remained for some reason without guardianship of parents. For this purpose the Family code of the Republic of Uzbekistan, the Law «About guarantees of the rights of the child» and other acts provide alternative forms of settling the socially-vulnerable children:
Guardianship and trusteeship;
Adoption;
Getting invited to a family for patronage;
Placing them in special educational and medical institutions and social protection establishments.
According to the legislation other types of arrangements for socially vulnerable children can be provided.
The state conducts purposeful policy on strengthening the social protection of children, especially those who are in difficult life conditions. Here are some examples:
Illustrative example of this policy consistently pursued since the first days of independence, that in comparison with 2006 when to social sphere it has been directed 51,9 percent of the State budget, in 2007 this index has increased nearly 53,8 percent. Moreover, in 2008 for these purposes 54,6 percent is marked. It is necessary to notice, that similar figures seldom are presented in practice of other states.
With a view of consecutive continuation of this policy, increase of its efficiency and effectiveness, and also consolidation in a society the atmosphere of mutual understanding, goodwill and mercy 2007 has been declared in Uzbekistan as Year of social protection during which the special Government program was realized.
