RECOMMENDATIONS

To the Government of Uzbekistan:

Human Rights Watch calls on the government of Uzbekistan to remember its own statements of commitment to human rights and to take immediate steps to comply with the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. Specifically, we urge the government to implement the following measures:

C take immediate steps to prevent the practice of torture by introducing judicial review of detentions, habeas corpus, as called for by the ICCPR, and amend the Code of Criminal Procedure to that effect;

C implement provisions in the Code of Criminal Procedure that provide for detainees to have full and unimpeded access to counsel during all phases of investigation and trial;

C ensure that law enforcement officers alleged to have mistreated or tortured detainees are prosecuted and, if found guilty, subjected to appropriate penalties;

C publicize cases where penalties have been imposed;

C ensure that confessions obtained under torture cease to be admitted as evidence in Uzbekistan's courts by introducing more rigorous mechanisms for checking torture allegations and by amending the Criminal Procedure Code to that effect;

C ensure that individuals have the right to put cases of alleged torture or ill-treatment to independent authorities for prompt and thorough investigation, and that such individuals are not subject to intimidation as a result of their complaint;

C ensure that the office of the Ombudsman in Uzbekistan takes it upon itself to investigate cases of ill-treatment or torture committed by law-enforcement officers;

C conduct a nationwide investigative review of the practice of ill-treatment and torture as a whole, and report these findings publicly, including the discovery of specialized torture equipment such as electric cattle prods and their provenance;

C offer independent international monitors, such as the International Committee for the Red Cross, immediate, full and unrestricted access to all places of detention;

C take immediate steps to comply with the recommendations of the United Nations Committee against Torture, including the provision of all requested information on the number of detainees in pre- and post-conviction facilities, the number of persons against whom death sentences have been passed, and the number of death sentences carried out annually;

C publicize the state report to the United Nations Committee against Torture, as well as the results of the Committee's review in the national media;

C promptly and exhaustively reply to all queries by the United Nations Working Group on Arbitrary Detention and the Special Rapporteur on Torture and facilitate visits by representatives of those bodies.

To the United Nations:

C In light of the dramatic deterioration in human rights conditions in Uzbekistan, including widespread and systematic torture, the United Nations Commission on Human Rights should at its next session in April 2001 adopt a resolution condemning these abuses and establishing a special rapporteur on the situation of human rights in Uzbekistan. The special rapporteur should be mandated to monitor human rights conditions in the country and develop recommendations for the government of Uzbekistan.

C The U.N. High Commissioner for Human Rights should request an invitation from the government of Uzbekistan to visit the country and discuss with the government the need for a comprehensive government program aimed at combating torture and ill-treatment, based on a thorough expert investigation of the problem.

C The U.N. Human Rights Committee, which is scheduled to consider Uzbekistan's periodic report in March 2001, should consider the findings contained in this report and require the government of Uzbekistan to take immediate specific steps to halt the systematic practice of torture by its police and security forces.

C The U.N. Special Rapporteur on Torture and the Working Group on Arbitrary Detention should request visits to Uzbekistan as a priority for 2001.

C The U.N. Voluntary Fund for Victims of Torture should make a priority of providing assistance to non governmental organizations working on behalf of victims of torture in Uzbekistan.

C The activities of the U.N. Office for Drug Control and Crime Prevention in Uzbekistan should be coordinated with the activities of the U.N. human rights mechanisms. They should in every instance incorporate consideration of the human rights aspects of drug control and crime prevention and include training and other measures designed to combat torture in Uzbekistan.

To the Organization for Security and Cooperation in Europe:

C Drawing on the expertise of the OSCE Advisory Panel for the Prevention of Torture, the Final Report of the March 2000 Supplementary Human Dimension Meeting on Human Rights and Inhuman Punishment or Treatment, and the OSCE Field Staff Handbook on Preventing Torture, the OSCE's Tashkent Liaison Office should make a high priority of working with the Uzbek government to develop an action plan to combat torture, which should include a legislative program to bring Uzbek law into conformity with international standards, as well as additional training for Uzbek law enforcement and judicial personnel regarding those standards.

C The OSCE Liaison Office should regularly monitor trials, take full notes of the proceedings, and publicly report on any allegations of torture and measures taken by judicial authorities to investigate such allegations.

C The OSCE Liaison Office should widely distribute the ODIHR Background Paper on Pretrial Detention in the OSCE Area and the Final Report of the OSCE Supplementary Human Dimension Meeting on Human Rights and Inhuman Punishment or Treatment, in both the Russian and Uzbek languages, to government, judicial, and law enforcement officials, as well as non governmental organizations, human rights activists, and other civil society representatives, including representatives of the legal and medical establishment.

C The OSCE should consult more closely with the international donor community regarding human rights developments in Uzbekistan and their implications for long-term stability, economic development, and povertyalleviation, so that such considerations are sufficiently weighed in the process of identifying the level and targets for assistance and investment in the country.

C The OSCE's efforts to address security and economic concerns in Uzbekistan must in every instance incorporate related human dimension conditions-including widespread and systematic torture, lack of rule of law, and the absence of an independent judiciary-and incorporate measures to remedy these concerns.

To the European Union:

C The scheduling of the next E.U. Cooperation Council meeting with Uzbekistan should be conditioned upon the government of Uzbekistan first taking concrete steps to combat torture, such as those steps recommended in this report.

C In any future meetings with their Uzbek counterparts, representatives of the E.U. should make clear that any further enhancement of relations under the Partnership and Cooperation Agreement requires that the Uzbek government first develop and begin implementing a clear plan for the eradication of torture and other serious violations of human rights.

C In consultation with the U.N., the OSCE, the U.S., and other interested actors, the E.U. and the Uzbek government should develop a program of specific steps to be taken in order to address the problem of torture and other gross violations of human rights that are undermining economic development and stability in the country and the region. Failure of the Uzbek government to agree to such a plan or implement it should trigger a procedure for suspension of the Partnership and Cooperation Agreement.

C The E.U. should expand assistance to human rights organizations and other civil society representatives working on combating torture in Uzbekistan. A high priority should be assigned to the development of independent legal and medical expertise capable of documenting torture and defending victims' rights.

C The E.U. should expand efforts to provide human rights training to Uzbek law enforcement and judicial personnel, including specialized training of prosecutors and judges in the proper handling of allegations of torture and police abuse. Human rights training and compliance should be a prominent part of any cooperative efforts to combat drug trafficking under the E.U.'s action plan on drug trafficking between the E.U. and Central Asia.

C The European Union should utilize all available means to publicize in Uzbekistan the international norms relating to torture, as well as to make known its condemnation of the practice of torture, and its disappointment in the Uzbek government's persistent failure to take steps to address the problem.

C E.U. member state embassy officials should monitor closely the Uzbek government's record on torture, including the regular monitoring of trials, keeping records of allegations of torture, following up on the government's response to such allegations, and requesting periodic visits to places of detention.

To the United States:

C U.S. government officials in all branches and agencies of the federal government should make the human rights situation in Uzbekistan, including the problem of torture, a high priority in their bilateral dialogue with Uzbek government officials, emphasizing that the deteriorating human rights situation represents a serious impediment to further cooperation in security, economic, or political matters.

C No future meeting of the U.S.-Uzbekistan Joint Commission should be scheduled until the Uzbek government develops and begins implementing a comprehensive plan to combat torture, including the steps recommended in this report.

C Until the Uzbek government takes meaningful steps to combat torture and other human rights abuses, such as the steps recommended in this report, the U.S. government should withhold security assistance under its Cooperative Threat Reduction program, which legally requires certification that the recipient country is committed to upholding international human rights law.

C Since many of the victims of torture in Uzbekistan suffer as a result of their religious convictions, U.S. government assessments under the International Religious Freedom Act should include analysis of the extent to which the Uzbek government has taken meaningful steps to combat torture.

C The U.S. government should expand assistance to human rights organizations and other civil society representatives working on combating torture in Uzbekistan. A high priority should be assigned to the development of independent legal and medical expertise capable of documenting torture and defending victims' rights.

C The U.S. government should expand efforts to provide human rights training to Uzbek law enforcement and judicial personnel, including specialized training of prosecutors and judges in the proper handling of allegations of torture and police abuse.

C The U.S. government should fully implement existing agreements with the government of Uzbekistan, which provide in accordance with the Leahy amendment to the U.S. Foreign Operations Assistance Act that no U.S. assistance may benefit units of security forces that are responsible for gross violations of human rights, unless those responsible have been brought to justice. Implementation should include systems for vetting all Uzbek recipients of U.S. security assistance, technical assistance to Uzbek authorities to ensure that abusive police are brought to justice, and monitoring arrangements with Uzbek government entities that receive assistance. The U.S. government should, as a matter of priority, actively seek information on abuses by law enforcement officials not only from the relevant government agencies, but also from Uzbekistan's human rights organizations, lawyers, and other sources.

C The U.S. government should utilize all available means to publicize in Uzbekistan the international norms relating to torture, as well as to make known its condemnation of the practice of torture, and its disappointment in the Uzbek government's persistent failure to take steps to address the problem.

C U.S. embassy officials should monitor closely the Uzbek government's record on torture, including the regular monitoring of trials, keeping records of allegations of torture, following up on the government's response to such allegations, and requesting periodic visits to places of detention.

To the World Bank, the European Bank for Reconstruction and Development,

the European Investment Bank, and the Asian Development Bank:

C In discussions regarding their country assistance strategies for Uzbekistan, the international financial institutions should address the human rights conditions in the country and specifically develop strategies to foster rule of law, transparency, and accountability in government, including law enforcement agencies. Priority should be given to legal reform that will bring Uzbek criminal procedural law in line with international standards and judicial reform that will enhance the independence of the judiciary.