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RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of June 26, 2021 No. PP-5163

About additional measures for enhancement of system of identification and the prevention of cases of tortures

In recent years in the country large-scale work for the purpose of further strengthening of guarantees of the rights and freedoms of citizens, including categorical non-admission of cases of application of tortures and other cruel, inhuman or degrading treatment or punishment is carried out.

Along with it it is necessary to continue work on creation of effective legal mechanisms of the early prevention of application of tortures, operational and objective consideration of the related addresses, implementation of regular monitoring visits of places of content of persons with limited freedom of travel.

For the purpose of enhancement of National preventive mechanisms according to the prevention of application of tortures taking into account the National strategy of the Republic of Uzbekistan on human rights, recommendations of authorized bodies and contractual UN committees, and also ensuring execution of the tasks determined in the State program "Year of support of youth and strengthening of health of the population":

1. Determine priority tasks of increase in system effectiveness of identification and the prevention of cases of application of tortures and other cruel, inhuman or degrading treatment or punishment (further - application of tortures):

reduction of system of identification and the prevention of cases of application of tortures in compliance with the conventional principles and rules of international law in the field of human rights;

strict ensuring non-admission of viewing with administration of organization of the appeals sent by persons with limited freedom of travel to national institutes on human rights and also their immediate direction to the receiver;

enhancement of the mechanism of operational and objective consideration of addresses about cases of application of tortures, and also inevitability of accountability of perpetrators;

ensuring rendering public, legal, psychological and medical care by the victim of application of tortures, and also compensations of damage caused to them;

broad involvement of institutes of civil society of activities for identification and prevention of cases of application of tortures, and also ensuring their effective cooperation with state bodies;

bringing to the general public of information on results of activities for identification and prevention of cases of application of tortures;

establishing close cooperation with the international organizations and national institutes of the foreign states in the field of the prevention of application of tortures.

2. Approve the offers of chambers of Oliy Majlis, Authorized Oliy Majlis on human rights (ombudsman) and the National center for human rights providing:

a) creation based on expert group at the Representative of Oliy Majlis on human rights (ombudsmena) (further - Ombudsman) public groups on identification and the prevention of cases of tortures at Ombudsman (further - Public groups), having determined them the main objectives:

implementation on regular basis of monitoring visits according to the prevention of application of tortures on guardroom, in special receivers, temporary detention centers, pre-trial detention centers, organizations on execution of the punishment, disciplinary parts, organizations of forced treatment (further - places of content of persons with limited freedom of travel);

studying of conditions of keeping in places of content of persons with limited freedom of travel and informing on it the public;

identification of cases of application of tortures and submission to the relevant state body of requirements for their operational elimination;

participation in consideration of addresses about cases of application of tortures;

development of methodical recommendations about questions of expert evaluation of cases of application of tortures;

participation in rendering public, legal, psychological and medical care by the victim of application of tortures;

development of offers on the prevention of threat of application of tortures and to implementation of the best foreign practices to this sphere;

b) attraction in structure of Public groups of experts of the National center for human rights, health workers, representatives of non-state non-profit organizations, mass media and other institutes of civil society, considering at the same time availability at them professional qualification and practical knowledge for implementation of monitoring visits, and also ensuring gender equality;

c) implementation of practice of representation by Ombudsman annually till March 15 to chambers of Oliy Majlis of the report on the carried-out work on the prevention of cases of application of tortures and other cruel, inhuman or degrading treatment or punishment, and also the publication of this report in mass media.

3. Determine that:

the administration of places of content of persons with limited freedom of travel provides to Public groups necessary conditions for free meeting and conversation alone with person with limited freedom of travel, and also acquaintance with the relevant documents;

state bodies and their officials, administration of places of content of persons with limited freedom of travel render assistance in implementation of activities of Public groups;

safety of members of Public groups is assigned to administration of organization in which monitoring visits are carried out;

in case of illegal actions of members of Public groups the head of administration of organization in which monitoring visits are carried out, notifies on this fact of Ombudsman in writing.

4. Realize following:

a) adjust practice of maintaining the unified electronic register of persons placed in places of content of persons with limited freedom of travel.

At the same time the copy of the document forming the basis for acceptance of person with limited freedom of travel, and the information about this person is instantly entered into the unified electronic register by administration of places of content of persons with limited freedom of travel from the moment of accommodation of the above-stated persons in these organizations, and for judicial, law enforcement agencies and Ombudsman access to these data is created.

To the Ministry of Internal Affairs till December 1, 2021 to develop procedure for forming of the unified electronic register of persons placed in places of content of persons with limited freedom of travel and to provide establishing its effective maintaining;

b) enhance practice of the address by phone of persons with limited freedom of travel to the lawyer or the close relative proceeding from requirements of the current legislation for tortures.

To the Ministry of Internal Affairs till November 1, 2021 to develop and introduce to Administration of the President of the Republic of Uzbekistan the draft of the regulatory legal act, on the matter.

5. To the national center for human rights:

together with Ombudsman and the Ministry of Foreign Affairs in two-month time to make in the Cabinet of Ministers offers on accession of the Republic of Uzbekistan to "The optional protocol to the Convention of the UN against tortures and other cruel, inhuman or degrading treatment or punishment" (New York, on December 18, 2002);