CERD/C/UZB/CO/5
page 3
12.
The Committee requests that the State party clarify the situation concerning the
independence of judges, particularly as regards litigation involving non-Uzbek ethnic groups, in
view of the information provided by the delegation that judges to higher courts are appointed by
the Higher Chamber of Parliament, and that ordinary judges are designated by the President, on
the recommendation of the High Qualification Commission.
The Committee recommends that the State party examine whether current
practice on judicial appointments fully ensures the independence and
impartiality of the judiciary.
13.
The Committee has noted the information provided by the State party that according to
the law, interpretation is systematically provided in court to members of minorities (free of
charge in criminal and civil cases). It regrets, however, that no information on the application of
this provision in practice was made available (article 5, paragraph a).
The Committee invites the State party to provide information, including
statistical data, on the number of trials where interpretation was provided
free of charge, disaggregated by language.
14.
The Committee is concerned about the absence of specific legislation on refugees, in
particular the lack of legal safeguards against forced removal of individuals to a country where
their life/health may be at risk (article 5, paragraph b).
The Committee invites the State party to elaborate a legislative framework
for the protection of refugees in accordance with international standards, to
pursue its cooperation with UNHCR and to protect persons who have
sought refuge in Uzbekistan. The Committee also recommends the State
party, in accordance with article 5 (b), to ensure that no person will be
forcibly returned to a country where there are substantial grounds for
believing that his/her life or physical integrity may be put at risk. In this
regard, the State party is invited to establish a mechanism to permit appeals
against decisions to remove aliens, with a suspensive effect on removals,
pending examination of appeals.
15.
The Committee regrets that insufficient information was provided on the effective level
of participation of members of national and ethnic minorities in State institutions, and in
particular on the number of women of non-Uzbek ethic origin occupying positions of
responsibility within the State party’s administrative, political or private sector (article 5,
paragraph c; General recommendation No. 25).
The State party should provide further information on these issues,
including disaggregated statistical data by sex, ethnic origin, occupational
sector, and functions assumed.
16.
The Committee notes with concern that the State party continues to require an “exit
visa” for individuals travelling abroad, which may result in limitations of their freedom of