A/HRC/13/40/Add.1 one within their jurisdiction is deprived of the right to life, liberty or security of person because of religion or belief and that no one is subjected to torture or other cruel, inhuman or degrading treatment or punishment, or arbitrary arrest or detention on that account and to bring to justice all perpetrators of violations of these rights” (para. 9 b). The Special Procedures mandate holders asked the Government to indicate the legal basis for the arrest and detention of the abovementioned persons and how these measures were compatible with applicable international human rights norms and standards as stipulated, inter alia, in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. (b) Response from the Government dated 16 November 2009 241. In its response dated 16 November 2009, the Government indicated that the investigative department of the Shakhrikhansky district internal affairs office in Andizhanskaya province instituted criminal proceedings on 20 May 2009 for an offence punishable under article 244-2, part 1, of the Criminal Code of Uzbekistan. The preliminary investigation established that from 2000 to 2009 Mr. Rasulzhon Abdurakhimovich Rakhmatov, Mr. Isroil Pulatovich Usmonov, Mr. Utkirbek Nazarbekov and others were active members of an extremist religious group whose aim was to commit criminal acts in Uzbekistan in order to overthrow the constitutional order and organize underground “jamoat” cells. According to the Government, they brought “jamoat” members together and instructed them, using prohibited literature and recordings of broadcasts by the leader of the Islamic Movement of Uzbekistan, Takhir Yuldashev, to unconstitutionally overthrow the Government. Reportedly, they trained people in methods of taking over power and removing the legally elected and appointed Government representatives, they unconstitutionally violated the country’s territorial integrity and they distributed materials with the same content as that mentioned above. 242. The Government indicated that Mr. Rasulzhon Abdurakhimovich Rakhmatov and other associates were prosecuted in a criminal case under article 242, part 1; article 159, part 3 (a) and (b); article 2441, part 3 (a) and (c); article 2442, part 1; article 243; article 246, part 1; article 189, part 3; article 190, part 2 (b); and article 223, part 2 (b) of the Criminal Code of Uzbekistan. The accused were the subject of a pre-trial restraining order in the form of detention that was issued by the criminal court in the town of Andizhana. On 24 May 2009, the decision was made to initiate the investigation of Mr. Rasulzhon Abdurakhimovich Rakhmatov. According to the Government, from the moment of their arrest the constitutional rights of the accused persons were fully respected. They were provided with State legal aid, and in accordance with article 217 of the Code of Criminal Procedure of Uzbekistan, their relatives were informed of their arrest in a timely manner. 243. On 26 August 2009, a criminal indictment of Mr. I. Usmonov and others, issued in accordance with article 388 of the Code of Criminal Procedure, was sent to the procurator’s office of Andizhanskaya province. On 3 September 2009, the indictment was approved and the case was sent to court. The criminal case against Mr. I. Usmonov and others began on 25 September 2009. The judicial proceedings in the criminal case against I. Usmonov and others are continuing. 244. The Government indicated that during the consideration of this criminal case, no instances have been found of torture or other cruel, inhuman or degrading treatment of the defendants. It emphasized that all the defendants had been provided with defence counsel, and during the judicial hearings their interests had been defended by 14 lawyers. 245. In addition, the Government confirmed that criminal proceedings had been instituted against Mr. Pulatzhon Usmonov under article 223, part 2 (b), of the Criminal Code of Uzbekistan. However, in the course of the preliminary investigation, a decision issued on 28 August 2008 by the Senate of the Majlisi Oli declared an amnesty in connection with the 57