CCPR/CO/71/UZB
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13.
The Committee is concerned that there is no prohibition on the extradition or expulsion
of individuals, including those seeking asylum in Uzbekistan, to countries where they may be
exposed to risk of the death penalty, torture or to cruel, inhuman or degrading treatment or
punishment.
The State party should ensure that individuals who claim that they will be subjected to
torture, inhuman or degrading treatment, or the death penalty in the receiving state, have
the opportunity to seek protection in Uzbekistan or at least assured of non-refoulement
(arts. 6 and 7 of the Covenant).
14.
The Committee is gravely concerned about the lack of independence of judges contrary
to the requirements of article 14, paragraph 1, of the Covenant. The appointment of judges for a
term of five years only, in particular if combined with the possibility, provided by law, of taking
disciplinary measures against judges because of “incompetent rulings”, exposes them to broad
political pressure and endangers their independence and impartiality.
The State party should amend the relevant domestic legal provisions, as well as the
Constitution, in order to ensure full independence of the judiciary.
15.
The Committee notes with concern that military courts have broad jurisdiction. It is not
confined to criminal cases involving members of the armed forces but also covers civil and
criminal cases when, in the opinion of the executive, the exceptional circumstances of a
particular case do not allow the operation of the courts of general jurisdiction. The Committee
notes that the State party has not provided information on the definition of “exceptional
circumstances” and is concerned that these courts have jurisdiction to deal with civil and
criminal cases involving non-military persons, in contravention of articles 14 and 26 of the
Covenant.
The State party should adopt the necessary legislative measures to restrict the jurisdiction
of the military courts to trial of members of the military accused of military offences.
16.
The Committee is deeply concerned at the information that more than 1,300 Tajiks,
citizens of Uzbekistan, were resettled from their villages in the mountains to the steppes of the
Sherabad region, about 250 miles away. The State party explained that the action was taken in
order to improve the living conditions of the people concerned. It did not however, refute that
the resettlement was enforced by military forces, that the Tajiks had to leave their homes without
their belongings and that their villages were subsequently destroyed.
The State party should immediately stop any further action to expel people from their
homes in violation of articles 12 and 17 and possibly, in certain situations, article 27 of
the Covenant. The State party should take steps to compensate the individuals concerned
for the loss of their property and their suffering, resulting from their forcible
displacement and its aftermath, and to report on their present living conditions.