A/HRC/13/40/Add.1 for violations of established detention procedures and failure to comply with the lawful requirements of the penal institution administration, he was sentenced by the Bostanlyk district criminal court on 22 August 2008 to 3 years, 1 month and 17 days’ deprivation of liberty under article 221, paragraph 2 (b), of the Criminal Code (Non-compliance with the lawful requirements of the penal institution administration by persons convicted of serious or very serious offences), and is serving his sentence in detention facility UY 64/51 (Kasan, Kashkadarya province). 226. The Government indicated that the penal administration described him in unfavourable terms. He was registered with the clinic on account of his chronic gastritis. His state of health was satisfactory and he was capable of working. An investigation into a complaint filed by Ms. U. Zulpakharova did not support her claims that Mr. Zulpakharov had been tortured. The Government indicated that the penal institution medical service workers and fellow prisoners in the colony said that no unlawful acts had been committed against Mr. Zulpakharov. Reportedly, medical examiners found no indications or traces of bodily harm while he was undergoing outpatient or inpatient treatment. 227. The main office for penal enforcement of the Ministry of Internal Affairs carried out an audit pursuant to an appeal by the Special Rapporteurs of the Human Rights Council. It established that according to the findings of the medical section of penal enforcement office No. 51 of the Department of Internal Affairs of Kashkadarya province, Mr. Zulpakharov was examined on 4 September 2008 and diagnosed with chronic gastritis. Mr. Zulpakharov was given the necessary medical assistance based on this diagnosis and received inpatient treatment between 17 to 25 September 2008 and 22 to 30 April 2009. Mr. Zulpakharov did not complain to the medical service while serving his sentence about bodily harm experienced, and his overall state of health was now satisfactory. 228. Moreover, the Government stated that Mr. Zulpakharov was not subjected to any disciplinary action or locked up for violating internal procedures in March 2009. The penal institution administration did not bring any physical or moral pressure to bear on Mr. Zulpakharov while he was serving his sentence, and the Ministry of Internal Affairs received no complaint or statement concerning torture from the prisoner himself. (c) Observations by the Special Rapporteur 229. The Special Rapporteur is grateful that the Government of Uzbekistan replied to the joint urgent appeal of 22 April 2009. 2. (a) Urgent appeal sent on 9 September 2009 jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Allegations transmitted to the Government 230. The Special Rapporteurs brought to the attention of the Government information they had received regarding Mr. Sobit Zufarov, aged 30, and his deceased brother, Mr. Negmat Zufarov, aged 45 at the time of his death, both of Tashkent. 231. According to the information received, Mr. Negmat Zufarov was arrested in 1999 on charges related to the practice of his religion. These charges included “upsetting the constitutional order” (article 159 of the Uzbek criminal code) and “setting up, leading or participating in a religious extremist, separatist, fundamentalist or other banned organization” (article 244(2) of the Uzbek criminal code). In August 1999, Negmat Zufaraov was sentenced to a 20-year prison term by the Tashkent District Court. On appeal to the Supreme Court, the sentence was converted to an 18-year-sentence in a strict regime prison. Negmat Zufaraov served the first five years of his prison sentence at Jaslyk prison, 54

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