The UN Special Raporteur on Torture Mr. Teo van Boven visited Uzbekistan in November 2002 upon the invitation of the Government of the Republic of Uzbekistan.

During the visit he had a number of official meetings with high-rank officials, representatives of civil society groups, international organizations and foreign embassies. He also visited a number of penitentiaries.

In February 2003, as a result of his visit, Mr. Teo van Boven submitted a draft report with summary of the trip to the Government of Uzbekistan for comments.

The Government of Uzbekistan thoroughly studied Mr. Teo van Boven?s draft report and suggested proper remarks on aspects, which were not coinciding with his point of view.

However, not all of those remarks were taken into account and in April 2003 the Report of the UN Special Raporteur on Torture was officially disseminated, including in Internet. Following the 60th Session of the UN Commission on Human Rights, Mr. Latif Guseynov, independent expert of UNCHR, visited Uzbekistan in 23-31October 2004. Mr. Guseynov held a number of official meetings with the high-level representatives of ministries and other state bodies of Uzbekistan, visited penitentiaries, talked with the representatives of various international, human rights, non-governmental organizations and citizens of Uzbekistan. Mr.Guseynov?s recommendations were taken in account by the Government of Uzbekistan.

Basing on analysis of measures taken by both state bodies and NGOs, and on their mutual consent, the National Plan on Implementation of recommendations of the UN Special Raporteur on Torture was elaborated.

Another important step toward ensuring human rights became the governmentally adopted National Program on Implementation of the UN Convention Against Torture, which includes the recommendations of the UNHCHR Committee on Torture, as well as all 22 recommendations of the UN Special Raporteur. Inter-departmental Working Group headed by Justice Minister was established in order to monitor the implementation of the Program.

By now, 18 recommendations are fully implemented. While fulfilling Mr. van Boven?s recommendations, Uzbekistan has got substantial assistance of EU member-states: Germany, United Kingdome, Italy, Netherlands, Poland, Sweden and others.

As the stage of implementation of the National Program on UN Convention on Torture, there were entered amendments to the Criminal Code of Uzbekistan regarding the definition of ?torture?, which is fully in accordance with Article 1 of the mentioned Convention.

In August 2003, the Parliament adopted amendments to the Article 235 of the Criminal Code of the Republic of Uzbekistan which stated that torture and other cruel, inhuman and degrading treatment or punishment in all phases of criminal proceedings are crimes and must be prosecuted by law.

Article 235 of the Criminal Code of the Republic of Uzbekistan entitled as ?Use of torture and other forms of cruel, inhuman or degrading treatment and punishment?. Content of the Article similar with the text of Article 1 of the UN Convention Against Torture. It stipulates the legal responsibility of officials and other persons for use of various forms of coercion on suspect, accused person, witness, victim or other participant of a criminal process, as well as on convicted person, his/her relatives with the aim to obtain any kind of information, confession on committing crimes; unauthorized punishment for their crime, or their coercion to accomplish any action.

On 19 December 2003, the Plenary Session of the Supreme Court of the Republic of Uzbekistan adopted Resolution 17, which stipulates following: ?In accordance with the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment dated 10 December 1984 the term \\\\\\\"torture\\\\\\\" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity?.

Consequently, it should be considered that provisions of the Article 1 of UN Convention Against Torture are completely implemented into the legislation of Uzbekistan, as Plenary Session of the Supreme Court of Uzbekistan recommended to interpret term ?torture? mentioned in Article 235 of the Criminal Code in accordance with UN Convention Against Torture.

On 28 January 2005, President of Uzbekistan Islam Karimov during the joint session of Oliy Majlis? Senate and Legislative Chamber of the Republic of Uzbekistan made proposals on bring national legislation in line with international standards (abolition of death penalty, implementation of ?Habeas Corpus?, further liberalization of judicial-legal system).

The real step forward on implementation of UN Special Rapporteur?s recommendations was adoption on 1 August 2005 of Presidential Decree ?On Abolition of Death Penalty in the Republic of Uzbekistan?. According to the Decree, beginning 1 January 2008 execution of death penalty as criminal punishment will be abolished in Uzbekistan. By now 118 states legally abolished death penalty and no more use it in practice. Particularly, 23 states declared moratorium to the application and execution of capital punishment. Thus, Uzbekistan has chosen the soundest decision in accordance with the principles of humanism.

The Decree ?On Abolition of Death Penalty in the Republic of Uzbekistan? became a real evidence of the generous work carried out in this direction and the next stage on strengthening of human rights and liberties as priority values in Uzbekistan. Besides this, the Presidential Decree ought to be perceived as logical continuation of deep reforms on a way of building the democratic state and just civil society.

The policy of liberalization of the criminal legislation yields its positive results. Today there are only 158 imprisoned per 100 thousand of population in Uzbekistan, lowest number within all CIS countries. For instance: in Russia - 584, Kazakhstan - 386, and the US - 715.

Further step in liberalization of judicial-legal system of the country became the Decree of the President of Uzbekistan dated 8 August 2005 ?On Transferring to Courts the Right to Issue Sanctions for Arrest?.

This Decree creates important basis for adoption of legislative measures on providing protection of citizens from unjustified criminal prosecution. It is necessary to note the fundamental similarity of the Decree with the same legislative acts in Europe.

Consequently, statement of the former UN Special Rapporteur Mr. ??? van Boven is completely groundless. Perhaps, Mr. van Boven is in full ignorance about fundamental changes in Uzbekistan?s legal system since his visit in 2002.

Press Service of the Ministry of Internal Affairs of Republic Uzbekistan