Spotlight on Uzbekistan
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International law does not clearly define rehabilitation as a form of reparation.
The closest
expression of a definition found in the Basic Principles shows that in certain situations persons who
have suffered serious human rights or humanitarian law violations should be redressed by way of,
among others, rehabilitation,
meaning physical and psychological care as well as social and legal
services.
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Therefore, while the concept of rehabilitation set out in the Basic Principles points to
forms of
rehabilitation beyond health, it does not fully define what each one of them means or
includes.
Diane Shelton, a leading scholar on reparations, defines rehabilitation as a right of “all victims of
serious abuse and their dependants” [sic] and is “the process of restoring the individual’s full health
and reputation after the trauma of a serious attack on one’s physical or mental integrity [...] It aims
to restore what has been lost. Rehabilitation seeks to achieve maximum physical and psychological
fitness by addressing the individual,
the family, local community and even the society as a whole.”
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Recently, the UN Committee against Torture made more urgent and concrete Uzbekistan’s
obligation to provide rehabilitation to former political prisoners and victims of torture. In its
December 2019 Concluding Observations, welcoming Tashkent’s release of a ‘substantial number’ of
political prisoners since September 2016, the Committee called on the government to ‘exonerate’
those convicted in unfair trials or on the basis of torture, provide them with ‘redress, including
compensation and rehabilitation’ and to ‘consider creating an
independent commission to
investigate these matters.’
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Beginning in September 2016, following former prime minister Shavkat Mirziyoyev’s ascendancy to the presidency on the death of Islam
Karimov, the Uzbek government began to release political prisoners – among them human rights activists, journalists, political opposition
and peaceful religious figures. To date, approximately 55 high profile political prisoners have been released.
Almost none have received
rehabilitation. © Steve Swerdlow, September 2014.
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UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human
Rights Law and Serious Violations of International Humanitarian Law, Preamble, adopted by the UN Commission on Human Rights in 2005,
UN Doc. E/CN.4/RES/2005/35 and adopted by the General Assembly on December 16
th
2005, UN Doc. A/RES/60/147.
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Shelton, Dinah. Remedies in International Human Rights. Oxford: Oxford University Press. p. 275.
450
UN Committee against Torture, Committee against Torture, Concluding observations on the fifth periodic report of Uzbekistan,
https://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/UZB/CAT_C_UZB_CO_5_39781_E.pdf