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6.2 Detention monitoring and NPM
Overview & Strengths
179.
The CA team was told that detention monitoring is a priority for the Ombudsman’s work and that the Ministry
of Interior and its Penitentiary Service are always receptive towards recommendations of the Ombudsman.
180.
The Ombudsman has a mandate to monitor situation with approximately 44,000 detainees across 60
penitentiary institutions in addition all other places of detention including pre-trial detention facilities, social
and psychiatric/neurological institutions.
181.
Art. 14 of the amended Law on the Ombudsman vested the Ombudsman with a right to conduct detention
visits and interview detainees. Under Art. 14-1, the Ombudsman has a right to conduct reactive as well as
preventive detention monitoring. He is authorized to freely visit penal institutions, places of detention and
special reception units without prior announcement. The Law obliges administration of these institutions to
ensure safety of the Ombudsman.
182.
The CA team was told that the Ombudsman and his Regional Representatives use their right to conduct
detention monitoring freely, without any obstacles: administrations of visited detention facilities ensure
unhindered and confidential meetings of detainees with the Ombudsman, under conditions that allow
employees to see them but not to hear them. This is a positive development following August 2017
amendments of the Law. Prior to these amendments, each visit had to be agreed upon with the Ministry of
Interior.
183.
The Ombudsman staff noted positive improvements in the conditions of detention since two years. After
monitoring visits, administrations of the visited detention facilities carry out necessary repairs, in line with
recommendations of the Ombudsman. In the last 1.5 years repairs have been conducted in all detention
facilities for women and juveniles. In August 2017, the President in his five-year programme committed to
improve conditions of detention throughout the country, including through construction of new detention
places equipped with medical and resocialization facilities as well as income generating activities.
184.
The CA team was told that the number of prisoners in the penitentiary system has been decreasing – including
as a result of three amnesties of the President during the last two years. There are 122 prisoners per 100
thousand of general population (the 2nd place among the CIS countries) and penitentiary institutions are
filled only up to 60%. The CA team was informed that there have not been any serious complaints about
relations between penitentiary staff and the inmates.
185.
Detention visits take place on average once every three months, but letterboxes for complaints are checked
by Regional Representatives on a more regular basis. Detention monitoring is usually conducted by the
Ombudsman/his Deputy or Head of the Secretariat accompanied by one of the human rights investigators,
or by Regional Representatives together with one of the Tashkent Office’s representatives. Moreover, as of
January 2018, on the basis of the MoU with the Parliament, the Ombudsman conducted joint monitoring
visits with the MPs.
186.
Regional Representatives informed the CA team that they visit all types of penal institutions, including women’s
colonies and juvenile facilities. During such visits, humanitarian aid and books are regularly delivered; focus
groups, lectures as well as individual interviews are held. The CA team was informed that often detainees
seek legal advice or complain about issues that do not constitute human rights violations (detainees ask for
advice on how to mitigate their punishments, how to obtain social assistance to their families, etc.).
187.
Regional Representative repeatedly noted to the CA team that conditions of detention in pre-trial detention
facilities (SIZOs) have been brought in line with international standards and that all interviews with detainees
are confidential as prescribed by the Law on the Ombudsman. Both, regular and reactive monitoring visits,
triggered by complaints, are conducted. Conditions of detention, quality of food, facilities and medical
assistance, as well as access to printed media and libraries are monitored.
188.
Regional representatives also mentioned their monitoring of neurological and psychiatric institutions, and
noted that in the future, monitoring of social and closed educational institutions will be explored, including
orphanages and houses for elderly people.
Areas for improvement
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