detention monitoring either alone or together with a staff member of the Secretariat from Tashkent and
F i n a l R e p o r t : O f f i c e o f t h e O m b u d s m a n o f U z b e k i s t a n C a p a c i t y A s s e s s m e n t
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they are not remunerated for such work. Recommendations in earlier sections of this report on the need
to guarantee salaries, staff and the payment of all expenses associated with detention visits by Regional
Representatives are also valid here.
190.
Given that there is only two female Regional Representatives (out of 14), ensuring equal gender representation
among Regional Representatives and future regional staff is of paramount importance. Detention monitoring
can be carried out through a gender sensitive lens and in line with basic principles of human rights monitoring
only if there is a gender balance among monitors.
191.
For the future NPM functioning, the Ombudsman will need to attract external experts with specialized
knowledge. For instance, forensic and medical experts will need to be contracted through the Association of
Emergency Doctors – relevant rules and procedures will need to be developed in this regard.
192.
In order to ensure unannounced nature of preventive detention visits, it would be advisable to have vehicles
that are readily available to the Ombudsman staff and his Regional Representatives. The current system of
booking cars from the government car pool or from regional administrations may not be the best way to
ensure the confidential and unannounced nature of detention visits.
Uniform monitoring checklists, manuals and guidelines
193.
The CA team heard different views on whether there is a need to have standard monitoring tools – checklists
and manuals on specific areas for human rights monitoring, including for detention visits. Some Regional
Representative explained that while overall guidance and broad guidelines on monitoring are provided by the
Secretariat in Tashkent, the actual questions for monitoring in the regions are adjusted in line with regional
specifics. While acknowledging a need to take local reality into account, the CA team believes that availability
of standard monitoring checklists and manuals may facilitate uniform information-gathering and thereby
simplify ensuing analysis of trends and patterns of human rights violations.
Torture complaints
194.
The CA team was told that there has been a very small number of complaints regarding ill-treatment and
torture. There has been only a handful of cases where investigations under torture article or affiliated Criminal
Code articles were launched. Most of the complaints after initial verification proved to be unsubstantiated,
according to the Ombudsman staff.
195.
This phenomenon may be indicative of three issues: 1. the situation in detention facilities has indeed improved
after the Presidential decree aimed at torture prevention and intensified attention given by the General
Prosecutor’s Office to this phenomenon; 2. during monitoring visits there is no conducive environment for in-
depth interviews with detainees that would allow for proper documentation of torture allegations; or 3. there
is no effective investigation into initial allegations conducted by the law enforcement authorities. The CA
team heard of examples when preventive detention visits aimed at assessing conditions of detention were
conducted by Regional Representatives jointly with representatives of the Penitentiary service and Special
Prosecutors. Such practice would appear to run counter to international standards on independent detention
monitoring and should be avoided at all costs.
196.
Self-critical analysis and periodic revision of procedures for detention monitoring have to take place inside the
Ombudsman Office in order to ensure that international human rights monitoring rules are strictly complied
with during each and every detention visit.
197.
The CA team heard about MoUs with the Departments of Health that have been concluded by some Regional
Representatives. According to these MoUs, when a torture allegation is made, a medical doctor can be invited
to examine a victim. The CA team heard that such MoUs do not exist yet in every region. Training on Istanbul
Protocol for medical professionals, staff of all detention facilities and the Ombudsman office’s staff may be a
good way to further promote cooperation between relevant professionals and ensure coherent approach to
documenting torture complaints.
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