STATUS: retentionist

Legal Framework

The death penalty is currently envisaged for two crimes: murder with aggravating circumstances and terrorism. (Articles 51, 97 (2) and 155 (3) of the Criminal Code, 1994, as amended 2004) On 29 June 2007, Uzbekistan’s Senate adopted amendments to the Criminal Code that provide for the abolition of the death penalty as of 1 January 2008.

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STATUS: retentionist

Legal Framework

The death penalty is currently envisaged for two crimes: murder with aggravating circumstances and terrorism. (Articles 51, 97 (2) and 155 (3) of the Criminal Code, 1994, as amended 2004) On 29 June 2007, Uzbekistan’s Senate adopted amendments to the Criminal Code that provide for the abolition of the death penalty as of 1 January 2008. The amendments substitute life imprisonment for capital punishment.(Art. 1, para. 1, of the Law “On changes and amendments in some legislative acts of the Republic of Uzbekistan in connection with the abolishment of the death penalty”) Life imprisonment and long-term imprisonment are only to be applied to first-degree murder and terrorism. Life imprisonment is not to be applied to women, juveniles, or men over 60 years of age. Those serving life imprisonment will be permitted to appeal after serving 25 years; those sentenced to long prison terms, though not life, can appeal after serving 20 years. (Ibid., para. 11)

Moratorium

There is no moratorium on either the imposition or the carrying out of death sentences. The UN special rapporteur on the question of torture has called for the introduction of a moratorium on executions in Uzbekistan. (Report of the Special Rapporteur on the Question of Torture, Theo van Boven, Addendum, Mission to Uzbekistan, E/CN.4/2003/68/Add.2, 3 February 2003, para. 70 (s))

On 11 May 2007, the justice minister stated publicly that no executions had taken place in Uzbekistan since 2005.(Hands Off Cain, “Uzbekistan”)

Method of execution

Shooting (Art. 51 of the Criminal Code. Art. 140 of the Criminal Execution Code of 1 April 1995 provides that executions shall not be carried out in public)

Statistics

Official statistics were not provided. (According to information received from non-governmental organizations, at least seven individuals were sentenced to death during the period from 30 June 2006 to 30 June 2007)

Executions

Official statistics were not provided.

International Safeguards

Women and minors

Women and individuals who were below the age of 18 at the time of the crime cannot be sentenced to death. (Art. 51 of the Criminal Code. This article also stipulates that men over the age of 60 at the time of sentencing cannot be sentenced to death)

Fair-trial guarantees

In its concluding observations on the second periodic report submitted by Uzbekistan, the UN Human Rights Committee expressed its concern about the lack of information on the number of prisoners sentenced to death, grounds for conviction, and the number of executions. The Committee has urged Uzbekistan to “publish such information periodically and make it accessible to the public”. (Concluding observations of the Human Rights Committee: Uzbekistan, U.N. Doc. CCPR/CO/83/UZB, 26 April 2005, para. 7)

The UN special rapporteur on torture has described the use of torture in Uzbekistan as systematic. He has also reported a lack of respect for the principle of presumption of innocence, a lack of independence of the judiciary, and discretionary powers of the prosecutor with respect to access to detainees by legal counsel and relatives. (Report of the UN Special Rapporteur on torture, Mission to Uzbekistan, U.N. Doc. E/CN.4/2003/68/Add.2, 3 February 2003) Both the UN Human Rights Committee and the UN Committee against Torture have expressed their concern about the lack of independence of the judiciary in Uzbekistan.(Concluding observations of the Human Rights Committee: Uzbekistan, U.N. Doc. CCPR/CO/71/UZB, 26 April 2001; Concluding observations and recommendations of the Committee against Torture: Uzbekistan, U.N. Doc. CAT/C/CR/28/7, 6 June 2002; Concluding observations, op. cit., note 133) In addition, the UN Human Rights Committee has also expressed its concern about “the continuing high number of convictions based on confessions made in pre-trial detention that were allegedly obtained by methods incompatible with article 7 of the Covenant [prohibition against torture or other ill-treatment]”.(Concluding observations, op. cit., note 133, para. 10)

On 27 March 2006, in a report on the situation in specific countries or territories, the special rapporteur on the independence of judges and lawyers reiterated his serious concern about the generally deteriorating human rights situation in Uzbekistan. He expressed particular concern regarding the conduct of the executive and prosecutorial authorities and the legislative framework in relation to the conduct of trials. He stressed the need for in-depth reforms of the judiciary, including the role of prosecutors, judges, and lawyers in the judicial process. (Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, Corrigendum, Situation in specific countries or territories, U.N. Doc. E/CN.4/2006/52/Add.1, 27 March 2006, para. 297)

In its concluding observations on the second periodic report submitted by Uzbekistan, the UN Human Rights Committee recalled that, in several cases, Uzbekistan had executed prisoners under sentence of death while their cases were pending before the Committee. The Committee reminded Uzbekistan that “disregard of the Committee’s requests for interim measures constitutes a grave breach of the state party’s obligations under the Covenant and the Optional Protocol”. (Concluding observations, op. cit., note 133, para. 6)

In the reporting period, the UN Human Rights Committee examined four communications concerning the imposition of death penalty in 1999, 2000, and 2001. (U.N. Doc. CCPR/C/87/D/959/2000, 8/08/2006, Communication No. 959/2000; CCPR/C/89/D/1043/2002, 3/04/2007 Communication No. 1043/2002; U.N. Doc. CCPR/C/89/D/1071/2002, 3/03/2007, Communication No. 1071/2002; U.N. Doc. CCPR/C/88/D/1057/2002, 10/11/2006, Communication No. 1057/2002) It found that the death sentences had been pronounced without meeting the requirements of a fair trial, as the accused were not provided with a lawyer at any stage of the proceedings. In addition, it found that the authorities had failed to adequately address allegations of torture, that one individual sentenced to death was executed prior to the consideration of his request for a pardon, and that the public prosecutors may not be regarded as having the institutional objectivity and impartiality necessary to examine the legality of decisions for pre-trial detention. The Committee held that the authors of one communication were victims of inhuman treatment as a result of the authorities’ failure to notify them of the execution of their son and the failure to inform them of his burial place. The Committee found a number of violations of the ICCPR, including of Article 6 (right to life), Article 7 (prohibition against torture and other ill-treatment), Article 10 (1) (right of persons deprived of their liberty to be treated with humanity), and Article 14 (right to a fair trial).

Pardon or commutation

Death sentences can be commuted to 25 years’ imprisonment.( Article 93 of the Constitution and Article 51 (3) of the Criminal Code. Regulation “On the procedure for granting clemency in the Republic of Uzbekistan”, approved by Decree of the President of the Republic of Uzbekistan NYII-1839, 11 September 1997) The cases of all individuals sentenced to death are automatically considered by the Clemency Commission under the Office of the President regardless of whether the sentenced person has submitted an appeal for clemency. Sentences should not be executed until a decision on clemency has been issued.

Relatives

Relatives are not informed in advance of the date of execution. The body is not returned, and the place of burial is not disclosed.(This information is regarded as a state secret in accordance with Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 239-33 “On measures of protection of state secrets of the Republic of Uzbekistan”, 5 May 1994, and Article 140 of the Criminal Execution Code) Following his mission to Uzbekistan, the special rapporteur on torture expressed serious concern regarding the situation of the relatives of people sentenced to death: “The complete secrecy surrounding the date of execution, the absence of any formal notification prior to and after the execution and the refusal to hand over the body for burial are believed to be intentional acts, fully mindful of causing family members turmoil, fear and anguish over the fate of their loved ones. The practice of maintaining families in a state of uncertainty with a view to punishing or intimidating them or others must be considered malicious and amounting to cruel and inhuman treatment.” (See note 153 in Report of the UN Special Rapporteur on torture, op. cit., note 128)

In its concluding observations on the second periodic report submitted by Uzbekistan, the UN Human Rights Committee remained concerned that, “when prisoners under sentence of death are executed, the authorities systematically fail to inform the relatives of the execution, defer the issuance of a death certificate and do not reveal the place of burial of the executed persons”. The Committee stated that, “these practices amount to a violation of article 7 of the Covenant [prohibition against torture or other ill-treatment] with respect to the relatives of the executed persons”. The Committee urged Uzbekistan to change its practice in this regard in order to comply fully with the Covenant’s provisions. (Concluding observations, op. cit., note 133, para. 8.)

On 21 March 2006, the special rapporteur on torture noted that information about executions and the burial place of those executed is still considered a state secret and that in many cases the relatives of persons sentenced to death were informed about the execution of the sentence after they had submitted communications to the UN Human Rights Committee. (Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Mr. Manfred Nowak, E/CN.4/2006/6/Add.2, notes 393 and 399)

Relevant International Instruments

Updated: 2007

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