A/HRC/4/41
page 96
465. In six cases, the Government reported that the subjects were being held in different penal
institutions in Uzbekistan. The Working Group considered that these replies could constitute
clarifications, provided that the sources do not raise objections within six months (see
paragraph 12).
466. In seven cases, the Working Group decided that the information provided by the
Government was insufficient to constitute clarifications. In all of those cases the Government
stated that the whereabouts of the persons were unknown but that searches were continuing. In
five of the cases criminal proceedings had been instituted but later suspended under article 364,
paragraph 1.1, of the Code of Criminal Procedure (failure to identify a person against whom
charges can be brought). In three of the cases the subject himself was charged in absentia, but
the case was suspended because the whereabouts of the accused were unknown.
Information from sources
467.
No new information was received from sources concerning outstanding cases.
Clarifications
468. The Working Group also decided to clarify four cases where the six-month rule had been
previously applied (see paragraph 11).
Summary of the situation prior to the period under review
469. Of the 19 cases transmitted in the past, 2 concerned an Islamic religious leader and his
assistant who were reportedly detained in 1995 by the National Security Service in Tashkent as
they were waiting to board an international flight, and another concerned the leader of the
Islamic Renaissance Party, reportedly an unregistered political party, who was allegedly arrested
in 1992. Four cases concerned persons who had reportedly fled to Kyrgyzstan after violent
events in May 2005 in Andijan, Uzbekistan, and were later returned to Uzbekistan.
Total cases transmitted, clarified and outstanding
470. In the past and during the period under review, the Working Group has
transmitted 19 cases to the Government; of those, 1 case has been clarified on the basis of
information provided by the source, 5 cases have been clarified on the basis of information
provided by the Government and 13 cases remain outstanding.
Observations
471. The Working Group continues to be concerned about the suspension of investigations in
disappearance cases and wishes to remind the Government of its obligations to conduct thorough
and impartial investigations “for as long as the fate of the victim of enforced disappearance
remains unclarified”, in accordance with article 13, paragraph 6, of the Declaration.
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