HUMAN RIGHTS
WATCH Human Rights News FrenchSpanishRussianKoreanArabicHebrewspacer
RSSPortugueseGermanChinesePersianMore Languagesspacer
   
HRW Documents on Europe and Central Asia FREE    Join the HRW Mailing List 
Human Rights Watch Statement
Abolition of Capital Punishment and Prevention of Torture

On the Occasion of the OSCE Human Dimension Implementation Meeting, Warsaw
(September 10, 2002)
Mr. Chairman,

Human Rights Watch welcomes the OSCE’s engagement on the important human rights issues of capital punishment and torture—two of the most serious violations of fundamental human rights that still persist in the region. In our comments today we would like to briefly highlight some of the most significant developments in this area over the past year, and then offer a number of recommendations to specific participating countries and to the OSCE as a whole.


Related Material

Turkey's Bold Reforms Fail Imprisoned Legislators
Press Release, August 7, 2002

Russia: Investigate Sexual Violence by Troops in Chechnya
Press Release, April 10, 2002

Uzbekistan: Two Brutal Deaths in Custody
Press Release, August 10, 2002


Turkey
In a truly significant move last month, Turkey abolished the death penalty. Human Rights Watch warmly welcomes this important reform and urges other OSCE participating states to follow Turkey’s lead to establish the OSCE region as a death penalty-free zone.

Human Rights Watch remains concerned, however, about a number of other serious human rights abuses that continue to take place on a systematic basis in Turkey. One of the most disturbing is torture, a practice that continues to be rampant in Turkish prisons and police precincts. In February 2002, the government enacted reforms aimed at curbing torture, but since then, Human Rights Watch has received reports of twenty-nine cases of torture and ill-treatment involving fifty-two individuals, including four juveniles. The single most important step that Turkey could take to address this continuing serious problem would be to guarantee all detainees access to legal counsel from the first moments of detention, as recommended by a number of international monitoring bodies, including the European Committee for the Prevention of Torture, whose recommendations have been endorsed by the European Union as part of Turkey’s accession process.

Russia
Two other OSCE participating states deserve a special mention in today’s discussions of torture—Russia and Uzbekistan. Russia’s war in Chechnya has continued to be plagued by severe human rights and humanitarian law violations perpetrated against the civilian population in Chechnya. Over the past year, Human Rights Watch has documented numerous military sweep operations, in which Russian troops arbitrarily detained, tortured and killed civilians in a climate of lawlessness. The war is also characterized by sexual violence, including rape, by Russian servicemen against women in Chechnya. Human Rights Watch documented five such cases in connection with sweep operations in winter-spring 2002. Efforts to investigate and prosecute perpetrators of crimes against Chechen civilians are deeply flawed. There still exists no official record of the abuses committed during the conflict, and the government has continued its refusal to grant access to relevant U.N. human rights mechanisms, including most importantly the Special Rapporteur on torture. Meanwhile, the aftermath of the terrorist attacks on September 11 has sadly seen the international community largely drop its criticism of Russian abuses in Chechnya.

Uzbekistan
Uzbekistan remains a stronghold of repression, where nearly every civil and political right is commonly violated. Torture is a routine practice employed to extract confessions or other testimony. Following its review of Uzbekistan in May, the U.N. Committee against Torture expressed concern about the numerous reports of torture in Uzbekistan and, using unusually strong language, called on the Uzbek government to review all convictions handed down since 1995 that were based solely on confessions, recognizing that they may have been coerced through torture.

In the past fifteen months alone, Human Rights Watch has documented eleven deaths arising from suspicious circumstances in custody. Just last month, two religious prisoners, Muzafar Avazov and Husnidin Alimov, died brutal deaths at the Jaslyk Prison, which is infamous for its harsh conditions and ill-treatment and torture of religious prisoners. Doctors who saw Avazov’s body reported that such burns could only have been caused by immersing him in boiling water. His hands reportedly had no fingernails. Prison conditions overall continue to be appalling, and the ICRC has still not resumed its visits due to continued lack of satisfactory arrangements with the Uzbek authorities; this past summer, we received a letter that a prisoner serving time in a facility in Kashkadaria province in southern Uzbekistan managed to have smuggled out that listed, among many other descriptions of abuse, eighteen independent Muslim prisoners who had been raped or sexually assaulted by officials in that facility this year. Religious prisoners are particularly vulnerable to abuse, and the government’s crackdown against independent Muslims continues unabated, with no sign of progress on legal reform that would improve the climate for religious freedom or provide protection from torture.

Torture and inhuman or degrading treatment are, of course, not limited to Turkey, Russia and Uzbekistan. Such practices occur throughout the OSCE region and in the overwhelming majority of cases, the perpetrators of these abuses remain unpunished. Human Rights Watch calls on OSCE participating states to intensify their efforts to end the practice of torture and inhuman or degrading treatment and, in particular:

  • Ensure that reports of torture and ill-treatment are promptly and thoroughly investigated, including when reported by human rights groups, and that those found responsible for abuse of power are brought to justice; OSCE missions can play an important role in promoting accountability by maintaining records of torture allegations and tracking, monitoring, and reporting on accountability procedures;

  • Where their criminal codes do not already do so, participating states should amend them to specifically define torture as a criminal offense, as required by the U.N. Convention against Torture; ODIHR and OSCE missions should facilitate the provision of appropriate technical expertise in support of such legal reform;

  • Where such provisions do not already exist, participating states should amend their criminal procedure codes to guarantee all detainees access to legal counsel from the first moments of detention, and introduce judicial review of detention (habeas corpus); again, ODIHR and mission expertise could be instrumental in promoting this reform;

  • Comply in a timely manner with their reporting obligations to U.N. treaty bodies, in particular the U.N. Committee against Torture, and implement the recommendations issued by these bodies, as well as those by other relevant applicable international monitoring mechanisms such as the European Committee for the Prevention of Torture;

  • Those participating states who have not already done so, should issue standing invitations to U.N. special mechanisms, in particular the Special Rapporteur on torture;

  • Ensure that all law enforcement personnel receive regular human rights awareness training and be specifically instructed that they must comply with the requirements of the Code of Conduct for Law Enforcement Officials, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the Standard Minimum Rules for the Treatment of Prisoners. Building on the OSCE’s police training experience in the Balkans, it might consider developing a traveling police training course emphasizing curriculum in these areas.
HRW Logo Contribute to Human Rights Watch

Home | About Us | News Releases | Publications | Info by Country | Global Issues | Campaigns | Community | Store | Film Festival | Search | Site Map | Contact Us | Press Contacts | Privacy Policy

© Copyright 2006, Human Rights Watch    350 Fifth Avenue, 34th Floor    New York, NY 10118-3299    USA