In Uzbekistan, systematic work is being carried out to fulfill international obligations to strengthen the legislative and institutional framework for the protection of human rights, to implement international human rights standards in national legislation and to intensify cooperation with international organizations on the protection of human rights.
President of Uzbekistan Shavkat Mirziyoyev initiated large-scale reforms aimed at liberalizing the country’s social and political life and ensuring the rule of law. Among the priorities they covered the issues of unconditional observance of human rights and freedoms in the administration of justice, as well as strengthening the role of state and public institutions in this process.
In accordance with article 19 of the Constitution of the Republic of Uzbekistan, a citizen of the Republic of Uzbekistan and the state are bound by mutual rights and mutual responsibility. The rights and freedoms of citizens, enshrined in the Constitution and laws, are constant, and no one has the right to deprive or restrict them without a court.
The state and society strongly condemn the use of torture and other cruel, inhuman or degrading treatment or punishment. In recent years, the regulatory and legal framework has been radically revised, laws have been adopted and the law enforcement practice of preventing this phenomenon has been improved.
In Uzbekistan, over the past four years, fundamental transformations have been carried out in all areas of state and social construction, which have radically changed the system of relations between the state, society and the citizen. At the same time, the President of the Republic of Uzbekistan Sh.M. Mirziyoyev made decisions on cardinal improvement of the system of work with appeals of individuals and legal entities, the opening of the People’s Receptions of the President of the Republic of Uzbekistan, as well as making public relations important in the activities of public authorities and administration at both the republican and local levels.
Democratic reforms have ensured a high degree of openness of the state in the discussion of the decisions made, the developed normative-legal and program documents. An unprecedented example of the generation of public opinion, a reflection of the importance of each voice was a broad nationwide discussion of the Action Strategy for five priority areas of development of the Republic of Uzbekistan in 2017-2021 and the State Program for its implementation in the “Year of Dialogue with the People and Human Interests”.
All these innovations have a common goal – to consolidate the creative potential of society for the implementation of a course of large-scale reforms for the accelerated development of the state, its democratic institutions and economy, the formation of conditions for a dignified and prosperous life of citizens, the effective implementation of their personal, political, social and economic rights, freedoms and legitimate interests.
The main goal of the reforms carried out in the penitentiary system is the re-socialization of the offender and the formation of the personality as a worthy representative of modern society, regardless of the reason for his crime in the past.
Providing opportunities for social adaptation of persons who have violated the law, but realized the illegality of their actions and firmly embarked on the path of correction, their return to society and family is a vivid confirmation of the centuries-old traditions, mercy, tolerance and kindness of the Uzbek people.
The Decree of the President of the Republic of Uzbekistan “On additional measures to strengthen guarantees of the rights and freedoms of citizens in judicial and investigative activities” (30/11/2017) and the Plan of Practical Measures (“Road map”) on the promotion of the initiatives of the Republic of Uzbekistan put forward at the 72nd session of the UN General Assembly, the implementation of the agreements reached following the negotiations with the UN High Commissioner for Human Rights Z.R. al-Hussein in New York on September 18-20, 2017 “. According to the documents, state decisions have been made on the implementation of the National Preventive Mechanism for the Prevention of Torture on the basis of the Ombudsman and on the implementation by him of parliamentary control over the observance of the rights and freedoms of persons serving sentences in institutions for the execution of sentences, detained and held in custody, as well as those subjected to administrative arrest.
Special attention was paid to the issue of human rights in the report of the President of the Republic of Uzbekistan Shavkat Mirziyoyev at the solemn event dedicated to the 27th anniversary of the adoption of the Constitution of the Republic of Uzbekistan.
Tasks have been defined to establish the procedure for compulsory video filming of such actions as the detention of a person, clarification of procedural rights to him, refusal of the protection provided, as well as fixing the norm in the law as the duties of an inquiry officer, investigator and other authorized person, stating that the relatives of a person detained by law enforcement officers bodies must be immediately informed about his stay in a special room, to introduce an electronic system for recording the detention of persons and other actions related to the use of compulsory procedural measures restricting the rights of detainees, the introduction of a procedure for appealing against a prosecutor’s decision in court, ensuring the true independence of the courts and strengthening the legal status of the legal profession.
In addition, the President of the Republic of Uzbekistan put forward the task of developing a long-term national strategy to further improve the effectiveness of ensuring human rights. The adoption of this strategy will serve as the basis for further deepening the democratic reforms carried out in the country, stable development of society and the state, effective protection of human rights, freedoms and legitimate interests.
As a vivid manifestation of the noble traits of our people, such as kindness, generosity, humanism and mercy, the President of the Republic of Uzbekistan adopted a number of decrees “On pardoning a group of persons serving a sentence who sincerely repented of their deeds and firmly embarked on the path of correction.” The adopted decrees testify to the humane direction of democratic reforms carried out at the initiative of President Sh. Mirziyoyev in all spheres of state and public life in the country.
On February 2021 A resolution of the Senate of the Oliy Majlis was adopted on the election of Feruza Farkhodovna Eshmatova as the Commissioner of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman).
The Pardon Commission under the President of the Republic of Uzbekistan was reorganized (05/08/2018) in 2018 and the Ombudsman, being a member of this Commission, takes a permanent part in its activities.
In the period from December 2017 to 2020, the act of pardon was applied to about 5,000 convicts serving sentences. “Justice is in the rule of law” – this principle is the basis of the activities of the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for human rights. The Ombudsman actively participated in all stages of the development and discussion of laws adopted by the Oliy Majlis. The materials of his control and analytical activities are widely used during parliamentary hearings, when discussing the reports of representatives of state authorities and administration.
In his Address to the Oliy Majlis dated January 24, 2020, the President of the Republic of Uzbekistan Sh.Mirziyoyev noted that “the basic laws and codes concerning the judicial and legal sphere were adopted about 20-25 years ago and ceased to meet modern requirements. In this regard, it would be advisable for the parliament to adopt in the coming years new Civil, Criminal, Criminal Procedure, Criminal Execution Codes and the Code of Administrative Responsibility. At the same time, special attention should be paid to the introduction of advanced human rights standards into investigative and judicial practice. When improving legislation, we should be most concerned not with the fact of adopting new laws, but with what benefit the new laws will bring to people, how they will make their life easier.”
In accordance with the decree of the President of the Republic of Uzbekistan “On measures to radically improve the activities of the internal affairs bodies in the sphere of execution of sentences related to imprisonment” (№ПП-3200 от 11.08.2017г.), further increase in the efficiency of work to protect the rights and interests of persons is envisaged, serving sentences in places of deprivation of liberty, harmonization of the penitentiary system in accordance with international standards.
On the basis of the adopted normative legal acts, the legal rights and freedoms of convicts serving sentences have been significantly expanded, and a legal basis has been created for broad practical implementation among developed democratic countries in the field of ensuring the rights of convicts, in particular:
- For the first time, those sentenced to imprisonment for committing crimes that do not pose a great public danger and less serious crimes were granted the right to vote (04/09/2019).
- The “Rules of minimum standards for the treatment of prisoners” (Nelson Mandela Rules), adopted by the resolution of the United Nations General Assembly dated December 17, 2015, have been implemented into national legislation (14/03/2019), namely:
In addition, convicts serving their sentences in settlement colonies were granted the right to receive a pension (28/08/2019).
- In terms of strengthening the protection of the rights, freedoms and legal interests of convicts, their upbringing and social adaptation (30/062020).
At the same time, attention is paid to creating decent conditions for prisoners. Thus, pre-trial detention center No. 1 was relocated to the territory of the Zangiata district of the Tashkent region, the buildings and structures of which fully meet international standards. The pre-trial detention center is equipped with 14 rooms for conducting investigative measures, 15 rooms for meetings between prisoners and lawyers. The territory of the pre-trial detention center is equipped with 409 modern video surveillance equipment.
The activities of two penal colonies have been completely stopped (colony no. 33 in the Kashkadarya region and colony no. 65 in the Tashkent region).
A manifestation of a humane policy was also the adoption of a resolution of the President of the Republic of Uzbekistan on the liquidation of a specialized penal colony (08/08/2019) located in the village of Zhaslyk of the Republic of Karakalpakstan, which was the cause of constant claims by international human rights organizations. Convicts who served their sentences in this colony were transferred to other colonies. Empty buildings and structures are not used.
As part of the practical implementation of the Action Strategy for five priority areas of development of the Republic of Uzbekistan in 2017-2021, amendments and additions were made to the Law of the Republic of Uzbekistan “On the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman)” in 2017 (29/08/2017), aimed at strengthening the independence of the Ombudsman institution and further expanding its powers to protect the rights of persons in custody. In particular,
– the right to submit questions to the Constitutional Court, participate in its sessions and present one’s position during these events;
– the right to appeal to courts with statements and claims in the interests of citizens without paying a state fee;
– the right to submit to the chambers of the Oliy Majlis separate reports on various issues of ensuring human rights and freedoms, as well as to the committees of the chambers of the parliament – proposals to hear reports from representatives of state authorities and administration;
– the right to submit to the heads of state bodies and other organizations submissions on the elimination of identified violations of legislation, human rights and freedoms, the reasons and conditions that contribute to them;
– the right to submit petitions to the relevant authorities to bring persons to justice, in whose actions a violation of human rights and freedoms has been established;
– the right to organize the protection of the rights and freedoms of persons in custody, including unhindered visits to relevant institutions to study the conditions of detention, hold confidential meetings and conversations with them, receive appeals from them, not subject to censorship and not limited in number;
– strengthening the status of regional representatives of the Ombudsman, introducing the procedure for annually informing them, respectively, of the Jokargy Kenes of the Republic of Karakalpakstan, Kengashes of people’s deputies of the regions and the city of Tashkent on the work to protect human rights and freedoms;
– consolidation of the norm on the implementation of material and other support for the activities of the Ombudsman at the expense of the State budget and reflecting these funds in a separate line;
– determination of the participation of representatives of executive authorities in the activities of the Commission on the observance of constitutional human rights and freedoms under the Ombudsman with the right of an advisory vote, etc.
By a joint resolution of the Kengash of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan and the Kengash of the Senate of the Oliy Majlis of the Republic of Uzbekistan “On measures to further improve the organizational and legal framework for the activities of the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for human rights (Ombudsman)” No. 1398-III / ПК-282-III dated December 29, 2017 approved:
– Regulation “On the Commission for the Observance of Constitutional Human Rights and Freedoms under the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman)”, which defines the main tasks, rights, obligations, the procedure for the formation of the Commission, guarantees of ensuring the rights of its members;
– Regulations “On the Regional Representative of the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman) in the Republic of Karakalpakstan, regions and the city of Tashkent”, which regulates the procedure for appointment, tasks, rights and obligations, guarantees of the activities of the regional representative of the Ombudsman, issues of his interaction with state authorities on the ground and civil society institutions.
In 2019, amendments and additions were made to the Law of the Republic of Uzbekistan “On the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman)” aimed at expanding the powers of the Ombudsman to protect the rights of persons in custody, as well as introducing a system of measures to prevent torture and other cruel, inhuman or degrading treatment or punishment (National Preventive Mechanism).