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The reform of the judicial system of the Republic of Uzbekistan

05-09-2006 03:22 PM CET | Politics, Law & Society

Press release from: Embassy of Uzbekisan in Berlin

/ PR Agency: Presservice
The purposeful and stage-by-stage judicial reform in the Republic of Uzbekistan has been underway since 2001.

The following achievements can speak to the functioning of an independent judicial system in the Republic of Uzbekistan: constitutionally set guarantees and principles that comply with the universal norms of international law; the procedures of selection, appointment and dismissal of the judicial corps in compliance with the legislation of Uzbekistan; strict procedures, in accordance with the legislation, of administration of justice on criminal, administrative, civil and economic cases; statutory responsibility for interfering into court activity.

Number of measures on enforcing the independence of courts have been taken. The following achievements have become a considerable step forward in reforming the court system: specialization of courts on criminal, civil, and economic cases; introduction of appeal and conciliation institutions; liberalization of punishment; pretrial investigation and detention terms’ cutback. Necessary changes have been introduced to the legislative norms that prevent interference of the prosecutors into court proceedings.

The cassation system has been reformed, which gave citizens the right to personally and directly protect their rights when they disagree with court decision. Legal mechanisms have created, which provided the equality of the defence and prosecution in the court and the realization of the competition principle.

The system of working with complaints against illegal actions of authorities, which is based on the rule of law including institutional-legal mechanism, has been established

The Department on Court Decisions Supervision has been created in the Ministry of Justice, and courts have been freed from extrinsic functions.
One of the main tasks of the judicial reforms in Uzbekistan is to ensure effective protection of constitutional rights and freedom of citizens, primarily the right for defence from groundless criminal prosecution and interference into his/her private life, personal immunity, as well as the right for fair justice.

At the same time the essence of reforms in the country on further democratic renewal of social life, country’s modernization and results on liberalization of court – judicial system require the abolishment of death sentence and replacement it by life or long-term imprisonment.
Depending on the norms of international law, the Constitution of the Republic of Uzbekistan, which stipulates the right to live, as well as to conduct the concrete measures on further liberalization of criminal penalty, on august 1, 2005, the decree of the President of the Republic of Uzbekistan “On abolishment of death penalty” was issued, providing for its full cancellation from January 1, 2008.

Abolishment of death sentence requires wide range of explanatory works among the population, preparing them to be ready for changes on further liberalization of criminal penalty, as well as solution of financial and organizational matters.

At the meantime, in Uzbekistan, it is being carried out the measures on making the amendments and additions to the national legislation, taking into account the international experience, as well as creating conditions for abolishment of death penalty.

For the last years it was conducted the considerable work on improving the activity of law-enforcement bodies in the legality sense, strengthening the authority of courts as a guaranty of effective protection of human rights, insuring the independence of courts and their role in building legal state and strong civil society.

With the aim of further liberalization of court-judicial system, ensuring step-by-step and consequent transfer to the courts the right to issue sanctions on undertaking measures of procedural compulsion related to the constraints of constitutional human rights and freedoms, and in accordance with the articles 19, 25 and 44 of the Constitution of the Republic of Uzbekistan stipulating citizens’ rights on court defense, in August 8, 2005 Decree of the President of the Republic of Uzbekistan “On transfer to the courts the rights to issue on detention” has been issued. From January 1, 2008 the right to issue sanction on detention of suspects or accused of committing crime will be under courts’ jurisdiction what is an important basis for the introduction of “Habeas Corps” institute in Uzbekistan.

With the aim of creation of legal mechanisms for issuing court sanctions on detention in accordance with the aforementioned Decree Ministry of Justice of the Republic of Uzbekistan along with Supreme court, General Procuracy, Ministry of Interior and National Security Service of the Republic of Uzbekistan have developed a draft of Law on amending the Criminal-procedural Code and Laws “On Courts”, “On Procuracy”. This draft was presented to the Government of the Republic of Uzbekistan for consideration.

During the preparation of this bill foreign countries’ experience on detention was taken into account.

The Embassy of the Republic of Uzbekistan in Berlin
Presservice
Perleberger Str. 62
10559 Berlin
Tel.: 030 39 40 98 -0; - 13
Fax: 030 39 40 98 62
www.uzbekistan.de

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