Human Rights and Liberalization of Judicial and Legal System in Uzbekistan

Today’s Uzbekistan with its 27 million population geographically and politically presents the basis of Central Asia. One of the most ancient civilizations in the world was born in this region. The Great Silk Road passed through its territory in the past. The history of my nation is deeply rooted in the centuries and counts more than three thousand years. From the ancient times such cities as Tashkent, Samarkand, Bukhara, Khiva, Termez are well known in the world and their links were spread from China to Spain and from Europe to the Indian Ocean.
Uzbekistan declared its independence in 1991 and entered the period of revival of its cultural, intellectual and legal wealth, as well as the democratic reforms in economic, political and social fields.
Uzbekistan developed its own way of reforming the society and its own model of transition from authoritarian rule to a democratic society and determined the concrete directions of state activity in the sphere of guaranteeing and protection of Human Rights.
In March 1992 Uzbekistan became the member of the United Nations. Since that time the multilateral cooperation with various UN Human Rights instruments began.
First of all, I would like to draw your attention to the three moments, which characterize the contemporary situation of human rights in Uzbekistan.
First, Uzbekistan is an ancient land with centuries-old civilization, which is characterized by ethnic, religious, racial, cultural and multilingual tolerance. Rights and fundamental freedoms of more than 100 nations and 14 religious confessions are observed in the country. Not a single case of interethnic or inter-religious conflict arose during the years of independence. Despite the difficulties of the transitional period and geopolitical characteristics of the volatile region, Uzbekistan managed to maintain a political stability, interethnic harmony and sustainable development that create necessary conditions for the protection and promotion of human rights.
Second, legislative and institutional systems of protecting human rights were set up in a short historical period of time in Uzbekistan. International standards on human rights are being implemented into the national legislation. National institutions in the field of human rights such as the Authorized person of the parliament for human rights (Ombudsman), National Human Rights Centre and more than 5,000 nongovernmental organizations are currently operating.
Third, Uzbekistan ratified more than 60 international human rights instruments and consequently fulfilling its obligations in good faith. And maintains close cooperation with the UN charter and treaty bodies special procedures and mechanisms. In short, protection and promotion of human rights have become a priority in domestic and foreign policy.
In the years of independence Uzbekistan has been accomplishing the following in the sphere of human rights:
First. Legislative foundation in the sphere of human rights protection has been created in a short historical period in Uzbekistan. Parliament has adopted over three hundred laws on human rights and fundamental freedoms. Lately, a new edition of the Law about Ombudsman to expand powers of Parliamentary Ombudsman was adopted. The Laws on public funds and elections of chairpersons of self-governance institutions of citizens were passed.
Second. By implementing the Vienna Declaration and Program of Actions the system of national institutions for human rights protection has been established. Alongside with traditional law-enforcement system, including court, legal profession, prosecutor’s office such national institutions on human rights, as parliamentary Ombudsman, Constitutional court, National Centre for Human Rights, Institute for monitoring the current legislation, Special Department on human rights under the Ministry of Justice, interdepartmental commissions and groups are now functioning in the country.
Third. Uzbekistan has created the educational system in the sphere of human rights under auspices of the United Nations decade in the field of human rights education. Special courses entitled the "Human Rights" have been introduced at all schools and universities.
The topic on human rights protection is included into the program on improvement the professional skills of officers of law-enforcement bodies (judges, lawyers, police, offices of prosecutors). The National Program for raising the legal culture level of society is successfully being implemented.
Fourth. The broad information - educational activity in the sphere of human rights is being conducted within the framework of the UN World Campaign on Public Information in the field of human rights. For example, more than hundred basic international legal documents on human rights have been translated into the Uzbek language and published in large amount of copies. More than thirty juridical newspapers and magazines on human rights protection issues are being published. All mass media pay a special attention to the issues of protection of human rights.
Fifth. Based on the rule of law our country established the system of working with complaints on illegal activities of state officials, which includes an institutional legal mechanism.
Uzbekistan introduced a completely new concept of judicial system.
In the field of criminal proceedings the following significant measures were taken to maintain the true independence of courts:
1. Specialization of courts on criminal, civil and economic cases;
2. Establishment of institutes of appeal and cassation for consideration of judicial cases;
3. The law reduced the time spent for investigation and detention of people, rigid terms for legal proceeding in the courts were established;
4. Introduction of a democratic legal mechanism for formation of the corpus of judges;
5. Functioning of the Department on execution of court judgments, and exemption of courts from unusual functions;
6. Ensuring the principle of competitiveness, which means equality of rights of public prosecutors and advocates.
In the field of criminal and penal legislation:
1. Classification of crimes was completely changed, structure of criminal offences falling under a category of less heavy crimes and crimes not causing social dangers is essentially expanded. As a result of such approach only for over the last two and half years about five thousand persons who have committed offences not of profound social danger were not imprisoned but rather had paid material compensations of over UZS 11 billion;
2. Conditions for serving the punishment in places of imprisonment are improved: the regime and conditions of confinement in colonies were softened. As a result, a share of persons who are serving punishments in colonies-settlements has increased from 7% in 1990 up to 21% of persons now confined in penal institutions;
3. Increase of clauses, which provide a right of parole. At the moment, by a number of prisoners (34,000 persons) on per capita basis Uzbekistan holds the best, i.e. last place among the CIS countries. In other words, in Uzbekistan the number of prisoners for every hundred thousand people makes up one hundred and fifty eight persons;
4. Institute of reconciliation was introduced into the legislation as a form of administration of justice. Establishment of this institute has enabled to release from a criminal liability over twenty six thousand persons.
President of Uzbekistan Islam Karimov outlined the major directions for further liberalization of judicial system in the statement addressed at the joint session of bicameral parliament of Uzbekistan in January 2005.
Two historical steps were taken within the framework of liberalization of judicial system in early August 2005. Here we speak about two presidential decrees.
First – the strengthening of judicial review of preliminary investigation processes and pre-trial proceedings. The decree has been adopted on August 8, 2005, which introduces the institute of habeas corpus, i.e. transfer of legal proceedings for issuing sanctions on detention, arrest, as well as application of other measures of remedial compulsion to courts.
Second – the exclusion of death penalty from the system of punishment. First of all, it is necessary to specify that in Uzbekistan the death penalty is not applied against women, minors and persons aged 60 and over. The death penalty is to be abolished in Uzbekistan starting from January 1, 2008 instead of just a moratorium declaration on execution of capital punishment.