Uzbekistan faces crucial challenges
Uzbekistan faces crucial challenges for judicial
independence, says UN human rights
expert
GENEVA / TASHKENT
(26 September 2019) – Important steps have been taken in
Uzbekistan to dismantle an authoritarian and centralist
structure that has previously severely undermined the
independence of justice, the function of lawyers and the
rule of law, says visiting UN rights expert Diego
Garcia-Sayán.
“I emphasise that this process is ongoing and that further improvements must be made. I have also perceived an openness to criticism and I welcome this approach,” said García-Sayán, the Special Rapporteur on the Independence of Judges and Lawyers, presenting a preliminary statement at the end of his visit.
“Substantial threats against judicial independence and the rule of law remain,” he said, referring to the heavy and constant presence of the security services throughout society and Uzbekistan’s institutions. He was also concerned about broad powers that prosecutors retain in criminal proceedings, which limit the independence of judges to decide cases autonomously and in accordance with his or her conscience.
“The Government must now act
urgently to sustain and complete the reform process and
bring to an end those practices which currently affect
access to justice and threaten efforts to achieve judicial
independence.”
Garcia-Sayán said he had
identified a number of positive steps, including an increase
in the number of acquittals in recent years, the creation of
the Supreme Judicial Council and the Supreme School of
Judges, and the gradual establishment of electronic
procedures aimed at increasing transparency and facilitating
access to justice.
“An increase in the number of acquittals in criminal proceedings demonstrates a gradual move from a system in which the autonomy of judges was limited to rubber-stamping decisions by the prosecutor,” said Garcia-Sayán.
In 2016, only six acquittals were recorded. The number rose to 263 in 2017 and to 867 in 2018. So far, in the first nine months of 2019, more than 500 individuals have been acquitted.
“The system as a whole should have a clearer human rights focus,” said Garcia-Sayan. “Not only should this be central in the training of judges, but a new provision should be included in the constitution to recognise that international norms and standards take precedence, in case of a conflict, over legislative and regulatory provisions enacted by national authorities.”
Following allegations of interference with lawyers’ access to accused individuals held in detention facilities, Garcia-Sayán suggested that a legal provision establishing severe sanctions against any public official or person responsible for impeding that access should be considered.
In an effort to increase the number of lawyers in the country, the UN expert suggested that steps could be taken to promote or establish new law schools and to review the obligatory three months of internship to become a defence lawyer.
“Uzbekistan should also take action to strengthen and improve the participation of civil society in the justice process, for instance through participation in the Supreme Judicial Council. It would also be advisable for judges to play an active role in selecting members of their own ranks to sit on the Council,” said Garcia-Sayán.
“Corruption and associated criminal structures within the State are a major threat against its institutions, including the judiciary.
“Uzbekistan needs to institute investigative and judicial procedures to confront impunity. It should also ensure that adequate and trustworthy teams are in place in the judiciary and in the Prosecutor’s Office. Appropriate legal regulations on plea bargaining are also necessary in order to get at the truth in cases of corruption and organised crime.”
The Special Rapporteur will present a comprehensive report containing his findings and recommendations to the Human Rights Council in Geneva in June 2020.
ENDS