E Economic and Social Council - acnudh
E Economic and Social Council - acnudh
E Economic and Social Council - acnudh
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E/CN.4/2006/6/Add.2<br />
page 74<br />
between the Ministry of Internal Affairs <strong>and</strong> the Tashkent City Bar, was not approved by the<br />
Ministry of Justice, <strong>and</strong> therefore is not binding on institutions. The resolution was adopted for<br />
the reason that the procedures regulating meetings between defence lawyers <strong>and</strong> their clients in<br />
Tashkent Prison were revoked <strong>and</strong> advocates were practically deprived of the possibility to meet<br />
with the their clients without the permission of the investigator or the judge. According to a<br />
survey conducted by the Association of Advocates, 353 persons, 85% of those surveyed, stated<br />
that meetings of defence lawyers with their clients can only be carried out after numerous<br />
complaints to various bodies (as legislation does not provide for the issuance of the permission<br />
for lawyers to meet with their clients). Moreover, 95 lawyers, 23% of those surveyed, reported<br />
that the judges are not acquainted with the resolution. Lawyers’ experience shows that paragraph<br />
11 of the resolution considerably limits the right to legal defense as guaranteed by the<br />
Constitution (i.e. which provides for as many meetings as needed without time limits). Despite<br />
this constitutional provision, law enforcement officials frequently hinder the enjoyment of the<br />
right to legal defence.<br />
349. The Government informed that on 8 August 2005 the President of the Republic of<br />
Uzbekistan issued a Decree “On Transferring the Right to Sanction Preliminary Detention”,<br />
which provides, “In order to further liberalise the judicial system […], starting from 1 January<br />
2008, the right to sanction the preliminary detention of suspects or accused persons should be<br />
transferred to the authority of courts. Preliminary detention should be used in exceptional cases,<br />
when other measures of restriction foreseen by the law are not effective, <strong>and</strong> only after a decision<br />
of a criminal court or a military court in accordance with their competencies.”<br />
350. Recommendation (d) stated: The Government should take the necessary measures to<br />
establish <strong>and</strong> ensure the independence of the judiciary in the performance of their duties in<br />
conformity with international st<strong>and</strong>ards, notably the United Nations Basic Principles on<br />
the Independence of the Judiciary. Measures should also be taken to ensure respect for the<br />
principle of the equality of arms between the prosecution <strong>and</strong> the defence in criminal<br />
proceedings.<br />
351. According to NGOs, no such measures were taken.<br />
352. The Government informed that in order to guarantee real independence of the judiciary,<br />
the further democratisation of the principles relating to the selection <strong>and</strong> placement of judges,<br />
<strong>and</strong> to process proposals about the promotional system, the President, on 30 July 1999,<br />
established a Commission under the President for dealing with questions related to the<br />
appointment <strong>and</strong> dismissal of judges. With the aim of further improvements, this Commission<br />
was transformed into the “Main Qualification Commission on the Selection <strong>and</strong><br />
Recommendation of Judges under the President of the Republic of Uzbekistan” by Presidential<br />
Decree of 4 May 2000. The Commission is composed of representatives of the judiciary,<br />
Parliament, qualification collegiums, NGOs, <strong>and</strong> highly qualified legal specialists. The selection<br />
<strong>and</strong> management of judicial issues was transferred from the Ministry of Justice to the judges.<br />
The question about the tenure of judges is under consideration.<br />
353. Recommendation (e) stated: The Government should ensure that all allegations of<br />
torture <strong>and</strong> similar ill-treatment are promptly, independently <strong>and</strong> thoroughly investigated<br />
by a body, outside the procuracy, capable of prosecuting perpetrators.