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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of September 10, 2021 No. UP-6312

About measures for enhancement of activities of the representative of Oliy Majlis of the Republic of Uzbekistan for human rights (ombudsman)

For the purpose of further increase in the importance of institute of the Representative of Oliy Majlis of the Republic of Uzbekistan for human rights (ombudsman) (further - the Ombudsman) as independent national institute on protection of human rights and freedoms, and also enhancement of institutional bases of its activities, expansion of powers of the Ombudsman on ensuring compliance with the rights and freedoms of citizens and its participations in regions, widespread introduction in activities of the Ombudsman of information and communication technologies:

1. Determine as priority tasks of the Ombudsman by ensuring reliable protection of human rights and freedoms in the following activities:

participation in forming and implementation of state policy in the sphere of protection of the rights, freedoms and legitimate interests of the person;

implementation of efficient parliamentary control of observance by state bodies and organizations, including law enforcement and monitoring bodies of the legislation on rights, freedoms and legitimate interests of the person;

providing guarantees of protection of the rights, freedoms and legitimate interests of the person, including by consideration of addresses about their violation;

studying of practical realization of regulations and requirements of acts of the legislation in the sphere of providing the rights, freedoms and legitimate interests of the person and preparation of offers on their enhancement;

acceptance of effective measures on prevention of tortures, and also others the brutal or degrading advantage types of addresses in places of content of persons with limited freedom of travel;

carrying out together with authorized state bodies, officials and representatives of the non-state organizations of verification of messages on the facts of violation of the rights, freedoms and legitimate interests of the person;

promotion among the population of regulations of the international and national legal system in the sphere of providing and protection of the rights, freedoms and legitimate interests of the person, and also rendering assistance to increase in sense of justice and legal culture of the population;

development of international cooperation in the sphere of providing the rights, freedoms and legitimate interests of the person.

2. Approve the offer of chambers of Oliy Majlis on introduction on places of positions of the regional representatives of the Ombudsman working at permanent basis.

For the purpose of establishing activities of regional representatives of the Ombudsman on permanent basis to allocate since January 1, 2022 in addition 14 established posts financed by the Government budget.

3. Determine the main objectives of regional representatives of the Ombudsman:

ensuring compliance with the rights, freedoms and legitimate interests of the person, organization and carrying out monitoring of human rights;

acceptance and consideration of claims of citizens, assistance to recovery of their violated rights;

the organization on own initiative or request of the author of the address of its consideration with participation of experts, specialists and representatives of the interested organizations;

holding meetings and conversations with the detainees taken into custody, persons serving administrative sentence and convicts to imprisonment;

carrying out information and educational work in the sphere of observance and protection of the rights, freedoms and legitimate interests of the person together with public authorities on places, representatives of mass media and other institutes of civil society.

4. Determine that:

a) regional representatives of the Ombudsman:

in the activities are directly accountable to the Ombudsman;

annually represent the report on condition of observance of the rights, freedoms and legitimate interests of the person in regions respectively to the Jokargi Kenes of the Republic of Karakalpakstan, Kengasha of People's Deputies of areas and the city of Tashkent;

have easy access in the state bodies and the organizations located in regions which officials instantly accept them;

b) public authorities on places promote activities of regional representatives of the Ombudsman.

5. Recommend to the Ombudsman to develop in three-months time together with the interested ministries and departments taking into account the best international practices the draft of the new law "About the Representative of Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman)", having provided in it:

additional guarantees of free and effective implementation by the Ombudsman of the tasks facing it, and also measures for reliable protection of its rights, honor and advantage;

procedure for provision on system basis to the President of the Republic of Uzbekistan and Oliy Majlis the Ombudsman of information on condition of observance of acts of the legislation on protection of the rights, freedoms and legitimate interests of the person by the state, including law enforcement and monitoring bodies;

the Ombudsman's right to representation to the President of the Republic of Uzbekistan, to chambers of Oliy Majlis, and also the Cabinet of Ministers of special reports on separate aspects of protection of the rights, freedoms and legitimate interests of the person directed to acceptance of legal, organizational, social and economic and other measures;

power to initiate legislation of the Ombudsman;

provision according to which the citizen of the Republic of Uzbekistan not younger on the date of election can be elected 30 years to position of the Ombudsman, having higher education, the necessary experience in the sphere of protection of the rights, freedoms and legitimate interests of the person, high moral qualities and also constantly living in the territory of Uzbekistan at least five years just before elections;

non-admission of election of the same person Ombudsmenom more than two times;

additional guarantees of immunity of the Ombudsman and his deputy during the term of their powers;

the status of the regional representative Ombudsmen working at permanent basis;

procedure for the written notice the Ombudsman of officials of state bodies and other organizations about inadmissibility of violation of acts of the legislation on observance of the rights, freedoms and legitimate interests of the person, and also introduction by it to heads of state bodies and organizations of ideas of the elicited facts of offenses, elimination of the prerequisites and conditions which are subject to obligatory execution promoting them;

the Ombudsman's right to participation in meetings of the state bodies and the organizations connected with consideration of questions of protection of the rights, freedoms and legitimate interests of the person including at meetings of the Plenum of the Supreme Court;

legal mechanisms of content in the territory of organizations of execution of the punishment and pre-trial detention centers of "the Ombudsman's boxes", procedure for the room of addresses of persons to them condemned to imprisonment;

procedure and mechanism of informing public by the Ombudsman on condition of observance and protection of the rights, freedoms and legitimate interests of the person.

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