PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of November 30, 2017 No. UP-5268

About additional measures for strengthening of guarantees of the rights and freedoms of citizens in judicial and investigative activities

In the country the large-scale work aimed at providing reliable guarantees of protection of the rights and freedoms of citizens, first of all, from criminal encroachments and also non-admission of infringement of their honor and advantage, restriction of legitimate interests is carried out.

In basis of the undertaken judicial and legal reforms such constitutional principles as rule of law, equality of citizens before the law, humanity, justice and presumption of innocence are underlain.

In pursuance of the Strategy of actions in five priority directions of development of the Republic of Uzbekistan in 2017 - 2021 number of the regulatory legal acts aimed at providing authentic independence and independence of judicial authority, improvement of quality and transparency of justice, expansion of application of Habeas Case institute, creation of effective system of anti-corruption is accepted.

Cancellation of procedure for return by courts of criminal cases for production of additional investigation allowed to increase the responsibility of judicial and investigating authorities for establishment of the truth and other circumstances important for the correct permission of case and also adoption of the legal, reasoned and fair decision.

As a result only in 10 months 2017 courts pronounce verdicts of not guilty concerning 191 persons whereas for the last five years only 7 persons were acquitted. Besides, in the current year bodies of pretrial investigation on the rehabilitating and other bases stop 3 511 criminal cases.

At the same time, the analysis of law-enforcement practice, generalization of results of open dialogue with the population confirm availability in the legislation of the legal gaps interfering law enforcement and objectivity when collecting, fixing, check and assessment of proofs in the course of investigation and consideration of criminal cases.

These circumstances negatively affect efficiency of measures for protection of the rights, freedoms and legitimate interests of citizens and, as a result, lead to reasonable discontent of the population, decrease in his trust to law enforcement agencies and beliefs in impartiality of court.

For the purpose of unconditional and strict ensuring the constitutional principles of rule of law, equality of citizens before the law, humanity, justice and presumption of innocence, observance of the rights and freedoms of citizens in judicial and investigative activities, further enhancement of the criminal procedure and criminal and executive legislation, according to article 98 of the Constitution of the Republic of Uzbekistan:

1. Draw the paramount attention of law enforcement and judicial authorities to strict and strict observance of requirements of the legislation according to which any departure from exact execution and observance of regulations of the laws, whatever motives it was caused is violation of legality and involves the responsibility established by the legislation.

2. Consider inadmissible use as the evidence on criminal cases of the data obtained with fundamental breaches of the procedural legislation or illegal methods and, respectively, not having legal force, including collected:

using tortures, psychological and physical pressure and others cruel, inhuman or degrading treatments concerning participants of criminal procedure or their close relatives;

with violation of the rights of the suspect, person accused or defendant to protection, and also rights to use by translation service;

with use of delusion of the person who is involved in criminal trial, arose owing to not explanation to it the rights and obligations;

as a result of carrying out legal proceeding by person who does not have the right to perform production on this criminal case;

from unknown source or from source which cannot be established in production process on criminal case;

from testimonies of the victim, witness, suspect, person accused, defendant during pretrial investigation which were not confirmed by court set of the available proofs;

from the testimonies of the victim, witness, suspect, person accused, defendant based on guess, the assumption or hearing, except as specified their confirmations by set of the available proofs.

3. Prohibit:

introduction of the additional requirements limiting the principle of open trial on criminal cases in courts except the cases which are directly provided by the Code of penal procedure of the Republic of Uzbekistan;

use as the proof of testimonies of the witness, the victim, the suspect, the person accused, the defendant, the expert opinion, physical evidences, audio-and video and other materials received with violation of regulations of the procedural legislation.

4. Impose criminal liability for the falsification of proofs by entering of obviously false data and other misstatements into documents or objects, the coercions to evidence untrue, misstatement of the actual circumstances on case which entailed illegal arrest, detention, criminal prosecution or condemnation of person, having provided strengthening of responsibility for perjury and false denunciation.

5. Establish procedure according to which:

the detained person to whom the measure of restraint in the form of detention is in absentia applied has the right to appeal judicially determination about application of this measure of restraint within seventy two hours from the moment of its delivery in the relevant competent authority;

addresses about application of the unlawful methods when collecting and fixing proofs are subject to obligatory check by bodies of prosecutor's office or court with conducting medical examination according to the procedure, established by the legislation;

obligatory video fixing of legal proceedings in the form of inspection of the scene (on especially serious crimes), search, verification of indications on site of event, investigative experiment with use of means of video is performed;

the defender has the right to collect and produce the evidence on criminal case which is subject to attaching to the criminal case file, and also obligatory check and assessment during conducting inquiry, pretrial investigation and consideration of criminal case in court;

inadmissibility of use of actual data as proofs is established by the investigator, the investigator, the prosecutor or court on own initiative or according to the petition of the parties. The investigator, the investigator, the prosecutor or the judge in case of the solution of question of inadmissibility of proofs shall determine in what the violation which formed the basis for recognition of the proof inadmissible was expressed and to accept the motivated resolution (determination);

in the course of legal proceedings the shorthand which materials join the criminal case file is conducted;

the prosecutor carries out obligatory inspection regarding:

observance of requirements of the criminal procedure legislation on immediate registration and permission of statements, messages and other data on the crimes received from the persons serving custodial sanction, who are held in custody, detained or subjected to administrative detention;

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