of September 29, 2011 No. ZRU-298
About detention in case of criminal proceeding
Accepted by Legislative house on July 27, 2011
Approved by the Senate on August 26, 2011
Tasks of this Law are determination of procedure and conditions of detention of persons detained on suspicion of crime execution, and persons to whom the measure of restraint in the form of detention, guarantees of their rights, freedoms and legitimate interests is applied.
The legislation on detention in case of criminal proceeding consists of this Law and other acts of the legislation. If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about detention in case of criminal proceeding then are applied rules of the international treaty.
In this Law the following basic concepts are applied:
the detainee - person detained on suspicion of crime execution on the bases, the stipulated in Article 221 Code of penal procedure of the Republic of Uzbekistan;
taken into custody - the suspect or the person accused to whom according to regulations of the Code of penal procedure of the Republic of Uzbekistan the measure of restraint in the form of detention is applied;
detention - detention of persons detained on suspicion of crime execution, or persons to whom the measure of restraint in the form of detention is applied.
The basic principles of detention are legality, equality of citizens before the law, respect of honor and advantage of the personality, protection of the rights and freedoms of citizens, presumption of innocence.
The basis of detention of detainees is the protocol of detention constituted according to the procedure, stipulated in Article 225 Codes of penal procedure of the Republic of Uzbekistan.
The basis of detention taken into custody is the judgment about the application of measure of restraint in the form of detention passed according to the procedure, provided by the Code of penal procedure of the Republic of Uzbekistan.
Terms of detention are determined by the Code of penal procedure of the Republic of Uzbekistan.
Detained and taken into custody are considered innocent until their guilt in crime execution is proved in the procedure provided by the law and is established by the court verdict which took legal effect.
Detained and taken into custody have the rights, freedoms and perform the duties established for citizens of the Republic of Uzbekistan with the restrictions provided by the law.
The foreign citizens detained and taken into custody in the territory of the Republic of Uzbekistan, stateless persons have the rights, freedoms and perform duties on an equal basis with citizens of the Republic of Uzbekistan, except the cases established by the law and international treaties of the Republic of Uzbekistan.
Discrimination of detainees and the taken into custody on the bases of sex, races, nationalities, language, religion, social origin, beliefs, personal and social standing is not allowed.
Application concerning detainees and the tortures taken into custody and others the cruel, brutal or degrading advantage of the person address types is not allowed.
Detainees contain in temporary detention centers of bodies of the Ministry of Internal Affairs of the Republic of Uzbekistan (further - temporary detention centers) and pre-trial detention centers of bodies of Service of state security of the Republic of Uzbekistan, and the detained military personnel - on garrison and army guardrooms of Armed Forces of the Republic of Uzbekistan (further - guardrooms).
In certain areas content of detainees in the rooms which are specially adapted for these purposes, and on ocean and river crafts - in specially allotted cabins is by way of exception allowed.
In the cases and procedure established by the law, detainees can contain in organizations on execution of the punishment.
Taken into custody contain in pre-trial detention centers of bodies of the Ministry of Internal Affairs of the Republic of Uzbekistan and Service of state security of the Republic of Uzbekistan (further - pre-trial detention centers).
The cases and procedure established by the law, taken into custody can contain in temporary detention centers and organizations on execution of the punishment, and the military personnel taken into custody - on guardrooms.
In the cases and procedure established by the law, detained and taken into custody can temporarily contain in medical institutions of the state health care system.
Temporary detention centers are intended for detention of detainees.
Taken into custody can contain in temporary detention centers up to ten days. In cases when delivery taken into custody to the pre-trial detention center is impossible because of remoteness or lack of proper means of communication, such persons under the resolution of the investigator approved with the prosecutor and also under the resolution of the prosecutor or determination of court can contain in temporary detention centers up to thirty days.
Temporary detention centers are created, will be reorganized and liquidated by the Minister of Internal Affairs of the Republic of Uzbekistan.
Pre-trial detention centers are intended for detention taken into custody.
The cases and procedure established by the law in pre-trial detention centers can also contain detainees and convicts.
Pre-trial detention centers are legal entities.
Pre-trial detention centers are created, will be reorganized and liquidated by the Cabinet of Ministers of the Republic of Uzbekistan.
The military personnel detained and taken into custody contains on guardrooms according to the procedure and the conditions established by the law and other regulatory legal acts regulating the organization and procedure for execution of garrison and guard duty in Armed Forces of the Republic of Uzbekistan.
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