Spotlight on Uzbekistan
35
theft’, saying that he had replaced 80 per cent of them and in March 2019 made further changes to
redistribute responsibilities to other state agencies and reduce the PGO workforce by 23 per cent.
169
Despite these reforms, the inequality of arms in the court room in criminal and administrative court
cases is palpable. On the other side of the court from the still powerful PGO across the courtroom in
criminal trial are a small band of advocates. As of January 2019 there were 3944 lawyers
licensed as
attorneys at law in total in a country of 33 million people.
170
Given Uzbekistan’s expanding array of
new business opportunities many of these lawyers (and many others with legal training but not
registered with the Chamber of Advocates) work in the commercial sector leaving a small number to
take up the thankless task of defending those accused in a system with the acquittals rate and
sentencing policy noted above. There are issues around the need to improve the status of lawyers in
the country, but particularly to make it more attractive to act as a defence lawyer. At the moment
lawyers taking human rights or politically challenging cases tend to be from the small group of older
lawyers, with younger lawyers still afraid that taking such cases could destroy their careers.
There are some small steps underway to change the situation facing lawyers in Uzbekistan. Firstly,
efforts are underway to reform the Chamber of Advocates that represents the profession, attempting
to loosen the level of control the Ministry of Justice has over its activities. Following a Presidential
Decree from December 2019, the Chamber of Advocates has been tasked with developing a new
concept for the administration of the legal profession with
a working group, involving a broader
range of advocates than previously might have been the case. Key issues under investigation include
the nature of the relationship with the Ministry of Justice (previously chair of Chamber of Advocates
was chosen by Ministry of Justice) and the development new policy on legal aid, with a view to
providing criminal, administrative and civil case support from advice through to trial for those who
meet low income criteria and this will be managed by a series of regional centres independent of the
judiciary who administered the legacy system (often the cause of corruption and favouritism
amongst lawyer). The Chamber of Advocates now has a consultative role in
approving any new
legislation relating to the profession. On positive initiate in improving access to justice is the Madad
network of legal advisory bureaus across Uzbekistan, an ‘NGO’ funded by government decree in
2019, that aim to shortly have an office in every district as well as the national website Advice.uz all
providing free legal advice.
171
Reform of the judiciary remains very much a work in progress; something the President has been
open about in is 2020 State of the Nation Speech.
172
At present, the Supreme Judicial Council,
created in 2018, makes appointment of judges on the recommendation of the Supreme Court.
However, the President appoints the council and formally approves judicial appointments, giving
concerns over the ability of the Presidential administration to influence the decisions.
173
Judicial
salaries have been increased though still not to a level commensurate with the lifestyles they and
their families have come to expect from their position.
174
Reports of bribe taking remain rife,
particularly in the criminal and administrative courts. According to the UN Special Rapporteur on the
169
Kun.uz, Shavkat Mirziyoyev sharply criticized prosecutors, August 2017, https://kun.uz/news/2017/08/04/savkat-mirzieev-prokurorlarni-
keskin-tankid-kildi;
Umida Hashimova, Uzbekistan Makes Serious Cuts to the Prosecutors General’s Office, The Diplomat, March 2019,
https://thediplomat.com/2019/03/uzbekistan-makes-serious-cuts-to-the-prosecutor-generals-office/
170
Paruz.uz, Forms of activity reports and statistics, January 2020, https://www.paruz.uz/post/otchety-o-deyatelnosti-advokatskih-
formirovaniy
171
The Tashkent Times, Central office of Madad NGO opens in Tashkent, December 2019, https://tashkenttimes.uz/national/4715-central-
office-of-madad-ngo-opens-in-tashkent
172
Lee Kyung-sik, “Uzbekistan enters a new decade; great opportunities even deeper”, The Korea Post, February 2020,
http://www.koreapost.com/news/articleView.html?idxno=20207
173
Supreme Council of Judges of the Republic of Uzbekistan website: http://www.sudyalaroliykengashi.uz/uz; UN, Human Rights Council:
Visit to Uzbekistan, April 2020, https://undocs.org/A/HRC/44/47/ADD.1
174
Believed to be a range of between seven to ten million soms (700-1000 dollars) per month, significantly more than the average wage of
2.21 million soms per month. For information on the latter see The Tashkent Times, Average salary in Uzbekistan at US$ 235, October
2019, https://tashkenttimes.uz/national/4510-average-salary-in-uzbekistan-at-us-
235#:~:text=In%20January%2DSeptember%202019%2C%20the,634%2C880%20soums%2C%20US%24%2067.
Spotlight on Uzbekistan
36
independence of judges and lawyers 85 per cent of judges remain on a five-year tenure which leaves
them potentially more open to pressure in order to secure their future reappointment than more
established judges on longer terms.
175
The rapporteur also noted that civil society representatives
that he met during his visit with were subject to interrogation by the security services.
The majority of the judges working today have made their way through the Prosecutor’s office. The
working group of the Chamber of Advocates has suggested that all new judges in the criminal courts
have spent time as a defence lawyer, something that may help change perspectives as well as
improving the status of lawyers in general. The more egregious excesses of the judiciary have been
removed while the need for deeper institutional change remains.
The international community has been engaging with judicial reform process both on training and on
building technical capabilities, such as the well-publicised project by the UN to make documents
from the administrative court system open to the public. Efforts to create an
automated system of
case distribution are yet to be completed with case allocation decisions when assigned judges are
unavailable are still being made by the powerful chairs of each court as part of the widespread
powers they have over the selection, promotion, evaluation and discipline of judges. As the UN
Special Rapporteur noted the measures taken so far ‘should be regarded as initial steps towards the
establishment of a truly independent and impartial justice system. Much more needs to be done to
ensure that the judiciary is truly independent from other
branches of the State, and that judges,
prosecutors and lawyers are free to carry out their professional activities without any undue
interference or pressure.’
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