Rule of Law
Improving the situation in relation to the rule of law in Uzbekistan is a central challenge both for
addressing the country’s human rights and economic challenges. It is an area where progress has
been somewhat uneven compared to some other reforms and major challenges remain ahead
around corruption in the judiciary, the continued dominance of the prosecutor’s office and the lack
of defence lawyers. As with so many areas of policy the pace of regulatory change in the legal sphere
has been rapid, with around 15,000 new Ministry of Justice documents and regulations in the last
three years (compared to 20,000 in the previous 25 years).
One area where there has been a clear step forward is in the area of policing. As discussed above,
prior to recent reforms low-level bribery was endemic amongst beat and traffic police.
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After recent
changes Uzbek’s everyday interactions with police have markedly improved, though independent
activists report that some low level harassment and monitoring of their activities persist. Following
the tragic case of Alijon Abdukarimov, who was beaten to death by police officers in May, the
Government has committed to installing CCTV in the interrogation rooms of 497 police stations
across Uzbekistan, while the police involved have been arrested and charged with torture and illegal
detention.
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At the heart of Uzbekistan’s rule of law problems have been the overwhelming power of the
Prosecutor General’s Office (PGO) in controlling the legal process from arrest (officers used to have
unrestricted power of arrest but though now courts determine who can be arrested it is almost
unknown for them to refuse prosecutors requests) through to sentencing (judges almost always
accept the sentence proposed by the prosecutors). The charging decision, in the hands of the PGO, is
critical in determining the outcome of a trial in a system where acquittals are still extremely rare.
Mirziyoyev has spoken openly about the need to increase the number of acquittals in legal
proceedings. Following the speech, the annual number of acquittals has risen from six in 2016 to 867
in 2018.
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However, some observers have noted concerns that these numbers may be being padded
out with cases that have yet to complete where sentencing is postponed or where the applicants
have died.
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Reforming the PGO itself has also been an important part of the reform agenda. In
August 2017 Mirziyoyev claimed that the PGO officials had been ‘major thieves and facilitators of
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Eurasianet, Uzbekistan: Andijan blindness slows transition to era of openness, experts say, May 2020, https://eurasianet.org/uzbekistan-
andijan-blindness-slows-transition-to-era-of-openness-experts-say
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KunUz, The National Strategy of Uzbekistan on Human Rights has been approved, June 2020, https://kun.uz/64926322
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Local observers reported extraordinary, but unverified, claims that Tashkent traffic police previously were to required to meet a $100
per day quota for fines and bribes to return to their bosses (before officers took their own cut).
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Eurasianet, Uzbekistan: Police to fit interrogation rooms with recording equipment, June 2020, https://eurasianet.org/uzbekistan-
police-to-fit-interrogation-rooms-with-recording-equipment?utm_source=dlvr.it&utm_medium=twitter
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UN OHCHR, Uzbekistan faces crucial challenges for judicial independence, says UN human rights expert, September 2019,
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25056&LangID=E
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From discussions with a well-known legal observer.
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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.
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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.
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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.
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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.
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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.
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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.
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Reports of bribe taking remain rife,
particularly in the criminal and administrative courts. According to the UN Special Rapporteur on the
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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/
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Paruz.uz, Forms of activity reports and statistics, January 2020, https://www.paruz.uz/post/otchety-o-deyatelnosti-advokatskih-
formirovaniy
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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
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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
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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
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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.
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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.
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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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