9,000 complaints every year. Throughout the CA mission, the CA team was trying to identify how exactly this
volume of complaints is being processed and what procedural mechanisms ensure effective analysis, follow
up and tracking of results of the Ombudsman’s interventions. The CA team was told that modus operandi of
complaints handling system is learnt by new-comers through practice. The CA team understood that there
is done on a quarterly basis, mostly manually. In-depth analysis are conducted when the Ombudsman’s annual
report and annual reports of Regional Representatives are prepared. In order to ensure meaningful follow
up on implementation of recommendations of the Ombudsman and his Regional Representatives, analysis
of answers received in line with Art.16 of the Ombudsman Law and conclusions on trends and patterns of
human rights violations carried out on a monthly basis may further boost the Office’s analytical outputs.
The Office may step up its recommendations on interventions at the regional level, and regular monitoring
Generally, the Law on the Ombudsman in Art. 16 and 17 stipulate that the Ombudsman can only issue
suggested that affording legally binding power to the Ombudsman’s recommendations may boost the
guaranteed. However, the lack of a special room to store hard copies of the complaints may compromise
rules on security of information and confidentiality. Planned expansion of premises for the Office may offer
an opportunity to designate a separate room for keeping the complaints’ archives. The Ombudsman office
should explore a possibility to digitalize hard copies of all past complaints to avoid the storage of complaints
in the paper format.
the complaints: 5 working days – initial processing/referral; 15 days- in case of no follow up required and a
standard reply is sent; 30 days – for a reply in more complicated cases where investigation is warranted; and
F i n a l R e p o r t : O f f i c e o f t h e O m b u d s m a n o f U z b e k i s t a n C a p a c i t y A s s e s s m e n t
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additional 30 days in more complicated cases. The CA team understood that interns are often used in order
to prepare standard replies and send them out. This practice is indicative that the available human resource
is clearly not sufficient to review and meaningfully follow up on all received complaints.
“Each complaint is labour-intensive. Each human rights investigator is swamped with complaints and
there is no sufficient time to conduct monitoring in the field”.
“There are not enough people. Currently, we get cases assigned by the system, and we have to review
them, it’s a lot of work but we work long hours and manage to comply with all deadlines”.
Right to appeal to court
176.
In line with Art.14 of the amended Law on the Ombudsman, the Ombudsman is now authorized to appeal
to courts and submit claims on behalf of individuals and such applications are exempt from court fees. It
was not clear from the interviews or from the Annual 2017 Report how often the Ombudsman exercised this
new power, so it is recommended that the Annual 2018 Report includes a relevant section on the number of
appeals submitted to court by the Ombudsman.
Protection against reprisals
177.
Art. 15 of the Ombudsman Law grants vast investigative powers to the Ombudsman. Any obstruction to
the activities of the Ombudsman is punishable by law. During interviews the CA team heard that there were
several cases of reprisals against complainants. The Ombudsperson intervened in such cases with relevant
duty-bearers at the central level. In this regard, a clear SOP on what should be done in such cases and what
protection measures can be invoked by the Ombudsman should be made available to all human rights
investigators and all complainants should be duly informed of their right to seek protection in case if they
face reprisals. Moreover, all state officials, in particular those in the regions, should be further sensitized to
the mandate of the Ombudsman and his functions.
Reception office
178.
The CA team was told by the Ombudsman staff that presence of police officers at the entrance of the building
has not been noted by any individuals as a factor that may dissuade complainants to approach the office. The
challenge for the Office is to make access for all as welcoming as possible.
Paris Principles
“3.
A national institution shall, inter alia, have the following responsibilities:
(a) To submit to the Government, Parliament and any other competent body, on an advisory
basis either at the request of the authorities concerned or through the exercise of its power to
hear a matter without higher referral, opinions, recommendations, proposals and reports on
any matters concerning the promotion and protection of human rights; the national institution
may decide to publicize them; these opinions, recommendations, proposals and reports, as
well as any prerogative of the national institution, shall relate to the following areas:
(ii) Any situation of violation of human rights which it decides to take up (…).
Methods of operation
Within the framework of its operation, the national institution shall:
(a) Freely consider any questions falling within its competence, whether they are submitted
by the Government or taken up by it without referral to a higher authority, on the proposal (…)
of any petitioner;
(b) Hear any person and obtain any information and any documents necessary for assessing
situations falling within its competence.