A/HRC/4/33/Add.2
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Proof”, whose article 3 contains a clear prohibition of the use of evidence obtained by any illegal
means of investigation.
703.
Recommendation (k) stated: Confessions made by persons in MVD or SNB custody
without the presence of a lawyer/legal counsel and that are not confirmed before a judge
should not be admissible as evidence against persons who made the confession. Serious
consideration should be given to video and audio taping of proceedings in MVD and SNB
interrogation rooms.
704.
Recommendation (l) stated: Legislation should be amended to allow for the
unmonitored presence of legal counsel and relatives of persons deprived of their liberty
within 24 hours. Moreover, law enforcement agencies need to receive guidelines on
informing criminal suspects of their right to defence counsel.
705.
The Government informed that the Ministry of Foreign Affairs, together with the Bar
Association of Uzbekistan, has developed and introduced regulations “On the Invitation of
Lawyers and their Participation in Preliminary Investigation” in order to ensure the protection of
rights and interests of suspects and accused, in particular at the initial stage of investigation.
Based on these regulations, every suspect or accused has the right to be represented by a defence
lawyer from the moment of deprivation of liberty, but in any case no later than 24 hours after this
event. The lawyer can meet his/her client in private. In accordance with the regulations, every
investigatory division is provided with a 24- hour legal consultation office, where lawyers are
available around the clock to represent detained persons.
706.
Recommendation (m) stated: Given the numerous reports of inadequate legal
counsel provided by State-appointed lawyers, measures should be taken to improve legal
aid service, in compliance with the United Nations Basic Principles on the Role of Lawyers.
707.
According to information received from NGOs and other sources, defence lawyers
have increasingly come under severe pressure, especially those who represent political or
religious defendants. They are declared “enemies of the State” or “extremists” in State controlled
media. One lawyer had to flee the country for fear of his and his family’s safety.
708.
The Government informed that between 2004 and 2006 lawyers received primary
training as well professional development courses in the “Centre for Continuous Education of
Lawyers”, the “Training Centre for Lawyers” and at other educational centres of the Bar
Association of Uzbekistan.
709.
Furthermore, in accordance with article 49 of the Criminal-Procedure Code, a defence
lawyer is allowed to participate in proceedings starting from the moment of arrest or when the
accusation has been formulated or the defendant has been notified that he is a criminal suspect.
In accordance with article 53 of the Criminal-Procedure Code, if an accused person or a suspect
is detained, a lawyer is allowed to meet with him/her confidentially without any limits on the
number and duration of the meetings. Articles 7 and 8 of the Law “On the work of the bar and
the social protection of bar members”, prohibit any attempts at influencing defence lawyers with
the aim of hindering the work on a concrete case or trying to force them to take a position, which
would be in contradiction with the legal interests of their clients, or any threats, insults,
defamations, violence, or attacks at their life, health or property, their professional rights on the
part of state or other organs, civil servants of citizens.
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