E/CN.4/2004/56/Add.3
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275. The Government reported that since 2001 it has pursued a general process of judicial
reforms and liberalization of the criminal law. “The Law on Courts” in its new edition became
the basis for amending criminal procedural legislation, improving procedural court hearing
procedures, the introduction of the appellate institution, and reforming the appeal court system.
The consideration of cases under appellate procedures made it possible for timely and effective
correction of court mistakes and to re-establish justice on the basis of submissions of convicts,
victims, their lawyers or lawful representatives.
276. These and other changes in the legislation are being introduced in accordance with the
Concept on Further Deepening of Judicial Reform, adopted on 8 November 2002 by the
Oliy Majlis. This concept envisages the realization of a number of legislative norms aimed at the
improvement and effectiveness of the courts. In particular, the following issues are being
considered: the introduction of private prosecution practice and the expansion of conciliation
proceedings; task sharing of criminal prosecution, protection and court hearings; further
simplification of the examination procedure of criminal, civil and economic disputes with
strengthening simultaneously the guarantees of protection of the people’s interests. Legislative
norms envisaged in this Concept are being gradually implemented, as the implementation of
certain measures depends on the availability of the proper social, financial and organizational
prerequisites. At present the reform of the judicial system is being carried out in the following
directions: the provision of the independence and effectiveness of the judiciary; the
strengthening of cooperation between the mass media and the judiciary; and securing fair access
to the justice system.
277. In accordance with the comprehensive programme “Judicial branch - security problems”,
approved in October 2002, the establishment of an independent judicial authority empowered to
take prompt decisions on the legality of deprivation of liberty cases with powers to release a
person if a conviction is found to be unlawful is being considered; actions of law enforcement
officials could effectively be appealed at the court. Thus the right to habeas corpus may also
become a reality.
278. In compliance with the above-mentioned programme, a Concept on the Development of
the Legislation Concerning the Bar is being worked out. It will provide for the respect of the
principle of equality between the prosecution and the defence in criminal proceedings, and the
strengthening of the role and powers of the defence in court proceedings. This Concept will also
envisage the status of attorneys from foreign countries in Uzbekistan.
279. Over one and a half years, based on the principle of equality of all before the law, a
number of disciplinary punishments were imposed on 74 judges who had come to groundless
decisions while considering criminal cases. Five judges were charged with bribery for
application of the softer punishment envisaged in the law.
280. Recommendation (e) stated: The Government should ensure that all allegations of
torture and similar ill-treatment are promptly, independently and thoroughly investigated
by a body, outside the procuracy, capable of prosecuting perpetrators.
281. Recommendation (f) stated: Any public official indicted for abuse or torture should
be immediately suspended from duty pending trial.
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