E/CN.4/2004/56/Add.3 page 45 275. 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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