Ombudsman Law in Uzbekistan

Overview

• This law regulates the activities of the Commissioner for Human Rights (Ombudsman) in the Republic of Uzbekistan.
• The Legislative Chamber adopted it on September 17th, 2024 and the Senate approved it on October 23rd, 2024.

Role of the Ombudsman

• The Ombudsman is a public official exercising parliamentary control over observance of human rights and freedoms.
• This control extends to state bodies, law enforcement, regulatory authorities, enterprises, entities, institutions, and public officials.
• As a national human rights institution, the Ombudsman complements existing human rights protection measures.
• The Ombudsman facilitates improvements to human rights legislation in Uzbekistan.
• Activities include aligning legislation with international law, developing international cooperation, and enhancing legal culture.
• The Ombudsman acts independently of institutions and officials, governed solely by the law.
• They are issued a certificate signed by the Speaker of the Legislative Chamber and the Chairman of the Senate of Oliy Majlis, which is used during their term.

Legal and Ethical Framework

• The Ombudsman operates within the Constitution of Uzbekistan, relevant laws, and international treaties.
• Activities are based on lawfulness, independence, fairness, humanity, non-discrimination, impartiality, and openness.

Appointment and Term

• Candidates for Ombudsman must be at least thirty years old on election day and have resided in Uzbekistan for at least five years.
• The Legislative Chamber and the Senate of Oliy Majlis elect the Ombudsman for a five-year term.
• The President of Uzbekistan introduces the candidate to the Chambers of Oliy Majlis.
• A majority vote from the total number of deputies and senate members is required for election.
• Resolutions on the election are sent to the President of Uzbekistan.
• The Ombudsman continues duties until a successor is elected and cannot serve more than two consecutive terms.

Restrictions and Deputy Ombudsman

• The Ombudsman must suspend or terminate political party membership during their term.
• Engaging in gainful occupation is prohibited, with exceptions for scientific, creative, and pedagogical work.
• The Deputy Ombudsman is elected for a five-year term by the Legislative Chamber and the Senate of Oliy Majlis.
• The Ombudsman introduces the candidacy for Deputy Ombudsman.
• The Deputy assists the Ombudsman and performs duties in their absence, and is subject to the same guarantees.
• The Deputy Ombudsman has similar restrictions regarding political activities and gainful occupation.

Early Dismissal

• Early dismissal of the Ombudsman or Deputy Ombudsman can occur due to:
  • Resignation
  • Persistent health impairment confirmed by a medical institution
  • A guilty court verdict
  • Election or appointment to an incompatible office
  • Court-recognized legal incompetence or limited competence
  • Recognition as missing or declared dead by court decision
  • Loss of citizenship of Uzbekistan
  • Death

Objectives, Rights, and Duties

• Involvement in public policy implementation related to human rights, freedoms, and legitimate interests.
• Exercising parliamentary control over compliance with human rights legislation by institutions and officials.
• Considering appeals from individuals and legal entities regarding human rights violations.
• Examining the implementation of human rights legislation.
• Developing proposals for improving human rights and freedom.
• Taking measures to prevent torture and other inhumane treatment in various detention facilities.
• Raising awareness of international and national human rights laws.
• Assisting in enhancing legal consciousness and culture among the population through international cooperation.

Immunities and Rights

• The Ombudsman has immunity during their term and cannot be subjected to criminal liability, detention, or administrative penalties without consent from the Chambers of Oliy Majlis.
• Criminal proceedings can only be initiated by Uzbekistan's Prosecutor General.
• Forcible appearance, detention, or inspection of personal property is prohibited.

Rights of the Ombudsman

• Verifying reports on human rights violations with institutions and officials.
• Participating in meetings related to human rights issues.
• Having free access to institutions and public officials.
• Requesting and obtaining documents and information.
• Holding meetings and interviews with persons in custodial facilities.
• Submitting reports to the President, Chambers of Oliy Majlis, and Cabinet of Ministers.
• Issuing written warnings regarding violations.
• Making mandatory submissions for the elimination of violations.
• Entering motions to hold liable those violating human rights.
• Applying petitions and claims to protect infringed rights in courts.
• Engaging experts for analytical work.

Obligations

• Compliance with the Constitution, laws, and assigned duties.
• The Ombudsman must not interfere in activities of institutions and officials within their mandate.
• The Ombudsman must also comply with laws protecting classified information.
• Must inform complainants of the outcomes of their cases.

Reporting and Special Actions

• An annual report must be submitted by February 15th to Uzbekistan's Chambers of Oliy Majlis.
• The report must include efforts to prevent torture and inhumane treatment.
• The Legislative Chamber and Senate review the report.
• The Ombudsman can submit special reports to the President, Chambers of Oliy Majlis, and Cabinet of Ministers.
• The special reports are aimed at protecting human rights and redressing infringements.

Alternative Reporting and Openness

• The Ombudsman can produce alternative reports on Uzbekistan's international human rights obligations.
• This alternative report can be submitted to international organizations.
• The Ombudsman must provide information to the public and media regarding activities where appropriate.
• Relevant information must be placed on an official webpage, with activity reports and other materials published in media.
• The Ombudsman may establish a printed unit and co-found media outlets.

Guarantees

• A state of emergency or dissolution of the Legislative Chamber and Senate cannot suspend activities of the Ombudsman.

Review of Appeals

• The Ombudsman reviews petitions, submissions, and complaints according to established procedures.
• The Ombudsman considers complaints from citizens, foreign citizens, and stateless persons residing in Uzbekistan.
• Issues involve actions or omissions by institutions or officials violating rights.
• The Ombudsman is entitled to undertake investigations.
• Complaints from third parties are accepted with the consent of the person or group affected.
• Complaints can be lodged orally, in writing, or electronically.
• The Ombudsman receives individuals and legal representatives in person.

Complaint Conditions

• Issues within a court's mandate are not considered.
• The Ombudsman does not consider statements about actions of other individuals violating rights.
• Anonymous statements are not subject to consideration.
• Complaints must be lodged within one year of awareness of the violation or final decision, if other remedies were exhausted.
• Extensions may be granted for valid reasons.

Complaint Requirements

• Complaints must include the complainant's name and address.
• For legal entities, the full name and address must be provided.
• The name of the institution and official being appealed must be indicated.
• The subject matter of the decisions, actions, or omissions that infringed rights must be stated.
• Complaints can be lodged in any official language.
• Written complaints must be signed.

Additional Provisions for Complaints

• A writer can sign if the complainant cannot, indicating their information.
• Electronic complaints must comply with legal requirements.
• Legal representatives can lodge complaints for incompetent persons.
• The Ombudsman can initiate fact-checks if information on violations is available.
• Existing related decisions and documents can be attached and are not returned unless the complainant requests.

Complaint Withdrawal

• Complainants can withdraw a complaint before a decision is made.
• An application to withdraw does not prevent the Ombudsman from identifying and eradicating violations.
• Lodging a complaint with the Ombudsman is not subject to state duty.

Ombudsman's Rights When Reviewing Appeals

• Requests assistance from institutions and officials.
• Invites representatives to check circumstances.
• Obtains explanations from officials while observing exceptions by law.
• Instructs institutions and experts to draw conclusions.
• Forwards statements to competent organizations or officials.
• Dismisses statements, stating the reason.

Accessibility for Detained Persons

• Detained individuals have the right to address statements to the Ombudsman in any form.
• Statements addressed to the Ombudsman are not subject to censorship.
• Detention administrations must forward statements within 24 hours.
• The Ombudsman's response must be delivered promptly and is not subject to revision.
• The Ombudsman and representatives have free access to detention places.

Detention Facility Requirements

• Detention administrations must ensure the Ombudsman's security and provide for confidential meetings.
• Office employees may access detention facilities with a referral from the Ombudsman.

Appeals Box and Protections

• "Ombudsman's box" must be installed in penal institutions for appeals, opened monthly by the Ombudsman or office employees.
• Persons providing information to the Ombudsman are protected from prosecution or restrictions.
• Discrimination based on personal characteristics is prohibited.
• Personal data is kept confidential.

Petitions and State Duty

• The Ombudsman can apply petitions and claims to courts in the interests of citizens.
• The Ombudsman is exempt from state duty when filing these petitions.

Conclusions and Actions

• The Ombudsman may deliver a conclusion to an institution or official suggesting redress for violations.
• The conclusion may suggest completing a case, amending or revoking a decision, presenting grounds for a decision, or an additional decision.
• Institutions or officials must review the conclusion and respond within one month.

Enforcement Actions

• A warning, submission, motion, and claim serve as enforcement actions.
  • A warning is a written notice regarding infringements.
  • A submission seeks eradication of infringements.
  • A motion requests to hold liable those who violate rights.
  • A claim demands eradication of torture.

Activities for Improvement

• The Ombudsman can submit legislative proposals.
• The Ombudsman may join working groups, conduct legal reviews, and attend sessions related to legislation.
• The Ombudsman raises awareness on laws and international treaties.
• The Ombudsman develops educational programs and events.

Interaction with Other Bodies

• The Ombudsman summarizes materials quarterly and can propose hearings to committees.
• The Ombudsman takes part in parliamentary control events.
• The Ombudsman can appeal to the Constitutional Court.
• The Ombudsman attends sessions of the Supreme Court.
• The Ombudsman interacts with Children’s Ombudsman, Commissioner for the Protection of Business Entities, and the National Center for Human Rights.

Relations With Society

• The Ombudsman interacts with civil society on development programs.
• The Ombudsman creates conditions for civil society involvement.
• The Ombudsman exchanges information and hosts joint events with civil society.

International Cooperation and Monitoring

• The Ombudsman can join international human rights institutions.
• The Ombudsman promotes awareness of international treaties.

Guarantees and Regional Representation

• Interference with the Ombudsman’s activities results in liability.
• Regional representatives protect human rights and collect statements.
• Local authorities must facilitate their activities.

Regional Representative Objectives and Responsibilities

• Monitoring compliance with human rights.
• Collecting statements to redress infringed rights.
• Meeting with those in custody subject to movement restrictions.
• Informing and educating with other authorities.
• Must comply with the Constitution and laws.
• Must execute the Ombudsman’s instructions and submit reports.
• Must comply with information protection laws.

Prevention of Torture, Public Groups and Final Amendments

• The Ombudsman, Deputy, and regional representatives monitor detention facilities.
• The Ombudsman obtains information, examines conditions, meets with detainees and staff.
• Public Groups for the Prevention of Torture assist the Ombudsman, with at least 40% women.
• The Ombudsman oversees these Public Groups and final amendments ensure the implementation of the law.