A/HRC/44/47/Add.3
24.
Concerning the procedures of the selection and appointment of judges, which as noted
in paras. 42-43 of the report should be based on the objective criteria established by law,
Uzbekistan informs that article 21 of the Law “On the Supreme Judicial Council of the
Republic of Uzbekistan” lists the basic selection criteria for the first time appointed judges,
and Article 42 of the Rules of the Supreme Judicial Council, which was approved by the
resolution of the Supreme judicial Council of the Republic of Uzbekistan on 17 May 2017,
provides for the definition of these selections criteria. However, considering the
recommendations of the Special Rapporteur, Uzbekistan is planning to approve the criteria
at the level of the law, thereby undo it practices in the settlement of these issues via bylaws.
4.
Guaranteed term of office
25.
Concerning paragraph 47 of the report, Uzbekistan reports that as of January 2020, 49
judges have been appointed (elected) for an unlimited term of office, which is approximately
5% of the total number of judges. At the same time, 384 judges are appointed (elected) for a
ten-year term, which is 40% of the total number of judges.
5.
The role of the court chairpersons
26.
In his Address to Parliament (Oliy Majlis) of the Republic of Uzbekistan, President
of Uzbekistan noted the need to revise the powers of chairpersons of the courts to assess the
activities of judges and initiate disciplinary proceedings against them.
27.
In accordance with the amendments made to the Law "On Courts", adopted on 10
March 2020, a procedure for the automatic distribution of cases in courts was introduced; the
procedure is taking into account the workload and specialization of judges. This procedure
excludes the possibility of influencing the distribution of cases between judges by persons
interested in the outcome of the case. According to the Law, the procedure for the automatic
distribution of cases is approved by the Presidium of the Supreme Court of the Republic of
Uzbekistan.
6.
Disciplinary procedures
28.
With regard to paras. 56-60 of the report, Uzbekistan clarifies that the authority to
initiate disciplinary proceedings against judges is vested only in the chairperson of the
Supreme Court and the Supreme Judicial Council, as the body making the collegial
decision. Moreover, the chairpersons of regional and equivalent courts do not have the right
to initiate disciplinary proceedings.
29.
Regarding the disciplinary procedure (paragraph 60), it should be noted that the
procedure described in the report refers exclusively to the disciplinary proceedings by the
Chairperson of the Supreme Court. In cases of the initiation of disciplinary proceedings by
the Supreme Judicial Council, the qualification collegium does not have the authority to
consider the issue of bringing judges to disciplinary liability, but only determines the measure
of disciplinary sanction.
30.
At the same time, we inform that, taking into account the recommendations of
the Special Rapporteur, the issue of cancelling the powers of the Chairperson of the Supreme
Court to initiate disciplinary proceedings against judges and giving him the right to make
submissions to the Supreme Judicial Council to consider the issue of initiating disciplinary
proceedings are being considered.
31.
It is planned at the legislative level of Uzbekistan, based on international standards,
to determine the grounds and criteria for bringing a judge to disciplinary liability, to establish
a detailed procedure and procedures for disciplinary proceedings, as well as the procedure
for appealing decisions on bringing to disciplinary liability.
7.
Women in the judiciary
32.
Concerning paragraphs 62 - 64, it is reported that as of January 2020, out of the total
number of judges (1191), the number of female judges is - 149 (12, 5 %). Of the 149 female
judges, 7 - are appointed for an indefinite period, 55 - a ten-year tenure. In this case, there are
14 female judges in the Supreme Court.
7
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