A/HRC/44/47/Add.1 2. Chamber of Lawyers 82. As a result of the reform of the legal profession in 2008,25 the Chamber of Lawyers of Uzbekistan has been placed under the control of the executive branch. The Ministry of Justice plays a decisive role in the appointment and dismissal of the Chair of the Chamber of Lawyers (article 12-3 of the Law on Lawyers). It participates in determining the composition and functioning of the Higher Qualification Commission and its territorial commissions (art. 13), takes part in the procedure for the disbarment of lawyers (art. 16) and maintains the State register of lawyers (art. 17). 83. The Special Rapporteur is concerned that as a result of the 2008 reform, the independence of the Chamber of Lawyers has been undermined. 26 Bar associations play a fundamental role in promoting and protecting the independence and the integrity of the legal profession and in safeguarding the professional interests of lawyers. In order to fulfil this role, bar associations should be independent from the State or other national institutions. Situations where the State, in particular the executive branch, controls all or part of a bar association or its governing body are incompatible with the principle of the independence of the legal profession. 27 D. Accessibility of courts and tribunals 84. During his visit, the Special Rapporteur assessed the accessibility of courts and tribunals. The mandate has observed on a number of occasions that the effective exercise of the right of access to justice on an equal basis with others can be violated where architectural barriers or language obstacles prevent or limit the access of certain group of individuals, such as persons with disabilities and older persons, to court buildings or court proceedings.28 85. The Convention on the Rights of Persons with Disabilities 29 recognizes that persons with disabilities have the right to have access to justice on an equal basis with others (art. 13). Such provisions should be read in conjunction with articles 5 (equality and nondiscrimination), 9 (accessibility) and 21 (freedom of expression and opinion, and access to information). The Convention underscores the fact that access to justice for persons with disabilities entails not only the removal of barriers to ensure access to legal proceedings on an equal basis with others, but also the promotion of the active involvement and participation of persons with disabilities in the administration of justice. 86. The Special Rapporteur recognizes the efforts made by Uzbekistan in recent years to make court buildings accessible to persons with disabilities. Some of the premises he visited, and in particular recently refurbished buildings, have been made more accessible through the construction of ramps, handrails and lifts. Nevertheless, even recently refurbished buildings that he visited were not fully accessible – the toilets of the Taylak district court in Samarkand, for instance, were not accessible to a person in a wheelchair. According to several interlocutors, the majority of court premises remain fully inaccessible for persons with disabilities, especially outside the main cities. 87. In relation to the accessibility of judicial proceedings, the Special Rapporteur is concerned by the insufficient number of sign language interpreters; the lack of documents, including court decisions, in accessible formats for persons with sensory, intellectual or psychosocial disabilities; and the absence of policies to empower persons with disabilities to participate in the justice system as direct or indirect participants, such as lawyers, court officers or law enforcement officials. 25 26 27 28 29 Law No. ZRU-497 of 11 October 2018. See also CCPR/C/UZB/CO/4, para. 21. A/73/365, paras. 100–101. See, e.g., A/HRC/8/4, para. 32. Although Uzbekistan has not yet ratified the Convention, its signature in February 2009 signals its intention to become a party in the future, and obliges the State to not do anything inconsistent with the Convention’s object and purpose (article 18 of the Vienna Convention on the Law of Treaties). 15