A/HRC/44/47/Add.1
V. Conclusions
88.
The Special Rapporteur welcomes the ongoing reform of the judicial system, which
is aimed at strengthening the independence of the judiciary and the effective realization of
the principle of separation of powers.
89.
The creation of the Supreme Judicial Council, the transfer of administrative and
technical functions relating to the court administration from the Ministry of Justice to the
Department for Supporting Court Activities under the Supreme Court, and the
establishment of new procedures for the selection and appointment of candidates to judicial
offices demonstrate the unequivocal commitment of the State to establish a truly
independent and impartial justice system. The increase in acquittals in criminal proceedings
could also be regarded, if confirmed, as an indicator of a progressive move from a system
where the judges’ autonomy was limited to simply confirming the requests made by the
prosecutor in the indictment to a system in which judges are enabled to exercise a more
independent role.
90.
Notwithstanding these measures, the judiciary cannot be regarded at present as being
independent from other State authorities. Governmental authorities, and in particular the
President, retain important functions in relation to the organization and functioning of the
judicial system. Prosecutors continue to play a decisive role in criminal proceedings and
exert significant pressure on individual judges. The pyramidal structure of the justice
system and the extremely broad powers that court Chairs have with regard to the selection,
promotion, evaluation and discipline of judges also contribute to limiting the capacity of
individual judges to adjudicate the cases before them impartially and autonomously.
91.
Much more needs to be done to ensure that the judiciary is truly independent from
other branches of the State, in particular the executive branch, and that judges, prosecutors
and lawyers are free to carry out their professional activities without any undue interference
or pressure.
VI. Recommendations
A.
Legal and institutional framework
92.
Uzbekistan should consider including a new provision in its Constitution to
recognize that in case of a conflict between sources of law, international norms and
standards on human rights take precedence over national legislative or regulatory
standards.
B.
Judges
Strengthening judicial independence
93.
The Special Rapporteur encourages Uzbekistan to continue its ongoing reform
of the judicial system. The reform of the judiciary should be aimed at strengthening
its independence and impartiality and should be carried out in accordance with
existing norms and standards relating to the independence of the judiciary, the
separation of powers and the rule of law, as well as with the recommendations of
relevant international and regional bodies, such as the Human Rights Committee, the
Office for Democratic Institutions and Human Rights of the Organization for Security
and Cooperation in Europe, and the Anti-Corruption Network for Eastern Europe
and Central Asia of the Organization for Economic Cooperation and Development.
94.
In order to minimize political interference and strengthen judicial
independence, the organization and functioning of the judiciary should be regulated
solely by law. The law should regulate all aspects of the judicial career, including
selection and appointment of candidates to judicial offices, security of tenure,
remuneration and benefits of judges and court personnel, conditions of service,
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