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, 16

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