A/HRC/44/47/Add.1
with the reopening of the cases when exceptional circumstances, such as newly discovered
evidence, arise.
C.
Lawyers
76.
The Constitution provides that an accused has the right to legal assistance during the
investigation and at all stages of legal proceedings, and that legal assistance is provided by
the Chamber of Lawyers (art. 116). The organization and functioning of the legal
profession is regulated by the Law on Lawyers22 and the Law on Guarantees of Defence
Lawyers’ Activities and Social Protection of Defence Lawyers.23
77.
The low number of lawyers in Uzbekistan is a matter of serious concern. At the time
of the Special Rapporteur’s visit, there were approximately 4,000 lawyers in the country.
The majority of lawyers reside and work in Tashkent. In other areas of the country, there is
a dramatic shortage of lawyers, which has a serious impact on access to justice.
1.
Access to a lawyer
78.
National legislation is generally in line with international standards on the right to be
assisted by a lawyer of one’s own choosing, as set out, inter alia, in article 14 of the
International Covenant on Civil and Political Rights and in the Basic Principles on the Role
of Lawyers. Nevertheless, during the mission, several interlocutors stressed that such
guarantees are not always realized in practice, and that lawyers encounter several obstacles
that prevent or limit the discharge of their professional obligations. State authorities have
also acknowledged the existence of these problems. 24
79.
First of all, it appears that many lawyers have difficulty obtaining access to clients
who have been arrested or put in detention. According to the information received, prison
staff or employees of the investigative bodies adduce formal reasons, such as the nature of
the charges, to prevent lawyers from meeting their clients. In some cases, prison authorities
put pressure on detainees to force them to waive their right to be assisted by a lawyer of
their choice. Complaints brought before the competent authorities by the lawyers
concerned, denouncing their lack of access to their clients, are not considered swiftly, or are
simply ignored without any further explanation. In extreme cases, lawyers do not manage to
meet with their clients until the end of the preliminary investigations.
80.
When they are granted access to their clients, many lawyers complain about the
absence of adequate facilities in prisons and detention centres to communicate with their
clients without interception and in full confidentiality. At times, such meetings take place in
a room that does not provide adequate guarantees of confidentiality or in the presence of
prison staff or law enforcement officials. Some lawyers – for example, those defending
persons who have been charged with terrorist offences or who are political prisoners – also
reported harassment and illegal searches prior to meetings with clients in detention
facilities, and were prevented from bringing documents, cell phones and other electronic
devices needed during the interview with their clients.
81.
Another common obstacle that lawyers encounter in the exercise of their
professional duties is the lack of access to information, files and documents in the
possession of State authorities. Allegedly, it is not uncommon for lawyers to be denied
access to the case file prior to the indictment or to be prevented from summoning or crossexamining witnesses. In cases involving State security, lawyers do not even have access to
the indictment or the final ruling. This constitutes a serious violation of the principle of
equality of arms, since defendants are de facto deprived of any effective legal assistance.
22
23
24
14
Law No. 349-I of 27 December 1996.
Law No. 721-I of 25 December 1998.
See, e.g., Presidential Decree No. UP-5441 of 12 May 2018, on measures to radically improve the
efficiency of the Chamber of Lawyers and increase the independence of defence lawyers.
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