A/HRC/44/47/Add.1
of their choice. The State should also envisage minimum safeguards to ensure that
lawyers are able to perform all of their professional functions freely and without any
intimidation, hindrance, harassment or improper interference. Those safeguards
should include access to adequate facilities in prisons and detention centres to
communicate with their clients without interception and in full confidentiality; and
prompt access to the information, files and documents held by State authorities that
are necessary to provide effective legal assistance to their clients. Severe penalties
should be imposed on law enforcement officials and prosecutors who prevent or limit
the right of lawyers to assist their clients.
Chamber of Lawyers
121. The Law on Lawyers should be amended to eliminate the widespread
competences attributed to the Ministry of Justice in relation to the organization and
functioning of the legal profession, which undermine the independence of the
Chamber of Lawyers and, consequently, the free and independent exercise of the legal
profession.
122. The legal profession is best placed to determine admission requirements and
procedures, and should thus be responsible, alone or in collaboration with the
Government, for administering examinations and granting professional certificates. 30
The responsibility for disciplinary proceedings against lawyers should be vested in an
impartial disciplinary committee established by the legal profession, an independent
statutory authority or a court.31
E.
Accessibility of courts and tribunals
123. Uzbekistan should adopt all appropriate measures to ensure that all individuals
within its territory and subject to its jurisdiction have access to court buildings and
court proceedings. This entails, in particular, the elimination of architectural and
language barriers that currently prevent or limit the right of persons with disabilities
to have access to justice on an equal basis with others.
124. Bearing in mind article 32 of the Convention on the Rights of Persons with
Disabilities, the Special Rapporteur calls on the donor community to continue
supporting Uzbekistan in its efforts aimed at ensuring effective access to justice for
persons with disabilities. These measures should be developed and implemented in
close cooperation with civil society organizations, including organizations of persons
with disabilities.
30
31
20
A/73/365, para. 56, and A/64/181, para. 34.
A/73/365, paras. 116–117.
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