A/HRC/44/47/Add.1
Corruption.4 These laws entrust wide powers to prosecution authorities that go far beyond
the supervisory powers mentioned in the Constitution.
III. Positive developments
16.
The declaration of independence from the Soviet Union in 1991 did not translate in
the dismantlement of the authoritarian and centralized structure that Uzbekistan had
inherited from that country. As the judiciary remained under the control of the executive
power, it was unable to fulfil its role as guardian of the rule of law and of the human rights
and fundamental freedoms of the people. The Prosecution’s Office (Prokuratura) retained
the responsibility of supervising the observance of the law by all government ministries and
institutions subordinate to them. In criminal proceedings, the role of judges was limited to
rubber-stamping the requests made by the prosecutor in the indictment. The capacity of
defence counsels to provide effective legal assistance to their clients was extremely limited,
especially in the field of criminal law.
17.
Today, this situation is gradually changing. Under the leadership of President
Mirziyoyev, Uzbekistan has developed a comprehensive agenda of reforms to modernize
State institutions and policies. The reform of the justice system, which is currently under
way, is a key component of this agenda. Its main objectives are to protect the independence
of the judiciary and to strengthen access to justice.
18.
Some of the measures that have been adopted to strengthen the independence of the
judiciary and the free exercise of the legal profession since President Mirziyoyev took
office include:
(a)
The establishment of the Supreme Judicial Council as a constitutional body
with a broad mandate to insulate the judiciary and judicial career processes from external
political pressure;
(b)
The reorganization of the court system, which includes the transfer of the
functions of the High Economic Court to the Supreme Court, the establishment of a new
administrative justice system and the transfer of a number of administrative and technical
functions relating to the court administration from the Ministry of Justice to the new
Department for Supporting Court Activities, established within the Supreme Court;
(c)
The gradual increase in the acquittal rate in criminal proceedings as an
indicator of the strengthening of the autonomy of judges vis-à-vis prosecutors;
(d)
offices;
(e)
New procedures for the selection and appointment of candidates to judicial
Measures to strengthen the security of tenure for judges;
(f)
The enactment of a number of measures, including the establishment of the
Higher Judicial School under the Supreme Judicial Council, with the aim of strengthening
the initial and continuous training of judges;
(g)
The regular publication of court decisions on the website of the Supreme
Court, and the gradual establishment of electronic procedures aimed at increasing
transparency and facilitating access to justice;
(h)
A number of key reforms in the area of anti-corruption policies, including the
adoption of a law on anti-corruption and the creation of mechanisms for the implementation
of such measures.
19.
Such measures should be regarded as initial steps towards the establishment of a
truly independent and impartial justice system. Much more needs to be done to ensure that
the judiciary is truly independent from other branches of the State, and that judges,
prosecutors and lawyers are free to carry out their professional activities without any undue
interference or pressure.
4
Law No. ZRU-419 of 3 January 2017.
5
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