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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