A/HRC/44/47/Add.1
Annex
Report of the Special Rapporteur on the independence of
judges and lawyers on his visit to Uzbekistan
I. Introduction
1.
At the invitation of the Government, the Special Rapporteur on the independence of
judges and lawyers, Diego García-Sayán, visited Uzbekistan from 19 to 25 September
2019.
2.
During his mission, the Special Rapporteur met in Tashkent, Fergana and
Samarkand with senior officials including the President of Uzbekistan; the ministers of
foreign affairs, justice and internal affairs and their teams; the Chairs and members of the
two branches of the parliament; the Prosecutor-General; the Ombudsman; the Chairs and
various magistrates of the Constitutional Court and the Supreme Court; magistrates and
judges of lower courts and tribunals; the Chair and members of the Supreme Judicial
Council; and the director and staff of the Supreme School of Judges. He also met with a
wide range of civil society representatives, including members of the Chamber of Lawyers
(Bar Association), non-governmental organizations, defence lawyers, academics,
representatives of the donor community and members of international and regional
organizations.
3.
He wishes to reiterate his gratitude to the authorities of Uzbekistan, in particular the
National Human Rights Centre and the Supreme Court, for the invitation and for their
support in the preparation of the visit. He also wishes to thank the United Nations Resident
Coordinator and the Regional Office of the High Commissioner for Human Rights for
Central Asia for their valuable cooperation and assistance.
4.
He regrets, however, that some of the civil society representatives he met with
during the visit were subject to various forms of surveillance and questioning prior to
and/or following their meeting with him. These acts, which were allegedly carried out by
representatives of the State Security Services, constitute acts of intimidation and reprisal
against those who seek to cooperate or have cooperated with the United Nations in the field
of human rights.1 The Special Rapporteur raised his concerns with Government
representatives during and after the mission, and also brought those concerns to the
attention of other special procedures mandate holders, the Coordination Committee of
Special Procedures and the senior official designated by former Secretary-General Ban Kimoon to lead efforts within the United Nations system to address intimidation and reprisals
against those cooperating with the United Nations on human rights.
II. Legal and institutional framework
A.
International obligations
5.
An efficient, independent and impartial judicial system is essential for upholding the
rule of law and ensuring the protection of human rights and fundamental freedoms. The
independence of judges and prosecutors and the free exercise of the legal profession are
enshrined in a number of international human rights treaties to which Uzbekistan is a party,
including the International Covenant on Civil and Political Rights. The Basic Principles on
the Independence of the Judiciary contain the measures that States have to adopt in order to
secure and promote judicial independence.
6.
The independence of the judiciary is an essential requirement of the democratic
principle of separation of powers. According to this principle, the Constitution, laws and
1
Human Rights Council resolutions 12/2, 24/24 and 36/21.
3
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