A/HRC/44/47/Add.3
consecutive terms of chairpersons of the qualification collegiums of judges, their
deputies and members; the exclusion of the practice of nominating during the election
the chairpersons of the higher qualification collegium of judges, the chairpersons of
the qualification collegiums of courts in the field, the candidacies of the chairpersons
of these courts.
20.
With regard to paragraph 30 of the report, the Program of measures to ensure the
supremacy of the Constitution and the Rule of Law, strengthening public control, approved
by the Resolution of the President of the Republic of Uzbekistan of 13 December 2019,
provides for the development of a law aimed at strengthening responsibility for cases of
interference in the resolution of court cases, including the impact of in any form to a judge in
order to prevent a comprehensive, complete and objective examination of a case, issuance of
an unlawful judgment, decision, determination or ruling (section 4.1).
2.
Supreme Judicial Council
21.
The report notes that the lack of conformity of the provisions on the composition and
functions of the Council of the international standards, including the lack of safeguards
against outside political pressure (para. 33 of the report), as well as the absence of strict
criteria for the selection of judges (para. 34 of the report). The Special Rapporteur
recommends that the Council is protected from external political interference, that a
procedure be introduced for the selection of judges to guarantee the widest possible
representation of the judiciary at all levels (para. 36 of the report), and that the Chairperson
of the Supreme Judicial Council is elected from among its judicial members. In the light of
these recommendations, and in order to ensure that national legislation is in line with
international principles and standards, Uzbekistan plans to amend the current procedure of
the composition of the Supreme Judicial Council, excluding the possibility of joining it
representatives of law enforcement, executive and representative authorities.
22.
With regard to the Special Rapporteur's recommendation that active politicians,
representatives of the legislative or executive authorities and law enforcement officers should
not participate in the process of selecting and appointing Council members, it should be
noted that in accordance with the Law of the Republic of Uzbekistan “On the Supreme
Judicial Council of the Republic of Uzbekistan”, seven members of the Council are approved
by the President of the Republic Uzbekistan is among the representatives of civil society
institutions and highly qualified specialists in the field of law. Currently, law enforcement
officials are excluded from the Council. Only authoritative legal scholars, university
professors and representatives of the Judges' Association are represented on a voluntary basis
as members of the Council.
3.
Selection and appointment of judges
23.
The report notes that the Council does not play any role in the selection of the most
senior judges, chairpersons, vice-chairpersons and judges of the Constitutional and Supreme
Courts (para. 41 of the report). In accordance with the laws of the Republic of Uzbekistan
“On the Supreme Judicial Council of the Republic of Uzbekistan”, “On the Constitutional
Court of the Republic of Uzbekistan”, “On Courts”, the Supreme Judicial Council carries
out the selection of chairpersons, deputy chairpersons and judges of the Constitutional and
Supreme Court. In particular, the Supreme Judicial Council makes proposals to the President
of the Republic of Uzbekistan on candidates for the positions of chairman, deputy chairmen
and judges of the Supreme Court of the Republic of Uzbekistan, as well as presentations to
the President of the Republic of Uzbekistan on candidates recommended for the positions of
chairmen and deputy chairmen of the courts of the regions and the city of Tashkent, Chairman
of the Military Court of the Republic of Uzbekistan. According to Article 5 of the Law “On
the Constitutional Court of the Republic of Uzbekistan”, the Constitutional Court judges are
elected by the Senate on the proposal of the President of the Republic of Uzbekistan from
among those recommended by the Supreme Judicial Council, including a representative from
the Republic of Karakalpakstan. The President of the Republic of Uzbekistan is not a part of
the executive branch of government, because article 89 of the Constitution states that the
President is the head of state and ensures the coordinated functioning and interaction of state
bodies.
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