A/HRC/44/47/Add.1
2.
Chamber of Lawyers
82.
As a result of the reform of the legal profession in 2008,25 the Chamber of Lawyers
of Uzbekistan has been placed under the control of the executive branch. The Ministry of
Justice plays a decisive role in the appointment and dismissal of the Chair of the Chamber
of Lawyers (article 12-3 of the Law on Lawyers). It participates in determining the
composition and functioning of the Higher Qualification Commission and its territorial
commissions (art. 13), takes part in the procedure for the disbarment of lawyers (art. 16)
and maintains the State register of lawyers (art. 17).
83.
The Special Rapporteur is concerned that as a result of the 2008 reform, the
independence of the Chamber of Lawyers has been undermined. 26 Bar associations play a
fundamental role in promoting and protecting the independence and the integrity of the
legal profession and in safeguarding the professional interests of lawyers. In order to fulfil
this role, bar associations should be independent from the State or other national
institutions. Situations where the State, in particular the executive branch, controls all or
part of a bar association or its governing body are incompatible with the principle of the
independence of the legal profession. 27
D.
Accessibility of courts and tribunals
84.
During his visit, the Special Rapporteur assessed the accessibility of courts and
tribunals. The mandate has observed on a number of occasions that the effective exercise of
the right of access to justice on an equal basis with others can be violated where
architectural barriers or language obstacles prevent or limit the access of certain group of
individuals, such as persons with disabilities and older persons, to court buildings or court
proceedings.28
85.
The Convention on the Rights of Persons with Disabilities 29 recognizes that persons
with disabilities have the right to have access to justice on an equal basis with others (art.
13). Such provisions should be read in conjunction with articles 5 (equality and nondiscrimination), 9 (accessibility) and 21 (freedom of expression and opinion, and access to
information). The Convention underscores the fact that access to justice for persons with
disabilities entails not only the removal of barriers to ensure access to legal proceedings on
an equal basis with others, but also the promotion of the active involvement and
participation of persons with disabilities in the administration of justice.
86.
The Special Rapporteur recognizes the efforts made by Uzbekistan in recent years to
make court buildings accessible to persons with disabilities. Some of the premises he
visited, and in particular recently refurbished buildings, have been made more accessible
through the construction of ramps, handrails and lifts. Nevertheless, even recently
refurbished buildings that he visited were not fully accessible – the toilets of the Taylak
district court in Samarkand, for instance, were not accessible to a person in a wheelchair.
According to several interlocutors, the majority of court premises remain fully inaccessible
for persons with disabilities, especially outside the main cities.
87.
In relation to the accessibility of judicial proceedings, the Special Rapporteur is
concerned by the insufficient number of sign language interpreters; the lack of documents,
including court decisions, in accessible formats for persons with sensory, intellectual or
psychosocial disabilities; and the absence of policies to empower persons with disabilities
to participate in the justice system as direct or indirect participants, such as lawyers, court
officers or law enforcement officials.
25
26
27
28
29
Law No. ZRU-497 of 11 October 2018.
See also CCPR/C/UZB/CO/4, para. 21.
A/73/365, paras. 100–101.
See, e.g., A/HRC/8/4, para. 32.
Although Uzbekistan has not yet ratified the Convention, its signature in February 2009 signals its
intention to become a party in the future, and obliges the State to not do anything inconsistent with
the Convention’s object and purpose (article 18 of the Vienna Convention on the Law of Treaties).
15
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