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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