Human Life and Rights are Supreme Values

February 01, 2008

According to the Decree of the President Islam Karimov "On Abolition of Death Penalty in the Republic of Uzbekistan” dated 1st August 2005, the death penalty was abolished in our country effective 1st January 2008.

The new year has started with important and memorable events in the life of our people and the country. As it has been noted by the President Islam Karimov in his facilitation message on the occasion of a New Year, 23rd December Presidential Elections which were held on basis of principles of openness, publicity and impartiality, had become a school of democracy and a new stage in establishing the free democratic state and civil society in Uzbekistan, where the highest values are human interests and rights.

According to the Decree of the President of the Republic Uzbekistan, the death penalty was abolished in our country, effective 1st January 2008. This type of punishment has been replaced with life imprisonment, which can be applied ever since only to those convicted of terrorism and premeditated murder with aggravating circumstances. At the same time, life imprisonment cannot be applied to women and individuals under 18 and men over 60.

As foreign and local experts acknowledges, the criminal legislation drafting policy towards death penalty in Uzbekistan fully corresponds to the processes taking place in the world and is based on the principle of humanism set up in the country’s Constitution. The President noted that this also corresponded with the cultural values of our people, which have always considered an individual and his life as a supreme value.

It is noteworthy that the abolition of death penalty is one of the results of the gradual judicial and legal reforms in the country. Thus, it is necessary to emphasize that the Decree of the President Islam Karimov dated 1st August 2005 "On Abolition of Death Penalty in the Republic of Uzbekistan” was an important step toward securing the constitutional rights and freedoms of every individual and first of all - effective protection of right to live.

Respective ministries and agencies have consistently been developing and realizing measures needed to ensure implementation of the Degree’s objectives. The Presidential Degree “On Additional Measures to Develop Legislative and Normative Acts required to be adopted in connection with Abolition of Death Penalty in the Republic of Uzbekistan” adopted on 29th June 2006 has become an important aspect for ensuring sound implementation of activities in this area.

It is noteworthy that the consecutive explanatory work has been done among the population in order to explain the value of liberalization of criminal laws, including the abolition of death penalty. Considering the fact that from early times of the history the mankind applies a death penalty to those who committed grave crimes, it becomes clear how much it was important to take into consideration the opinion of the population regarding abolition of this type of punishment.

Respective legislature was amended, thus providing exclusion of the death penalty from the criminal sanction system and its replacement with life and long-term imprisonment. The Law “On Amendments and Additions to Several Legislative Acts of the Republic of Uzbekistan in accordance with Abolishment of Death Penalty” adopted on 29th June 2007 by the Senate of the Oliy Majlis, being a principal legislative act providing implementation of the Degree of the head of state, has determined the procedures of imposition and implementation of such types of sentences.

Exclusion of death penalty from the criminal sanction system has become actual expression of state policy in this area and was enthusiastically taken by our people as a manifestation of humaneness. International community adequately and positively assesses Uzbekistan’s confident steps in this direction.

In accordance with the Presidential Degree dated 8th August 2005 “On Transfer of the Sanction to Arrest to Courts”, effective 1st January 2008 this function has been transferred to courts thus becoming one of the practical results of gradual reforms in the country’s judicial and legal system.

It is well known that the most important purpose of further liberalization of the judicial and legal system is a widening of courts’ authorities and enhancement of a judicial review in order to protect constitutional rights and liberties of citizens at pre-trial and inquiry phase. In this context the transfer from offices of the prosecutor to courts of the sanction to arrest gains particular importance.

The process of stage-by-stage and gradual transfer to courts of the sanction to apply procedural-compulsory measures relating to limitation of constitutional human rights and liberties, of course, were also thoroughly scrutinized. At the same time the particular attention was paid to address all organizational-legal issues as well as to required preparation of the judiciary system and related law enforcement agencies and offices of the prosecutor to changes.

In one word, this innovation has once again has acknowledged that by the initiative of the head of state in all purposeful measures aimed at enhancement of independence and freedom of judicial branch of power in Uzbekistan were carried out on basis of principle of consistency. There is practically a new judiciary and legal system as well as legal basis of judicial power’s independence has been established in the country.

Every time similar historical events strikingly and earnestly confirm the highest value of the independence. Because of the independence, human life and rights are among the highest values in our country.

The main idea, principle purpose of the country’s modernization, current broad democratic reforms aimed at the society’s renovation is the principle “Reforms – for human being, for ensuring his interest!”