INFORMATION DIGEST No. 130

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June 30, 2014

INFORMATION DIGEST No. 130

June 30, 2014

POLICY.. 2

Peace and Harmony – Bedrock of Abundance and Prosperity. 2

Society.. 3

Humanism and Human Rights as Bedrock of Reforms. 3

 

 

Press-service of MFA of the Republic of Uzbekistan


POLICY

Peace and Harmony – Bedrock of Abundance and Prosperity

As it was reported earlier, President of the Republic of Uzbekistan Islam Karimov visited the Ferghana region on June 26-27 in order to enquire into the course of socio-economic reforms, innovative and beatification works carried out in the province.

On the second day of his tour around the Ferghana region, the head of our state traveled to the fields of the Rohatoi farming enterprise in the Kuva district.

In the current year, the Ferghana farmers have grown a rich harvest of grain on 112 thousand and 500 hectares of lands. The grain harvesting season is in full swing these days. Particular energetic on this front have been farming enterprises like the Nurli Obod in Altyaryk district, Patilakhon in Buvaida district, Tukhtasin-2000 in Yazyavan district, Marvarid Gul Ifori in Uchkuprik district, Lukmonov in Tashlak district.

The President of Uzbekistan noted that the innovative and beautification works in progress in the city of Ferghana constitute a bright manifestation of wide-ranging reforms, undertaken in the country in the interests of our people, and their results. Such extensive creative endeavors boost the mood and spirit of the people and augment the confidence in the coming days.

On the initiative of President Islam Karimov, the Ferghana city center has been created. An inner ring road has been laid around the city. Decorative trees and shrubs geared to meet the local natural-climatic conditions were planted along the road. That is rather important in securing the cleanness of the environment, the safety of traffic, and it creates even greater conveniences for the population to spend their leisure time.

During a conversation with farmers and specialists of the agricultural sector, the head of our state stressed the effectiveness of farmer movement and the prospects of its further development.

“Before we attained independence, we used to import the major part of the grain essential for the needs of our people,” Islam Karimov said. “Owing to independence and the establishment of farmer movement, creation of necessary conditions and extensive opportunities for farmers, Uzbekistan achieved grain independence within a brief period of time. In the initial years our farmers used to travel abroad to exchange expertise, and now foreign specialists have been applying our practice. More than 200 scholars and specialists from abroad who took part in the international conference in Tashkent “On Vital Reserves in the Implementation of Food Program in Uzbekistan” also expressed willingness to study the achievements made in our country’s agricultural sphere, and in particular to exchange experience with Uzbek farmers. All this is delightful for us and overfills our hearts with a sense of pride.”

The workforce of the Rohatoi farming enterprise headed by Avazbek Teshaboev grow cotton and grain on 349 hectares of lands. Thanks to the opportunities created for diversified farmer enterprises, they also are well into fish breeding. A 200-ton capacity cooling storehouse has been built to store the fruits and vegetables with quality.

A rich grain yield has been grown in our country this year. This is primarily an outcome of the peace and calmness in the nation, harmony and cohesion of our people. Abundance and affluence, progress and prosperity are there where peace and harmony reign. To consistently secure these goods, we should steadily walk the way we have chosen, preserve as the apple of the eye the peace and tranquility reigning in our country, be constantly vigilant and attentive, the head of our state said.

Expounding on the prospects of the farmer movement, Islam Karimov noted that farmers ought to be a genuine decisive force of the agricultural sphere.

“The contemporary farmer, not confining himself and herself to the secrets of farming, should be also an economist, bookkeeper, breeder, manager, businessman and, if needed, a diplomat. They should be well informed about the emerging tasks required of them by the contemporary life, to take enthusiastic decisions to further improve the living standards of people, especially rural residents, to uplift the wellbeing of the population and the prosperity of the nation,” the President pointed out.

The driver of the CLAAS grain harvester combine Dilshod Khotamov told about the efficiency of these machines manufactured in our country in cooperation with German partners, and that they harvest the yield without losses and are convenient to operate.

The head of the Rohatoi farming enterprise Avazbek Teshaboev, the chief of the Shaboda-N farming enterprise in Furkat district Nurali Ghaniev, the leader of the Ferghana regional department of the Writers’ Union of Uzbekistan Enakhon Siddikova and others noted that the results of the wide-ranging reforms being spearheaded under the leadership of our country’s President have been manifest in every sphere, and that the international standing of our state has been rising, as have the living standards of our people.

(Source: Press Service of the President of the Republic of Uzbekistan)

 

 

Society

Humanism and Human Rights as Bedrock of Reforms

A two-day international conference on ‘Further Reform of the Judicial System as a Priority to Development and Democratization of Society’ has taken place in Tashkent

It was organized by the National Human Rights Center of Uzbekistan jointly with the General Prosecutor’s Office, Ministry of Internal Affairs, Ministry, of Justice and the Research Center at the Supreme Court, and partnered by Germany’s Konrad Adenauer and Friedrich Ebert Foundations, the NGO Regional Dialogue (Slovenia), OSCE Project Coordinator in Uzbekistan, and others.

The conference brought together renowned foreign researchers, experts and practitioners from among the representatives of the judiciary and the Bar of the EU, Asia and the US, as well as international organizations. The list includes Professor of the Higher School of Management and the Police of Hamburg) the lawyer Gerd Wehling (Germany), Professor of Law of the University of London, attorney Bill Bowring (the UK), Director of the Research Department of the Institute of International Law of the Chinese Academy of Social Sciences, member of the China Society for Human Rights Studies Sun Shiyan (China), Massachusetts Supreme Court Justice Robert Cordy (USA), Legal Adviser, OSCE / ODIHR Anne-Lise Chatelain (France), expert of the Venice Commission of the Council of Europe Dovydas Vitkauskas (Lithuania) and others.

The forum was also attended by deputies, of the Legislative Chamber and members of the Senate of Oliy Majlis, representatives of law enforcement and judicial authorities,” research and educational institutions, mass media.

PRIORITY TO HUMAN LEGITIMATE INTERESTS

The conference highlighted the achievements and the main directions of reformation of the judicial system in Uzbekistan, the international experience of its formation and development, the state of human rights in the justice system.

The participants of the international forum stressed that in a historically short period of time Uzbekistan managed to make considerable efforts to liberalize and humanize- its judicial system, enhance the effectiveness of law enforcement bodies and courts on protection of human rights and freedoms.

From the first days of independence Uzbekistan proclaimed the construction of a democratic state of law with the priority to the rights and legitimate interests of the individual as the major goal. The judiciary is assigned a special part in protecting the aforementioned. It is one of the branches of the state power with the primordial goal of protecting members of society from any arbitrariness of citizens, and from illegal actions of the government, its agencies and officials.

Adoption of the Constitution of an independent Uzbekistan marked the formation of an independent judiciary, aimed at ensuring concord in the society, protecting citizens’ rights and legitimate interests through administering justice.

In order to implement the provisions of the Universal Declaration of Human Rights, along with establishing organizational foundations of the judicial system, the national legislation has enshrined a constitutional principle of independence of judges, which is a necessary factor of a democratic constitutional state.

The independence of court judges is guaranteed by the fact that selection and appointment of judges is no longer under authority of executive power. This function is exercised by the Supreme Qualification Commission.

The fact of abolition of death penalty in Uzbekistan since January 2008 and its replacement with a sentence of life imprisonment (excluding women, minors and men above 60 years old) was of vital importance. According to international experts, through the implementation of these and other measures Uzbekistan has built one of the world’s liberal systems of criminal penalties.

The introduction of the ‘habeas corpus’ in 2008 was another principal step. Since its introduction, the courts have denied the investigation authorities in the application of preventive detention in hundreds of cases.

The establishment of the Research Center for Democratization and Liberalization of Judicial Legislation and Ensuring of Independence of the Judiciary under the Supreme Court was a milestone of judicial reforms. Aiming at further enhancement of the credibility and independence of the courts, prevention of interference in their activities and passing of illegal decisions, ensuring the rule of law in the administration of justice, the Center carries out a large-scale work on the analysis and synthesis of the legislative framework, the application of law in ensuring the rule of law, study and generalization of judicial practice. The Center directly monitors the activity of courts, including the study of the legal framework, statistical data, generalization of the court practice, as well as surveys among judges.

As the Bar system was reformed, it has promoted the equality of procedural rights of the prosecution and defense in criminal proceedings, established the liability for obstructing the work of lawyers, and enhanced their role in protecting the legitimate rights and interests of people. The democratic institution of Miranda Rights was introduced in legislation and law practice. All this upheld legal guarantees of independence of lawyers, As a result of consistent and gradual liberalization of the criminal law, about 75 percent of the crimes of grave and especially grave category were transferred to the category of crimes that do not pose a public danger, or just less grave. Thus, the number of prisoners has decreased more than twice over the past decade. The index of 166 prisoners per 100,000 people in Uzbekistan, ranks one of the lowest in the world.

The institution of reconciliation has been effectively operating. It implies that the criminal liability is not imposed on a perpetrator whose criminal acts do not pose a great danger to society, and who had fully compensated material and moral damages to the victims. The effectiveness of this institution; its conformity with the centuries-old traditions of the Uzbek people like charity and forgiveness, has promoted its consistent expansion. Today, the possibility of applying this institution is stipulated in 60 elements of crimes. More than 150,000 citizens have been exempt from criminal liability since the introduction of the institution of reconciliation.

As emphasized by the conference participants, Uzbekistan assigns a special part to the development and improvement of institutions of extrajudicial protection of human rights and freedoms, which are designed to significantly supplement judicial mechanisms.

Thus, the head of state initiated the institution of the post of a Commissioner for Human Rights in 1995 in order to guarantee the protection of citizens’ rights and freedoms, their observance and respect by state agencies, local authorities and officials. For 19 years of operation, the institution of the Ombudsman has managed to take a significant place in the system of state bodies that protect human rights and freedoms.

Along with the Parliamentary Ombudsman, the system of national institutions on protection of human rights and freedoms includes the National Human Rights Center, the human rights offices in the Ministry of Internal Affairs, Ministry of Justice, Prosecutor General’s Office.

Various NGOs effectively operate in this field. They play an important role in protecting the rights and freedoms of various population strata, streamlining of related national legislation and law enforcement in accordance with the norms and standards of international law.

IN LINE WITH THE CONCEPT AND CURRENT REQUIREMENTS

As part of implementation of the ‘Concept of intensifying democratic reforms and forming the civil society in the country’, initiated by President Islam Karimov, Uzbekistan has adopted dozens of regulations aimed at the secure protection of the rights, freedoms and lawful interests of individuals, liberalization of criminal law, criminal procedure and administrative law.

Under the Concept, the country is making consistent efforts to further reform its judicial system, strengthen independence and autonomy of the courts as a major part of the formation and democratization of the society, ensure the rule of law and guarantee human rights and freedoms. For instance, the supervisory functions of the prosecution over the judiciary have been completely abolished. The expansion of application the ‘habeas corpus’ institution in strengthening judicial control in criminal proceedings and streamlining of the system and mechanisms of ensuring the competition of defense and the prosecution has been legislatively secured.

The criminal procedural law abolished the authority or the court to bring a criminal case, to read out the indictments, and strengthened the judicial control over the investigation at the pre-trial stage. The right for such procedural enforcement as dismissal and placement of a person to a medical facility was transferred to the courts.

The consistent and deep reformation of the internal affairs system as a vital link to ensure law and order is underway. The state has built a new vertical and horizontal structure of internal affairs bodies, and determined the priorities of gradual formation of an effective system of public security, based on the use of modern means and methods of combating crime and maintaining law and order.

As a result of the measures taken in recent years, the number of criminal actions of high danger to citizens has significantly reduced For instance, in 2013 alone, the country demonstrated a significant reduction in murders, burglary, armed robbery, assault, disorderly conduct and offenses linked with drug trafficking.

The adoption of the law on prevention of delinquency this April was an important step as it aims at further streamlining of the legal mechanisms in this direction, enhances the effectiveness of interaction and coordination, and pursues the unification of many legal norms regulating the crime prevention.

As noted by the forum participants, this year’s law on amendments and addenda to certain articles of the Constitution is important in terms of the further democratization of state power and building a strong civil society. It has constitutionally enshrined the institution of public control over the activities of state bodies thus strengthening the role and importance of civil institutions in ensuring the role of law and better protection of rights and interests of all segments of the population.

The adoption of the law on the openness of state authorities and administration by the Parliament in April 2014 was another step in this direction.

SPECIALIST TRAINING, IMPROVEMENT OF LEGAL EDUCATION

The international conference emphasized the part assigned by Uzbekistan to training highly qualified specialists as part of ongoing judicial reforms. The country has developed a unique and continuous national system of education and training, based also on the National Program on Raising Legal Culture in the Society.

For example, in order to be able to pursue the goals the prosecutors should nave skills, experience and expertise, so the continuous advancement of their professional skills is important. Moreover, the advanced training is the official duty of prosecutors as enshrined by intraregulatory rules. The attitude to learning and professional growth is taken into account when considering the compliance of a prosecutor’s officer with his post, his stimulation and promotion.

Taking into account the particular importance of continuous training system of employees, the educational process in the prosecution bodies is permanently streamlined. For instance, a Higher Education Course was established in 2007 for retraining of the management staff, and advanced training of prosecutors

and investigators. Its curriculum is based on best international experience and international law.

Effective measures have-been taken to streamline the system of advanced training and professional competence of judges. To date, the Judicial Training Center is the educational institution that provides regular training of judges and retraining of judicial candidates. The Center has a high research and logistical capacity.

The country   pays   much   attention to raising the knowledge of law in the population, to cultivation in citizens, and especially the younger generation, the respect for the law, the need for law-abiding behavior through television, radio and   printed   periodicals.   Issues of   legal   propaganda   take   a   notable place in television and radio broadcast, newspapers and magazines.

During the conference, representatives of the Public Opinion Study Center Ijtimoiy Fikr presented the results of a survey which states that the majority of the population (91.3%) feels real positive changes in various areas of public life and society associated with the reformation of the judicial system. The respondents highly estimated the measures of law enforcement agencies on combating crimes like robbery, organized crime, human trafficking.

HIGHLY COMMENDABLE

The ongoing judicial reforms in the nation are fairly avowed in the global community, the participants noted. For example, a recent study of the international independent organization The World Justice Project ranks Uzbekistan third in the ‘Index of the Rule of Law’ by ‘order and security’.

International experts commended Uzbekistan in its efforts on ensuring order and security, including the effectiveness of the pre-trial and trial proceedings, appropriate procedural deadlines in criminal cases, universal and non-discriminatory rules of amnesty, high requirements for the staff of law enforcement bodies, effective interaction between them, openness of trials, and others.

The recognition of Uzbekistan’s efforts on promoting peace, harmony, order and security in the country by another prestigious international organization indicates the well considered policy of development, and its absolute correctness. The conference was a platform for foreign experts to report on the experience of European countries in the implementation of international standards in the field of justice, human rights protection by ensuring the neutrality of judges and equal conditions for the prosecutor and the defense in the United States, the peculiarities of the legal regulation of application of the institution of ‘habeas corpus’ in Germany, criminal and legal regulation of liability for libel and slander in the European countries, the European experience of social   partnership, and others.

The recommendations adopted upon the international conference are aimed at the implementation of a constitutional principle of the universal norms of international law in the protection of human rights and freedoms, and further democratization and liberalization of the judicial and legal system of Uzbekistan in line with the advanced international experience.

(Source: “Uzbekistan Today” newspaper)