Ensuring the true independence of the courts in Uzbekistan has become a focal point of the nation’s judicial reforms. This critical task aims to protect constitutional human rights and freedoms while bolstering the authority of the judiciary. Recognizing that an independent judiciary is fundamental to the effective protection of human rights, Uzbekistan has embarked on a series of reforms to align its judicial system with international standards and best practices.
Uzbekistan’s commitment to judicial independence is embodied in the principle of “New Uzbekistan – New Court.” This principle seeks not only to enhance the judiciary’s role in upholding the rule of law but also to expand access to justice for all citizens. Accelerating the reform of the judicial system is crucial to this endeavor, as is the introduction of advanced international standards into the field.
The importance of these reforms is underscored by Uzbekistan’s improved standings in international rankings. For instance, the Rule of Law Index for 2022, published by the World Justice Project, placed Uzbekistan 78th out of 140 countries, with a score of 0.50. Within this ranking, Uzbekistan secured the 75th position in civil justice and 65th in criminal justice. These rankings reflect the progress made but also highlight areas needing further improvement.
Constitutional and Legal Foundations
The updated Constitution of Uzbekistan enshrines the supremacy of international law. The preface to the updated Constitution explicitly acknowledges that the Constitution is based on generally recognized principles and norms of international law. Article 15 stipulates that international treaties, along with these principles and norms, are integral to Uzbekistan’s legal system. Furthermore, Article 17 affirms that Uzbekistan is a full-fledged subject of international relations and that its courts can apply international principles and norms when domestic laws are inconsistent with them.
The separation of powers is a fundamental principle in the Uzbek Constitution. Article 11 outlines the division of state power into legislative, executive, and judicial branches. The judiciary’s independence is further protected by Article 131, which prohibits the creation of emergency courts and mandates that the judicial system’s structure and procedures are determined by law.
The law “On Courts,” updated in 2021, reinforces the judiciary’s independence from other branches of government, political parties, and public associations. This law clearly states that judicial power is exercised solely by the courts, ensuring no other bodies or individuals can usurp judicial authority.
Article 2 of the law “On Courts” delineates the structure of Uzbekistan’s judicial system. This structure includes the Constitutional Court, Supreme Court, military courts, and various regional and city courts, among others. The law also allows for the specialization of judges by case type but prohibits the creation of emergency courts. This specialization aims to enhance the efficiency and expertise of the judiciary while maintaining its integrity and independence.
The primary task of the courts, as outlined in Article 4 of the law, is to protect citizens’ rights and freedoms, uphold state and public interests, and safeguard the rights of legal entities. The judiciary’s activities are directed towards ensuring the rule of law, social justice, and civil harmony, in line with international human rights standards.
Recent Reforms and Presidential Decrees
In recent years, Uzbekistan has adopted several important documents to ensure its judicial system complies with international standards. These include presidential decrees aimed at reforming the judicial and legal system, improving judicial efficiency, and enhancing public confidence in the judiciary. These decrees collectively aim to reform the judiciary comprehensively, ensuring its independence and aligning it with international best practices.
One of the significant steps towards judicial reform was the creation of the Supreme Judicial Council. This body oversees the judiciary’s functioning and ensures its independence. The Supreme Court and Higher Economic Court were merged to streamline judicial processes, and the activities of the Supreme Court were enhanced to better meet the demands of justice.
The reorganization extended to economic courts, with 71 inter-district, district (city) economic courts empowered to hear cases at the first instance. Judges now serve initial terms of five years, followed by ten years, and eventually, indefinite terms, ensuring stability and continuity in the judiciary.
To further cement judicial independence, the powers to manage financial, logistical, and technical matters were transferred from the judiciary to the Supreme Court. This shift eliminated the judiciary’s dependency on the executive branch, ensuring that courts can operate without external pressures.
Criminal Justice Reforms
Significant reforms have also been implemented in criminal justice. The institution of returning a criminal case to the court for additional investigation was abolished, ending unnecessary delays and confusion. It was firmly established that a person’s guilt must be based on evidence proven in court, thereby preventing convictions based on rumors or assumptions. To ensure fair justice, an audit authority was created to verify the legality, validity, and fairness of court decisions.
A crucial aspect of the reforms is the new system for training qualified judges and judicial staff. By enhancing the training process, the Supreme Council of Judges aims to increase public trust in judicial institutions and ensure the judiciary’s stability and integrity. This effort is integral to transforming the court system into a “Fortress of Justice.”
The introduction of plea agreements into Uzbekistan’s criminal procedural legislation is another significant reform. This measure is designed to protect human rights, freedoms, and legitimate interests in accordance with international law.
As part of the development strategy for 2022-2026, outlined in a presidential decree from January 28, 2022, Uzbekistan has adopted around 300 laws and over 4,000 presidential resolutions. These legislative measures aim to fundamentally reform all spheres of state and public life, reflecting the priorities of modernizing the nation and aligning with international standards.
Ensuring Compliance with International Standards
In his 2019 report, “The supremacy of the Constitution and laws is the most important criterion for a legal democratic state and civil society,” President Shavkat Mirziyoyev emphasized that ensuring the true independence of the courts is a top priority. He stressed that courts must be free from influence by officials and underscored the importance of holding those who interfere with judicial matters accountable.
Continued Relevance of Judicial Reforms
The ongoing efforts to harmonize national legislation with international legal standards in human rights underscore the relevance of judicial reforms. These reforms are crucial in ensuring that constitutional norms reflect modern realities and international legal standards.
Uzbekistan’s journey towards judicial independence is marked by significant legislative and structural reforms. These efforts reflect a commitment to upholding the rule of law, protecting human rights, and ensuring that the judiciary operates free from external influences. The reforms align with international standards, fostering a judicial system that can reliably safeguard citizens’ rights and contribute to the nation’s development.
Ayub Muhammadiev, Professor, Department of Civil Law Sciences, University of Public Security of Uzbekistan, Doctor of Law
