Constitution, Government & Legislation | Courts & Judgments | Human Rights | Legal Profession | Law Schools —————————————————————————————
Constitution, Government & Legislation
Constitutionally, the Uzbekistani Government of Uzbekistan provides for separation of powers, freedom of speech, and representative government. In reality, the executive holds almost all power. The judiciary lacks independence and the legislature, which meets only a few days each year, has little power to shape laws. The president selects and replaces provincial governors. Several political parties have been formed with government approval but have yet to show interest in advocating alternatives to government policy. Source: U.S. Department of State ———————————————————————Courts & Judgments
Courts of general jurisdiction in Uzbekistan are divided into three tiers: district courts, regional courts, and the Supreme Court. In addition a Constitutional Court is charged with reviewing laws, decrees, and judicial decisions to ensure their compliance with the Constitution. Military courts handle all civil and criminal matters that occur within the military. There is a system of economic courts at the regional level that handles economic cases between legal entities. Decisions of district and regional courts of general jurisdiction may be appealed to the next level within 10 days of ruling. The Government reduced the list of crimes punishable by death to murder, espionage, and treason, eliminating the economic crimes that were punishable by death in the former criminal code. Officially most court cases are open to the public but may be closed in exceptional cases, such as those involving state secrets, rape, or young defendants. International trial monitors or foreign diplomats only rarely are permitted to observe court proceedings. Under the Constitution, the President appoints all judges for 5-year terms. Power to remove judges rests with the President; removal of Supreme Court judges must also be confirmed by Parliament. Judges may be removed for crimes or failure to fulfill their obligations. Trials generally are by a panel of three judges: one professional judge and two lay assessors who serve 5-year terms and are selected by either workers' collectives' committees or neighborhood (mahalla) committees. The judge presides and directs the proceedings; however, in practice, judges often defer to the Government and its prosecutors on legal and other matters. Source: U.S. Department of State ———————————————————————Human Rights
The Uzbekistani Government's human rights record remained very poor in 2001, and it continued to commit numerous serious abuses. Citizens cannot exercise the right to change their government peacefully; the Government does not permit the existence of opposition parties. Security force mistreatment resulted in the deaths of several citizens in custody. Police and NSS forces tortured, beat, and harassed persons. Prison conditions were poor, and pretrial detention can be prolonged. The security forces arbitrarily arrested and detained persons, on false charges, particularly Muslims suspected of extremist sympathies, frequently planting narcotics, weapons, or banned literature on them. Human rights groups estimated that the number of persons in detention for political or religious reasons and for terrorism, primarily attendees of unofficial mosques and members of Islamist political groups, but also members of the secular opposition and human rights activists, was approximately 7,500. During the year, the Government implemented an agreement allowing the International Committee of the Red Cross (ICRC) access to convicted prisoners; however, the ICRC suspended its prison visits after it was not able to get the Government to agree to pretrial detention visits. The judiciary does not ensure due process and often defers to the wishes of the executive branch. Parliament passed several laws on judicial reform. Police and NSS forces infringed on citizens' privacy, including the use of illegal searches and wiretaps. Those responsible for documented abuses rarely are punished. The Government severely restricts freedom of speech and the press, and an atmosphere of repression stifles public criticism of the Government. Although the Constitution expressly prohibits it, censorship is practiced widely. The Government limits freedom of assembly and association. The Government continued to ban unauthorized public meetings and demonstrations and police forcibly disrupted some protests during the year. The Government continued to deny registration to opposition political parties as well as to other groups that might be critical of the Government; unregistered opposition parties and movements may not operate freely or publish their views. The Government restricted freedom of religion. The Government harassed and arrested hundreds of non-official Islamic leaders and believers, citing the threat of extremism. The Government tolerates the existence of minority religions but places limits on their religious activities. Following fighting with the Islamic Movement of Uzbekistan (IMU) in 2000, the Government forcibly resettled five villages and the villagers were not permitted to return home during the year. The resettlement of other villages reportedly continued during the year. The Government restricted local nongovernmental organizations (NGO's) working on human rights and refused to register the two main human rights organizations. Security forces abused human rights activists. The Office of the Human Rights Ombudsman reported that it assisted hundreds of citizens in redressing human rights abuses, the majority of which involve allegedly unjust court decisions and claims of abuse of power by police; however, most of the successfully resolved cases were relatively minor. Violence against women, including domestic violence, was a problem, and there continued to be significant traditional, societal discrimination against women. Workplace discrimination against some minorities persisted. There are some limits on worker rights. Some children, particularly in rural areas, are forced to work during the harvest season. Trafficking in women and girls to other countries for the purpose of prostitution was a problem. Source: U.S. Department of State ———————————————————————Legal Profession
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