On Measures Taken to Protect the Rights of Persons Serving Sentences and to Improve Criminal Enforcement Legislation in Uzbekistan
I. As part of the ongoing reforms in Uzbekistan to strengthen the protection and extension of the rights of persons deprived of their liberty, the legislation has been amended and supplemented, as follows:
- the first offenders shall be granted the right to vote;
- guarantee of education and occupation for convicted persons shall be strengthened;
- the number of visits, telephone conversations, care packages, parcels, and post packages for convicts shall be increased (twice on average);
- the right to receive pensions shall be granted to convicts serving sentences in penal colonies.
For reference: Law of the Republic of Uzbekistan No. ZRU-558 dated 17.08.2019 introduced amendments and additions to the Penal Enforcement Code.
II. In order to strengthen the protection and ensure the rights of prisoners, to improve the conditions for the execution of sentences, the Concept for the Penal Enforcement Legislation Improvement for 2018-2021 was adopted on November 7, 2018.
One of the activities of the above-mentioned Concept is preparation and adoption of the new Penal Enforcement Code of the Republic of Uzbekistan.
III. There are plans to introduce in 2020 - 2024 a cubicle (ward-type) detention of convicts, which provides for compliance with the standards of living space defined by the Penal Enforcement Legislation.
At the same time, the GUIN (Central Directorate of Corrections) has developed and submitted in accordance with the established procedure, a draft Resolution of the Cabinet of Ministers of the Republic of Uzbekistan, which provides for the equipping of penitentiary institutions with interactive video surveillance systems (1,833 pieces) and providing body cameras for employees during their service (36 sets of body cameras).
IV. The ongoing reforms in the area of humanization and liberalization of criminal penalties have significantly affected the reduction and stabilization of the prison population, thus, its number has decreased by 1.5 times over the past 3 years.
For reference: To date, Uzbekistan has one of the lowest rates in the world in terms of the number of persons held in places of deprivation of liberty, in particular, 76 persons per 100 thousand of the country's population: according to this indicator, Uzbekistan ranks No. 172 among 221 countries in the world.
In particular, the small occupancy rate of penal colonies allowed reducing their number, thus,3institutions were closed- in the Republic of Karakalpakstan, in Tashkent and Kashkadarya regions, over the past
3 years.
A new modern Pre-trial Detention Center that meets international standards and has noanalogues in the countries of Central Asia was built in Tashkent region and put into operation on January 15, 2018.
V. Modern information and communication technologies are being introduced into the activities of penitentiary institutions to organize remote video meetings for convicted persons, as well as for automated accounting of disciplinary sanctions applied to convicts.
In addition, more than 120 video surveillance cameras have been installed in investigation rooms in the Pre-Trial Detention Centers of the Ministry of Internal Affairs, and 69 separaterooms for lawyers in Pre-Trial Detention Centers and closed-type colonies have been equipped.
More than 2,989 video surveillance cameras have been installed in penitentiary institutions in order to prevent illegal actions against persons in custody and convicted persons.
VI. The prison system pays special attention to the health status of the prison population.
With the participation of leading organizations in the area of health care, modern methods of prevention, diagnosis, treatment and rehabilitation of the most common diseases are being introduced into the activities of medical services of penal institutions.
1. In order to prevent the incidence of tuberculosis in the penitentiary system of the country, there are 13 laboratories for the sputum smear microscopy, a modern digital X-ray and fluorography equipment has beeninstalled, and treatment of the convicts is carried out under the “DOTC and DOTC+” Programme.
2. Under the Memorandum between the Ministry of Internal Affairs, the Ministry of Health and “INTILISH” Non-Governmental Organization, signed on August 4, 2018, persons released from penal institutions which have various diseases shall be sent to medical institutions of the territorial health authorities, thereby the course of their treatment shall not be interrupted.
VII. In order to ensure full employment of convicted persons in socially useful labor and to return full-fledged law-abiding citizens to society, the industrial areas are being modernized and equipped with modern production equipment.
At present, more than 60 items of goods and products (sewn articles, building materials, goods made of porcelain and metal) are produced at 40 State Unitary Enterprises under penitentiary institutions.
VIII. Since January 1, 2019, the Probation Service has been established under the GUIN and its territorial subdivisions. The main tasks of the Service include comprehensive practical assistance in social adaptation and employment of the supervised contingent, as well as minors released from penal institutions, including by organizing measures for their professional training, as well as preventive measures aimed at eliminating the supervised contingent from committing repeated crimes.
The Probation Service Development Fund has also been established, which provides for the involvement of psychological specialist on a contractual basis.
IX. In order to get acquainted with the conditions of detention of convicted persons, to study the practice of treating them, and identify any cases of “tortures”, the Chambers of the Oliy Majlis of the Republic of Uzbekistan, the Prosecutor's Office, the National Centre for Human Rights, representatives of various diplomatic missions and international organizations accredited to Uzbekistan, self-government bodies of citizens, NGOs and the media carry out constantly monitoring of the penal institutions.
Also, the following persons visited penitentiary institutions during 2017-2019:
Ahmad Shahid, Special Rapporteur of the UN Council on Freedom of Religion or Belief, and staff of the Office of the High Commissioner for Human Rights (Zhaslyk, Republic of Karakalpakstan);
Representatives of the German Society for International Cooperation Expert Mission (female correctional colony in Tashkent region);
Steve Swerdlow, Director, “Human Rights Watch” Office in Central Asia (in Tashkent and Navoiy regions);
Representatives of the UNICEF International Fund for Children in Uzbekistan (juvenile correctional facility in Tashkent region);
D. Garcia-Sayan, Special Rapporteur of the United Nations Human Rights Council on the Independence of Judges and Lawyers (Detention Centre No. 1, Tashkent region).
The Prosecutor General's Office of the Republic of Uzbekistan
