LAW OF THE REPUBLIC OF UZBEKISTAN

of March 14, 2019 No. ZRU-530

About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with enhancement of mechanisms of protection of the rights of the convicts and persons who are in custody

Accepted by Legislative house on February 6, 2019

Approved by the Senate on February 28, 2019

Article 1. Bring in the Code of the Republic of Uzbekistan about the administrative responsibility approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2015-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 3, Art. 6; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 9, Art. 193, No. 12, Art. 269; 1996, Art. No. 5-6, 69, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 4-5, Art. 126, No. 9, Art. 241; 1998, No. 3, Art. 38, No. 5-6, Art. 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, Art. No. 1-2, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 1, Art. 20, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 5, Art. 67, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 5, Art. 90, No. 9, Art. 171; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312, No. 12, Art. of the Art. 413, 417, 418; 2006, No. 6, Art. 261, No. 9, Art. 498, No. 10, Art. 536, No. 12, Art. of the Art. 656, 659; 2007, No. 4, Art. of the Art. 158, 159, 164, 165, No. 9, Art. of the Art. 416, 421, No. 12, Art. of the Art. 596, 604, 607; 2008, No. 4, Art. of the Art. 181, 189, 192, No. 9, Art. of the Art. 486, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 9, Art. of the Art. 334, 335, 337, No. 10, Art. 380, No. 12, Art. of the Art. 462, 468, 470, 472, 474; 2010, No. 5, Art. of the Art. 175, 179, No. 6, Art. 231, No. 9, Art. of the Art. 335, 339, 341, No. 10, Art. 380, No. 12, Art. of the Art. 468, 473, 474; 2011, No. 1, Art. 1, No. 4, Art. of the Art. 104, 105, No. 9, Art. of the Art. 247, 252, No. 12/2, Art. 365; 2012, No. 4, Art. 108, No. 9/1, Art. 242, No. 12, Art. 336; 2013, No. 4, Art. 98, No. 10, Art. 263; 2014, No. 1, Art. 2, No. 5, Art. 130, No. 9, Art. 244, No. 12, Art. of the Art. 341, 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 1, Art. 2, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385; 2017, No. 4, Art. 137, No. 6, Art. 300, No. 9, Art. 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 4, No. 4, Art. 224, No. 7, Art. of the Art. 430, 431, №10, of the Art. of the Art. 673, 679; 2019, No. 1, Art. of the Art. 1, 3, 5), following amendments:

To add 1) with Article 1974 following of content:

"Article 1974. Hindrance of legal activities of the Representative of Oliy Majlis of the Republic of Uzbekistan for human rights (ombudsman)

Failure to carry out by officials of the obligations before the Representative of Oliy Majlis of the Republic of Uzbekistan for human rights (ombudsmany), creation of obstacles to its work, provision to it obviously false information, and is equal leaving by officials without consideration of addresses, conclusions, representations, petitions or violation without valid excuse of terms of their consideration or intentional representation on them obviously false information

attracts imposing of penalty on officials from three to seven minimum sizes of the salary";

Article 245 part one after figure "1972" to add 2) with figure "1974".

Article 2. Bring in the Law of the Republic of Uzbekistan of April 24, 1997 No. 392-1 "About the Representative of Oliy Majlis of the Republic of Uzbekistan for human rights (ombudsmena)" (in edition of the Law of the Republic of Uzbekistan of August 27, 2004 No. 669-II) (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2004, No. 9, Art. 169; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2017, No. 8, Art. 385) following changes and amendments:

1) parts the second, third and fourth Article 141 to state in the following edition:

"Administration of organizations on execution of the punishment, places of detention and special receivers (further - places of detention) telegrams immediately send to the Representative appeals of persons who are in custody in sealed type no later than twenty four hours, and. The answer of the Representative is not subject to viewing and is without delay delivered to the applicant.

By consideration of claims, and also when checking on own initiative of cases of violation of the rights, freedoms and legitimate interests of citizens the Representative has the right to freely visit places of detention. The administration of data of organizations ensures safety of the Representative.

The administration of places of detention shall provide to the Representative necessary conditions for free and confidential meeting and conversation with the persons who are in custody which are made alone in the conditions allowing employees of data of organizations to see them, but not to hear";

To add 2) with article 209 of the following content:

"Article 209. Activities of the Representative for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment

The representative takes measures for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment by regular visits of places of detention.

The representative in case of visit of places of detention:

obtains information on the number of persons who are in custody;

studies conditions of keeping of persons who are in custody and the treatment of them;

holds meetings and conversations, including confidential, with persons who are in custody and also employees of administration of places of detention. At the same time the protocol of the course of these meetings and conversations is taken, if necessary technical means are used;

gets acquainted and receives copies of the documents confirming legality of finding of person under guards;

demands from administration of places of detention of performing medical examination, rendering medical, psychological and other care to person who is in custody is present from its consent when holding these actions;

receives from management of administration of places of detention of explanation concerning providing the rights, freedoms and legitimate interests of persons who are in custody;

takes immediate measures to suppression of illegal actions (failure to act) of administration of places of detention;

constitutes the conclusion about conditions of keeping of persons who are in custody and sends it to the relevant organizations or officials;

makes in the relevant state bodies recommendations and suggestions for improvement of their activities for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment.

The representative also takes the measures for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment provided in part two of this Article in other places in which persons which are there cannot leave them voluntarily.

For assistance of activities of the Representative for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment it creates expert group. The regulations on expert group affirm the Representative.

The structure of expert group is created of number of representatives of the non-state non-profit organizations having professional and practical knowledge, as a rule, in the field of law, medicine, psychology, pedagogics and also in other areas.

The representative determines tasks of members of expert group on the prevention of tortures and other cruel, inhuman or degrading treatment or punishment, and also issues them the special directions on the right of free visit of places of detention and other places in which persons which are there cannot leave them voluntarily. The special direction is issued also to employees of the Secretariat of the Representative";

3) in Article 21:

in part one of the word "it can be created" to replace with the word "is created";

add with part two of the following content:

"In structure of the Secretariat the sector on assistance of activities of the Representative for the prevention of tortures and other cruel, inhuman or degrading treatment or punishment is formed";

second and third to consider parts respectively parts three and the fourth.

Article 3. Bring in the Penitentiary code of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of April 25, 1997 No. 409-I (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1997, No. 6, Art. 175; 2003, No. 9-10, of Art. 149; 2004, No. 1-2, of Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2007, No. 6, Art. 248, No. 9, Art. 422, No. 12, Art. 595; 2008, No. 4, Art. 187, No. 12, Art. of the Art. 636, 641; 2009, No. 4, Art. 136, No. 12, Art. 470; 2010, No. 9, Art. 334; 2012, No. 9/1, of Art. 238; 2014, No. 9, Art. 244; 2015, No. 8, Art. 310; 2017, No. 3, Art. 47, No. 10, Art. 605), following amendments and changes:

Part one of Article 9 to add 1) with paragraphs the eighth - the tenth the following content:

"be engaged in physical exercises in off-duty time in the fresh air if it weather conditions allow;

on psychological assistance given by the staff of psychological service of organization on execution of the punishment. Participation of convicts to imprisonment in the actions connected with rendering psychological assistance is performed only from their consent;

on safe working conditions, rest, leave, and also compensation according to the legislation on work";

to consider the paragraph of the eighth the paragraph the eleventh;

Part one of Article 84 to state 2) in the following edition:

"Convicts to imprisonment live depending on conditions of keeping in general premises, rooms or cameras which shall meet the sanitary and hygienic and construction standards and rules approved in accordance with the established procedure";

Article 87 to add 3) with parts three - the ninth the following content:

"Medical examination of the convict to imprisonment is performed in case of receipt in organization on execution of the punishment, periodically, but at least once in six months in term of imprisonment, and also according to addresses. Medical examination is performed on confidentiality terms.

Within fifteen days from the moment of receipt in organization on execution of the punishment with the convict to imprisonment the talk is had, he has medical examination and sanitary and hygienic actions in quarantine premises of organization for execution of the punishment.

The administration of organization on execution of the punishment shall provide immediate access to health workers to convicts to imprisonment as in case of receipt in organization on execution of the punishment, and needing the emergency medical care.

In need of rendering the emergency medical care convicts to imprisonment are located in territorial offices of the Ministry of Health of the Republic of Uzbekistan.

The convicts to imprisonment needing specialized medical care go to colonies as medical or specialized hospitals for convicts to imprisonment, and also can be placed in territorial offices of the Ministry of Health of the Republic of Uzbekistan.

In case of serious illness of the convict to imprisonment the administration of organization on execution of the punishment with the consent of the convict to imprisonment without delay reports about it it to the close relatives or other persons specified to convicts to imprisonment.

In case of serious illness additional telephone conversation, and also with the permission of the doctor - additional appointment is provided to the convict to imprisonment";

speak rapidly third - to consider the fifth respectively parts ten - the twelfth;

Article 97 to add 4) with part six of the following content:

"Educational work is carried out step by step:

preliminary studying of the receipt condemned to imprisonment at stage in organization on execution of the punishment with determination of his psychological portrait, predisposition to correction;

holding actions for change of consciousness of convicts to imprisonment, their motivation to repentance of the committed crime;

the organization of professional training of convicts to imprisonment to demanded professions and specialties, issue of the relevant document upon termination of training and the subsequent employment";

Part the second Article 105 to state 5) in the following edition:

"Convicts to imprisonment are not subject to attraction to disciplinary responsibility:

for failure to carry out of regulations of work if it was not consequence of refusal or evasion of work;

for any violation which is considered direct consequence of mental disturbance of the convict to imprisonment";

Part the fourth Article 106 to state 6) in the following edition:

"In case of application of authority punishment circumstances of making of offense, behavior and personal qualities, availability of mental disturbance at the convict to imprisonment which could affect his behavior and making of the violation or act which was the cause for acceptance of disciplinary actions and also availability of not remitted and outstanding authority punishments are considered".

Article 4. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law;

provide execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 5. This Law becomes effective from the date of its official publication.

 

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