The Constitution is a guarantee of human rights and freedoms

December 8 – Day of the adoption of the Constitution of the Republic of Uzbekistan

Human dignity is the basis and sign of any state’s power. In New Uzbekistan, this principle is the primary criterion for ensuring the rule of law and establishing justice.

In particular, the renewed Constitution has laid a solid foundation for the formation of a democratic state, an open and fair society. This vision of a fair society, where the highest value is a person, his life, honor and dignity, rights and freedoms, instills hope and optimism. It also defined the legal basis for the sustainable development of our country’s social, political, economic, and legal spheres in the future, as well as priority areas for the development of society and the state as a whole.

The Constitution defines Uzbekistan as a sovereign, democratic, legal, social, and secular state with a republican form of government.

The sociality of the state is reflected in its attitude towards its citizens, especially those in need of protection. In Uzbekistan, conditions based on the principles of social justice are created for all citizens, especially those in need of help and people with disabilities. For this purpose, programs are adopted in the state pension system, the provision of unemployment benefits and medical care, the creation of conditions for education and social protection, and reforms are implemented aimed at ensuring the well-being of the population.

The previously existing paradigm of “state – society – individual” was replaced by the principle of “person – society – state”. The norms related to human rights have increased by 3.5 times, are reflected in more than 50 norms and embodied the provisions of the Universal Declaration of Human Rights.

The new mechanisms for protecting human rights and freedoms defined in our Basic Law, in particular effective reforms such as resolving inaccuracies in laws in favor of the people and equating the status of a lawyer with the status of an investigator and prosecutor, led to the creation of a new constitutional and legal space.

The enshrinement in the Constitution that the death penalty is strictly prohibited testifies to Uzbekistan’s commitment to humanitarian ideas. Strict adherence to international principles – the Miranda rule and Habeas Corpus – has been enshrined at the constitutional level.

According to the Miranda rule, during detention, a person is informed in plain language of his rights and the grounds for detention. The suspect, accused, or defendant is not obliged to prove his innocence and can exercise the right to remain silent at any time. The introduction of this norm was one of the great achievements of our Basic Law.

Human honor and dignity are inviolable, and the fight against any actions that contradict his rights, freedoms, and legitimate interests is one of the main tasks of all state bodies and institutions, including civil society institutions.

The Basic Law expands the powers and responsibilities of the institution of the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman).

In particular, Article 56 of the Constitution specifies that national human rights institutions shall supplement the existing forms and means of protecting human rights and freedoms, promote the development of civil society, and enhance the culture of human rights. The State shall create conditions for organizing the activities of national human rights institutions.

Article 55 of the Basic Law states that everyone shall have the right to defend his/her rights and freedoms by all means not prohibited by law. Everyone shall be entitled to legally defend his/her rights and freedoms, and shall have the right to appeal any unlawful decisions, acts and omissions of State bodies and other organizations, their officials.

It is known that citizens can contact the Ombudsman regarding the actions or inactions of organizations or officials that violate their rights, freedoms, and legitimate interests.

The Ombudsman holds citizen receptions, mobile receptions, accepts appeals by mail, the virtual reception of the President, the Internet portal www.pm.gov.uz, the website and mobile application ombudsman.uz, ​​as well as the “Ombudsman Boxes”.

Based on the appeal’s content, the issues are studied on the spot, measures are introduced, and citizens’ violated rights are restored.

Statistics on appeals sent to the Commissioner show growth dynamics. In 2022, the Ombudsman received 17,761 requests, and in 2023, this figure was 18,622. In the first nine months of 2024, 14,172 requests were received.

Based on the results of reviewing appeals, 10 citizens were reinstated in their jobs in 2021, 13 in 2022, 38 in 2023, and 50 people in the first 9 months of 2024. In 2023, the Ombudsman collected 2 billion 150 million UZS in favor of citizens and convicts (prisoners) and their relatives, while for the first 9 months of the current year, this figure was 2 billion 414 million UZS.

Appeals to the Ombudsman are regularly analyzed, and proposals and recommendations are developed aimed at a systemic solution to the population’s problems. The most effective proposals for the protection of human rights are formed in the practical work of the Ombudsman with appeals, in direct cooperation with the population, state and non-governmental organizations, judicial bodies, and the expert community. In this process, problems also arise that are awaiting their solution.

Our Basic Law has made it possible to convey the “voice of the people” to the people’s representatives through legislative proposals by reviewing, deeply analyzing, and systematizing the problematic issues raised by citizens in their appeals to the Ombudsman. That is, in Article 98 of the Constitution, the right to submit legislative proposals to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan in the order of legislative initiative is assigned to the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman).

In July this year, based on the analysis of appeals received by the Commissioner for Human Rights, in accordance with Article 378 of the Tax Code, a draft law was prepared that ensures the repayment of an educational loan received from a bank by parents who do not have a permanent source of income for the education of a child who has entered a higher education institution, other children who have a permanent job (brothers, sisters), which was submitted to the Legislative Chamber of the Oliy Majlis in the order of legislative initiative.

Another important aspect of the Constitution is that it enshrines for the first time the rights of persons deprived of their liberty. In particular, Article 28 reflects the norm that persons deprived of their liberty shall be entitled to humane treatment and respect for the honor and dignity inherent in the human person.

The National Strategy of the Republic of Uzbekistan on Human Rights and the Presidential Resolution “On additional measures to improve the system of identifying and preventing cases of torture” of June 26, 2021, define the tasks for preventing torture.

It is known that to identify and prevent cases of torture, as well as promptly consider related appeals, Public Groups for the Identification and Prevention of Torture have been created under the Ombudsman.

The Ombudsman and public groups regularly conduct monitoring visits to places of detention of persons with limited freedom of movement (43 correctional colonies and 11 pre-trial detention facilities). During these visits, issues of humane treatment, respect for human honor and dignity, and the prevention of torture are studied.

The figures show that 177 monitoring visits were made in 2021, 381 in 2022, and 603 in 2023. As a result, parliamentary and public control over the prevention of torture cases has been established.

Analytical data and information, conclusions, submissions, and applications on the shortcomings identified during monitoring visits are prepared and sent to authorized ministries and agencies. In addition, the monitoring results are reflected in the annual information provided by the Ombudsman to the chambers of the Oliy Majlis.

It should be noted that as a result of monitoring visits led by the Ombudsman to identify and eliminate cases of torture, the conditions in closed institutions and the treatment of convicts and prisoners were brought into line with international standards.

Through the “Ombudsman Boxes” installed in these penitentiary institutions, convicts and prisoners were given the opportunity to contact the Ombudsman. Their requests are communicated to the Ombudsman in a confidential manner, without any obstacles or hassle, and appropriate measures are taken to resolve the problems. It should be noted that the rights of convicts to appeal through the “Ombudsman Box” are defined in the Criminal Procedure Code.

In conclusion, the renewed Constitution pays great attention to ensuring human rights and freedoms, particularly strengthening the rights of persons deprived of liberty. This expresses the supremacy of the principles of humanity and justice in our country.

Reforms to prevent torture, establish parliamentary control, and strengthen the Ombudsman’s activities have laid a solid foundation for implementing these rights.

Let us recall the words of the Head of our state: “The renewed Constitution of the Republic of Uzbekistan will be a powerful source of strength, energy, and inspiration for us”.