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DECREE of OLIY MAJLISOF OF THE REPUBLIC OF UZBEKISTAN

on the Entering into Force of the Law of the Republic of Uzbekistan

on COMBAT OF TERRORISM

Oliy Majlis of the Republic of Uzbekistan decrees to:

  1. Enter into force the Law of the Republic of Uzbekistan ‘on Combat of Terrorism’ at the day of its publication.
  2. The Cabinet of Ministers of the Republic of Uzbekistan to bring the decisions of the government in to accordance with the Law of the Republic of Uzbekistan ‘on Combat of Terrorism’ and to ensure review and repeal by ministries, state committees and agencies their normative acts [instructions and regulations], which are contrary to this Law.

Chairman of Oliy Majlis

of the Republic of Uzbekistan

E. Halilov

Tashkent city,

14 December 2000

LAW OF THE REPUBLIC OF UZBEKISTAN

ON COMBAT OF TERRORISM

 

I. GENERAL PROVISION

Article 1

Object and Main Aims of this Law

The object of this Law is to set-forth legal framework in the combat terrorism field.

The main aims of the present Law are the following:

- provision of security to individuals, society and state from terrorism,

- protection of sovereignty and territorial integrity of the state,

- maintenance of civil peace and national accord.

Article 2

Main Notions

The present Law applies following main notions:

hostage– person, who has been captured or held by terrorists with the purpose to force national authorities, international organizations, and individuals to commit or withhold from commission of an action as the condition for releasing of this person;

terrorism– violence, threat of violence or other criminal acts, which cause danger for life and health of a person, of destruction (damage) of property and other material objects, and which are intended to force the state, an international organization, physical or juridical person to undertake or withhold of undertaking of certain actions, to bring tension in to international relations, to violate sovereignty, territorial integrity, to undermine security of the state, to provoke armed conflicts, to frighten population, to destabilize social-political situation, in order to reach political, religious, ideological and other aims, which are punishable under Criminal Code of the Republic of Uzbekistan;

terrorist– an individual, involved in terrorist activity;

terrorist group – a group of persons, who committed according to prearranged plan a terrorist action, preparation of terrorist action or attempt of its committing;

terrorist organization – stable association of two or more persons or terrorist groups with intention to conduct terrorist activity;

antiterrorist operation – package of concerted and interrelated special measures, which are assigned to suppress terrorist action and minimize its consequences, as well as to provide security to individuals and to neutralize terrorists;

zone of antiterrorist operation – certain land or water area, airspace, vehicles, buildings, constructions, installations, premises and the adjoined to them territories, within which antiterrorist operation is undertaken;

terrorist activity – activity that includes: organization, planing, preparation and accomplishment of terrorist action; incitement to terrorist action; establishment of terrorist organization,; recruitment, training and arming of terrorists; financial and material-technical support to terrorists;

terrorist action – commission of crime of terrorist character by way of: taking and keeping hostages, infringement on life of public figure, the representatives of national, ethnic, religious, and other groups of population, foreign countries and international organizations; seizure, damage, destruction of the public or civil objects; explosion, arson, deployment or threat of deployment of explosive devices, radioactive, biological, explosive, chemical and other hazardous substances; seizure, hi-jacking, damage, destruction of overland, water and air transport means; creation of panic and provocation of disorder in the area of public gathering and during public events; causing of harm or threat to life, health and property of individuals or juridical entities by way of setting up crashes, catastrophes of man-caused character, spreading of threats by various means and methods; and undertaking of other actions of terrorist character, which are determined as such by legislation of the Republic of Uzbekistan and by universally recognized norms of international law;

international terrorism – terrorism, which spreads out of the territory of one country.

Article 3

Legislation on Combat of Terrorism

Legislation on combat of terrorism consists of the present Law and other legislative acts.

In the event that national legislation on combat of terrorism conflicts with international treaty by which Uzbekistan is bound, the rules of international treaty are to be applied.

Article 4

Main Principles of Combat of Terrorism

The main principles of combat of terrorism are the following:

- legality;

- priority of rights, freedoms and lawful interests of individuals;

- priority of measures for prevention of terrorism;

- inevitability of punishment

- combination of open and secret methods of countering of terrorism

- one-man management of antiterrorist operation, all engaged forces and means.

Article 5

Prevention of Terrorist Activity

Prevention of terrorist activity is to be accomplished by way of undertaking of package of political, social-economic legal and other preventive measures by state bodies, local self-governing bodies of citizens and NGOs, as well as by enterprises, institutions, organizations.

The following is prohibited:

- propaganda of terrorism;

- establishment and functioning of terrorist groups and organizations;

- accreditation, registration and functioning of juridical entities, their branches and representations (including foreign and international organizations), which are involved in terrorist activity;

- entry into Uzbekistan of foreigners and stateless persons, who are involved in terrorist activity;

- concealment of information and facts about upcoming and completed terrorist actions.

Article 6

Assistance to State Bodies, which Combat Terrorism

Bodies of public administration, local authorities, citizens’ self-governing bodies, NGOs, enterprises, institutions and organizations, officials as well as citizens provide assistance and necessary help to state bodies, which combat terrorism.

Article 7

International Cooperation of the Republic of Uzbekistan in the Combat Terrorism Field

Cooperation of the Republic of Uzbekistan with foreign states, and their law-enforcement bodies, special agencies and international organizations in the combat terrorism field is to be fulfilled in accordance with the international treaties, which are concluded by the Republic of Uzbekistan.

II. COMPETENCE OF STATE BODIES IN

THE COMBAT TERRORISM FIELD

Article 8

State Bodies on Combat of Terrorism

The state bodies, which combat terrorism, are the following:

- National Security Service of the Republic of Uzbekistan;

- Ministry of Interior of the Republic of Uzbekistan;

- State Border Guards Committee of the Republic of Uzbekistan;

- State Customs Committee of the Republic of Uzbekistan;

- Ministry of Defense of the Republic of Uzbekistan;

- Ministry of the Republic of Uzbekistan on Emergency Situations.

Coordination of activity of state bodies, which combat terrorism, and supervision of their inter-action on prevention, finding, suppression of terrorist activity and minimization of its consequences are to be placed upon the National Security Service of the Republic of Uzbekistan.

Article 9

Competence of National Security Service of the Republic of Uzbekistan in the Combat Terrorism Field

National Security Service of the Republic of Uzbekistan is competent to:

- combat terrorism, including international, by way of prevention, finding and suppression of terrorist activity;

- collect and analyze information about activity of terrorists, terrorist groups and terrorist organizations; assess the threats they produce to national security; provide necessary informational to appropriate ministries, state committees and agencies concerned;

- provide protection of especially important and classified objects within the Republic of Uzbekistan, as well as the state offices, which are located out of the territory of Uzbekistan;

- ensure security and protection of the President of the Republic of Uzbekistan, as well as heads of foreign states, governments and heads of international organizations during their visit to the Republic of Uzbekistan;

- cooperate with appropriate bodies of foreign states and international organizations in the combat terrorism field;

- provide organization of the work of antiterrorist units on finding, neutralization and elimination of terrorist groups and organizations;

- fulfil other responsibilities as legislation prescribes.

Article 10

Competence of the Ministry of Interior of the Republic of Uzbekistan in the Combat Terrorism Field

Ministry of Interior of the Republic of Uzbekistan is competent to:

- combat terrorism by way of prevention, finding and suppression of terrorist activity and minimizing its consequences;

- provide protection and security for especially important, categorical and other objects;

- provide information to appropriate bodies of public authorities and administration about individuals, groups and organizations, involved in terrorist activity;

- fulfil other responsibilities as legislation prescribes.

Article 11

Competence of the State Border Guards Committee of the Republic of Uzbekistan in the Combat Terrorism Field

The State Border Guards Committee of the Republic of Uzbekistan is competent to:

- guard and protect the state border from terrorists’ penetration into the territory of Uzbekistan;

- undertake measures on finding and suppression of trafficking through the state boarder of weapons, ammunition, explosive, radioactive, biological, as well as chemical or other hazardous substances, items or materials, which can be used as instruments of committing of terrorist action;

- neutralize, and in the event of resistance undertake measures to suppres terrorists at the frontier and border zone;

- fulfill other responsibilities as legislation prescribes.

Article 12

Competence of the State Customs Committee of the Republic of Uzbekistan in the Field of Combat of Terrorism

The State Customs Committee of the Republic of Uzbekistan is competent to:

- undertake measures on prevention, finding and suppression of attempts of trafficking through the entry points of the State border of the Republic of Uzbekistan of drugs, psychotropic and explosive substances, explosive devices, armaments, weapons and ammunitions, nuclear, biological, chemical or other kinds of weapons of mass destruction, which can be used in terrorist actions;

- fulfill other responsibilities as legislation prescribes.

Article 13

Competence of the Ministry of Defense of the Republic of Uzbekistan in the Combat Terrorism Field

The Ministry of Defense of the Republic of Uzbekistan is competent to:

- ensure security of airspace of the Republic of Uzbekistan, protection and guarding of administrative, industrial-economic centers and regions of the country, important military and other objects from air strikes;

- guard and defend military objects, which are under its structure;

- be engaged in antiterrorist operations;

- fulfill other responsibilities as legislation prescribes.

Article 14

Competence of the Ministry of the Republic of Uzbekistan on Emergency Situations in the Combat Terrorism Field

The Ministry of the Republic of Uzbekistan on Emergency Situations is competent to:

- coordinate activities of ministries, state committees, agencies and bodies of local authorities and provide arrangements on the protection of population in emergency situations, sustainable functioning for especially important, categorical and other objects, which are located within the zone of terrorists’ activity, as well as liquidation of consequences of terrorist actions;

- fulfill other responsibilities as legislation prescribes.

III. ANTITERRORIST OPERATION

Article 15

Suppression of Terrorist Action

Necessary measures, which are according to legislation, including antiterrorist operations shall be deployed to suppress terrorist action.

Article 16

Supervision and Management of Antiterrorist Operation

Supervision and management of antiterrorist operation shall be determined individually in each situation by taking into account of scales of threat and danger of terrorist action and is laid upon the enforcement agencies concerned.

In the case of necessity headquarters on coordination shall be establish in order to coordinate efforts of enforcement agencies and units, which are engaged in neutralizing and suppression of the threats of terrorism.

Article 17

Negotiations with Terrorists

Subject to the character of terrorist action, negotiations can be undertaken with terrorists in order to save life and health of individuals, and material valuables, release hostages, as well as study possibility to suppress terrorist action without deployment of force.

The head of the appropriate antiterrorist operational unit can authorize ad-hoc person, who is entitled to conduct negotiations.

Negotiations with terrorists shall not be severed as the basis or condition for their exemption from liability for committing criminal actions.

Necessary measures to neutralize and suppress terrorist shall be undertaken, if during negotiations with terrorists the purpose of negotiations can not be achieved, because of their disagreement to cease terrorist action and imminent threat to life and health of individuals is maintained.

Article 18

Border Zone of Antiterrorist Operation

The heads of antiterrorist operation shall determine the border zone of antiterrorist operation, which is subject to the character and conditions of location area, as well as scales and degrees of public danger of the terrorist action.

Article 19

Competence of Those, Who are in Charge of Antiterrorist Operation

Within the zone of antiterrorist operation those, who are in charge of the operation, are competent to:

- undertake, if necessary, measures on: temporary restriction or prohibition of traffic of vehicles and pedestrians along the streets and roads; prevention of entry of vehicles, including diplomatic and consulate vehicles, and individuals to particular area and objects; as well as evacuation of vehicles, which do not have special entry pass;

- inspect individuals’ documents that provide prove of their identity, and in the event of absence of such documents to arrest and detain them in order to check their identity;

- arrest and deliver to appropriate bodies individuals, who committed offence or some other actions, which are intended to put obstacles to the legal orders of those, who are in charge of antiterrorist operation, as well as related to penetration or attempt of penetration into the zone of antiterrorist operation;

- enter (penetrate) to the territory and accommodation of enterprises, institutions and organizations, private and other apartments, lands and vehicles in order to suppress terrorist action or chase persons, who are suspected in committing of terrorist action, if delay may cause threat to life and health of individuals, security of society and state;

- frisk individuals, inspect, including by way of usage of technical and other means of control, their belongings, vehicles and their cargo at the entry (exit) points to the zone of antiterrorist of operation;

- use for office needs communication means, including special ones, as well as vehicles, which belong to individuals and juridical entities (except communication means and vehicles of diplomat representatives and other representative offices of foreign states, international organizations), in order to prevent terrorist action, chase and arrest those, who have committed terrorist action or are suspected in committing it, as well as to drive to the scene of action, to deliver those, who needs emergency medical help, to the hospital.

- deploy available types of armament, military equipment and special means against terrorists.

Article 20

Interrelation with Mass Media

Within the zone of antiterrorist operation the representatives of mass media shall act in interrelation with the heads of antiterrorist operations in the field.

It is not permitted to disseminate information:

- which reveal special techniques and tactics of antiterrorist operation;

- which can make antiterrorist operation difficult, as well as produce threat to life and health of individuals;

- which promote propaganda or justification of terrorism;

- about officers of sub-units and units engaged in antiterrorist operation, as well as individuals, who assist during operation.

Article 21

Cessation of Antiterrorist Operation

Antiterrorist operation is considered to be completed, when terrorist action is suppressed (ceased) and the threat to life and health of individuals within the zone of antiterrorist operation is eliminated.

IV. RECOVERY OF DAMAGES AND SOCIAL REHABILITATION OF THOSE WHO SUFFERED FROM TERRORIST ACTION

Article 22

Recovery of Damages Caused by Terrorist Action

Recovery of damages caused by terrorist action is to be done under the prescribed by legislation procedure.

Article 23

Recovery of Damages Caused by Antiterrorist Operation

Harm caused to individuals or their property and property of juridical entities by antiterrorist operation is to be compensated for under the procedure, which is prescribed by law.

Harm caused to individual in connection with his involvement in terrorist action is not to be compensated for.

Article 24

Social Rehabilitation of Those Who Suffered from Terrorist Action

Social rehabilitation of those who suffered from terrorist action, is to be provided in order to return them to normal life activity and it includes legal assistance, psychological, medical, professional rehabilitation, employment, provision of well-furnished accommodation and other assistance, which is prescribed by legislation.

The procedure of social rehabilitation of those who suffered from terrorist action is to be adopted by the Cabinet of Ministers of the Republic Uzbekistan.

 

V. LEGAL AND SOCIAL PROTECTION OF THOSE WHO ARE ENGAGED IN COMBAT OF TERRORISM

Article 25

Legal and Social Protection of Individuals Engaged in Combat of Terrorism

Individuals engaged in combat of terrorism are under protection of state.

Legal and social protection is to be provided to:

- military personnel, officers and specialists of state bodies, who are directly engaged in combat of terrorism

- individuals, who assist on full-time or part-time basis to state bodies, engaged in combat terrorism, in prevention, finding, suppression, investigation of terrorist activity and minimizing of its consequences;

- members of families of those, mentioned in 2 and 3 paragraphs of this subsection, if the necessity of their protection originates from their involvement in combat of terrorism.

Following the request, an opportunity to change the appearance, surname, first and middle names, as well as place of employment and accommodation can be provided to individuals, which are directly engaged in combat of terrorism, individuals, who assist to combat terrorism, as well as members of their families, if threat to their life and health exists. All related expenses are to be covered from budgets, which are provided for maintenance of the counter terrorism bodies.

Article 26

Recovery of Damages Caused to Life and Health of Those Engaged in Combat of Terrorism

If during antiterrorist operation, an individual, who was engaged in combat of terrorism, has died, members of his family and his dependants are to be granted according to legislation with the lump-sum benefit and pension for death of the family breadwinner.

If during antiterrorist operation, an individual, who was engaged in combat of terrorism, has been severely injured, which caused loss of labor capacity and disability, he is to be granted according to legislation with the lump-sum benefit and pension on disability.

If during antiterrorist operation, an individual, who was engaged in combat of terrorism, has suffered injury, which did not cause loss of labor capacity, he is to be granted according to law with lump sum benefit.

Article 27

Privileged Service Term Count

One day of service of military personnel and officers of state bodies, who serve in sub-units, engaged directly in combat of terrorism, counts as two days of normal service term. During the antiterrorist operation one day counts as three days of normal service term.

One office day of specialists and other individuals, who are engaged in antiterrorism operation, shall be counted as three days of normal term of office.

The procedure of the privileged service term count shall be provided by law.

VI. LIABILITY FOR INVOLVEMENT IN TERRORIST ACTIVITY AND VIOLATION OF LEGISLATION ON COMBAT OF TERRORISM

Article 28

Liability for Involvement in Terrorist Activity

Individuals involved in terrorist activity are liable under the legislation.

If an individual voluntary ceases terrorist activity, informs about it to appropriate state bodies and actively assists in prevention of aggravated consequences and accomplishment of terrorists’ aims, he/she can be relieved of liability as it is prescribed by law.

Article 29

Liability of Organization for Terrorist Activity

Organization is to be recognized as terrorist and liquidated under of the decision of the court.

Property of the organization, which was recognized as terrorist, is to be confiscated and converted in to state property at the liquidation.

If the Court of the Republic of Uzbekistan recognizes international organization (its branches, representations), which was registered abroad, as terrorist, the activity of this organization (its branches, representations) within the territory of the Republic of Uzbekistan is prohibited. It (its branches, representations) is to be liquidated, and its property (property of its branches, representations) within the territory of Uzbekistan is to be confiscated and converted into state property.

Article 30

Exemption from Liability for Infliction of Harm

Military personnel, specialists and other individuals engaged in antiterrorist operation are exempted from liability for coercive (forced) harm, which was inflicted during such operation.

Article 31

Liability for Violation of Legislation on Combat of Terrorism

Individuals, who have been found guilty of violation of legislation on combat of terrorism, are to be liable as it is prescribed by law.