International law and its relation to domestic law

The Constitution recognizes the priority of generally accepted standards of international law over national legislation (Preamble of the Constitution, 8 December 1992). Once ratified, international treaties become part of domestic legislation (Initial report submitted by Uzbekistan under article 40 of the ICCPR, par.35, 2 June 1999).

FREEDOM OF ASSEMBLY

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International law and its relation to domestic law

The Constitution recognizes the priority of generally accepted standards of international law over national legislation (Preamble of the Constitution, 8 December 1992). Once ratified, international treaties become part of domestic legislation (Initial report submitted by Uzbekistan under article 40 of the ICCPR, par.35, 2 June 1999).

FREEDOM OF ASSEMBLY

Legal framework

All citizens shall have the right to engage in public life by holding rallies, meetings, and demonstrations in accordance with the legislation of the Republic of Uzbekistan. The authorities shall have the right to suspend or ban such undertakings exclusively on the grounds of security (Art. 33 of the Constitution). The state shall safeguard the rights and freedoms of citizens proclaimed by the Constitution and laws (Art. 43 of the Constitution). No primary legislation on freedom of assembly has been adopted. In the absence of primary legislation, the Decree of the Presidium of the Supreme Council of the Uzbek Soviet Socialist Republic (UzSSR) "On regulations for the organization and conduct of assemblies, meetings, street processions, and demonstrations in the UzSSR" (19 August 1988. Hereinafter referred as the Decree)is still in force. * There is a resolution regulating gatherings of no fewer than 100 people for cultural, theatrical, sporting, advertising, and other entertainment events, as well as religious and professional celebrations (Resolution of the Cabinet of Ministers "On the establishment of procedures for conducting mass events", 13 January 2003). However this decree regulates only specific types of gatherings, therefore, its provisions will not be taken into account in this paper.

Types of assemblies defined and protected in domestic law

Static assemblies conducted in closed premises (Point 1 of the Decree).

Possible limitations/restrictions/conditions, including notice requirements

The authorities shall have the right to suspend or ban assemblies exclusively on the grounds of security (Art. 33 of the Constitution). Street processions and demonstrations are temporarily not permitted until the stabilization of the political situation in the country (Point 1 of the Decree).

(No information was available as to authorisation requirements)

Place, route, and time of assemblies

Assemblies may be conducted only indoors (Point 1 of the Decree).

Power to ban assemblies

The authorities shall have the right to suspend or ban assemblies exclusively on the grounds of security (Art. 33 of the Constitution). Within the established period of time, the relevant authorities shall give a written answer, with justification for the refusal, in response to any written application from citizens (Law on Appeals of Citizens, 5 May 1994).

(No further information was available on this topic)

Requirements for organizers, their rights and duties (including liability and penalties)

If the organizer of an assembly violates the procedures for organizing or holding assemblies, meetings, or demonstrations, he or she shall face an administrative penalty, as well as a fine of 50 to 75 minimum monthly wages, or detention for up to six months, or up to three years in prison (Art. 217 of the Criminal Code, 1994).

If the organizer of an assembly violates the regulations for holding religious assemblies, processions, or other cult ceremonies, he or she shall face an administrative penalty, as well as a fine of 50 to 75 minimum monthly wages, or detention for up to six months, or up to three years in prison (Art. 217 of the Criminal Code).

Anyone organizing a violent riot or a pogrom, committing arson, damaging or destroying property, resisting a representative of the authorities with violence or a threat to use a weapon or other object as a weapon, or actively participating in a riot, shall face punishment of 10 to 15 years in prison (Art. 244 of the Criminal Code).

Anyone convicted of hooliganism (intentional disregard for the rules of conduct in society) that is accompanied by battery, infliction of minor bodily injures, or destroying or causing significant damage to property shall face a fine of 50 to 100 minimum monthly wages, or correctional labour of up to three years (if committed by a group), or detention for up to six months. If anyone is convicted of committing acts of hooliganism during a public event, or if the hooliganism is accompanied by resisting a representative of the authorities, a citizen who is performing the function of maintaining public order, or others who are preventing violent behaviour, it shall be punishable by three to five years in prison (Art. 277 of the Criminal Code).

(No further information was available on this topic)

Requirements for participants; their rights and duties (including liability and penalties)

The same requirements apply to participants as to organizers.

(No further information was available on this topic)

State and police powers and responsibilities (including liability and penalties)

If a citizen or legal person suffered damages as a result of an unlawful action (or inaction) on the part of the authorities, compensation shall be paid in accordance with a court decision (Art. 15 of the Civil Code, 1997).

Abuse of power or office (intentional abuse of office by an official) that causes damage to the rights or legally protected interests of individuals shall be punishable by a fine of 150 to 300 minimum monthly wages, or deprivation of certain rights for up to five years, or correctional labor for up to three years, or imprisonment for up to three years. If the same actions result in especially significant damages, it shall be punishable by a fine of 300 to 600 minimum monthly wages or up to five years in prison and the deprivation of certain rights (Art. 205 of the Criminal Code).

If an official exceeds the power of their office (intentionally committing an act that exceeds the power provided by law) in committing an act that results in serious damage or significant harm to the rights or legitimate interests of individuals, he or she shall face punishment of a fine of at least 150 minimum monthly wages, or deprivation of certain rights for up to five years, or correctional labour for up to three years, or imprisonment for up to three years. If the same action results in especially serious damage to the interests of an organization, then the punishment shall be a fine of 300 to 600 minimum monthly wages or imprisonment for up to five years and the deprivation of certain rights (Art. 206 of the Criminal Code).

Rights of appeal

Everyone shall be entitled to legally defend his or her rights and freedoms and shall have the right to appeal any unlawful action of state bodies, officials, or public associations (Art. 44 of the Constitution). Complaints may be addressed to a court (Law "On lodging complaints about actions and decisions of the State authorities that violate rights and freedoms of citizens", 1995).

Comments

In its Final Report on the Election of Deputies to the Oliy Majlis (parliament) of the Republic of Uzbekistan (5 and 19 December 1999), the OSCE/ODIHR Limited Election Assessment Mission stated that "the freedoms of expression, association and assembly are de facto severely restricted, with a fundamentally chilling effect on the entire electoral process. Freedom of assembly is limited by a 1990 decree that permits only indoor public meetings and with the prior consent of authorities. As such, no outdoor political rallies were permitted during the election campaign. The Constitutional Court has never used its power to annul unconstitutional legislation and decrees." The ODIHR recommended that new legislation on public gatherings and rallies in line with international standards be introduced and that the 1990 decree prohibiting outdoor public meetings be repealed.

* In accordance with Article 7 of the Legal Act "On the application of legal acts", adopted by the Supreme Court (26 January 1999), Higher Economic Court (25 January 1999), Prosecutor-General’s Office  (28 January 1999), and the Ministry of Justice (25 January 1999) of the Republic of Uzbekistan, in the absence of relevant legislation of the Republic of Uzbekistan, by-laws of the former Soviet Union shall apply if they do not contradict the Constitution or laws of the Republic of Uzbekistan.

Analysis is based on the information provided by the non-governmental organizations Legal Aid Society and Legal Training Centre (Uzbekistan), which completed the ODIHR questionnaire.

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