Law on the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman) (1997)

UZBEKISTAN

Law of the Republic of Uzbekistan on the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman)

Article 1

The Authorized Person (AP) is the official with the authorities to conduct parliamentary control over the effectiveness of observance of human rights laws in the Republic of Uzbekistan by agencies, self-governance bodies, enterprises, organizations, NGOs and officials.

Institution of the AP supplements the existing forms of protection of human rights and freedoms. The AP shall promote the improvement of the legislation of the Republic of Uzbekistan on human rights and putting it in accordance with the norms of international law as well as promote international cooperation in human rights protection and facilitate public comprehension and awareness in the area of human rights.

 

Article 2

 

In his activities the AP is guided by the Constitution of the Republic Uzbekistan, laws, other legislative ordinances, international treaties of the Republic of Uzbekistan and generally accepted principles and norms of international law.

The AP in implementing his duties is independent from other state agencies and officials, and reports to the Oliy Majlis.

 

Article 3

 

The AP is elected by the Oliy Majlis from among the deputies of the Oliy Majlis for the specified term of the Oliy Majlis. At the end of the Oliy Majlis terms the Person continues to serve as the AP until a new Person is appointed.

The AP shall have his Assistant to be elected by the Oliy Majlis. The rights and guarantees provided for the AP apply to the Assistant.

 

Article 4

 

Main principles for the AP's activities are the superiority of law, justice, democracy, humanism, openness, accessibility for everyone.

 

Article 5

 

The AP, being the Parliamentary Deputy, has the right to legislative initiative.

Article 6

 

The AP annually submits reports to the Oliy Majlis on his activities and on human rights legislation. The annual reports of the AP shall be published in the official newsletters of the Oliy Majlis.

The AP participates in preparing reports of the Republic of Uzbekistan on fulfilment of international agreements on human rights and freedoms.

 

Article 7

 

The elected AP must cancel/suspend his membership or participation in a political party for the term of his activities.

The AP may not be engaged in paid activities except for teaching, scientific and creative activities.

 

Article 8

 

The AP can be dismissed ahead of time in case of:

1. Resignation.

2. Poor health confirmed by medical test data.

3. Expiry of his term as a Deputy of the Oliy Mailis.

4. Conviction against him coming into force.

 

Article 9

 

The AP considers complaints and applications of citizens of the Republic of Uzbekistan as well as foreign citizens and individuals without citizenship staying on the territory of the Republic of Uzbekistan on to actions/absence of action of state agencies, institutions and officials violating their rights and freedoms and has the right to start his own investigation.

The AP accepts applications from third parties, including NGOs, related to violation of freedoms, liberties and interests of a person or a group of persons provided that there is their consent.

The AP shall not investigate disputes falling within the purview of courts.

 

Article 10

 

The AP may consider any complaint submitted within one year after the complainant became aware of the violation or if the complainant has attempted to seek resolution and was not satisfied with the result.

 

Article 11

 

The complaint shall contain the name, surname and father's name of the complainant, his address and name, title of the state agency, institution or official, whose actions/absence of action have violated the rights and the nature of the violation. Documents and other evidence validating the claim shall be enclosed.

A complaint is not subject to state fee.

 

Article 12

 

The AP has the right:

- to consider a complaint;

- to show the complainant ways and methods how he could protect his rights;

- to forward the complaint to the state agency/institution/official who is competent to settle the issue;

- to provide the complainant with the access to documents, decisions and other materials relating to his rights and legal interests;

- to reject a complaint/application and indicate reasons;

- to take other measures, according to the legislation.

 

Article 13

 

The AP, while considering a complaint, or considering the cases of violation of rights, freedoms and legal interests on his own initiative, is entitled to:

- seek assistance from state agencies/institutions/officials in investigation of circumstances to be clarified;

- invite representatives of organizations and officials to investigate the circumstances to be clarified. The investigation may not be assigned to the agency whose actions/absence of action are in question;

- freely visit state agencies and meet with officials;

- request, examine, copy, receive from state agencies/institutions/officials information, materials;

- receive explanations from officials;

- assign the conduct of examinations and assessment of issues to be investigated to competent state agencies and specialists;

- participate in examinations jointly with state agencies/institutions/officials and on his own with respect to rights, freedoms and legal interests of citizens;

- have interviews with anyone in detention/custody;

- resort to competent bodies in order to bring to responsibility persons who have violated human rights.

Materials obtained during investigations as well as personal information about the complainant and other persons cannot be disclosed without their consent.

 

Article 14

 

Officials must provide the AP with the materials demanded concerning violations of human rights.

On issues, related to his activities, the AP may at first notice visit and be received by officials and heads of state agencies, self-governance bodies, enterprises, institutions and organizations, NGOs.

The order of visits of the AP to enterprises and organizations, whose activity is classified, as well as provision of classified information to the AP, is done according to the legislation of the Republic of Uzbekistan.

Any impediment to the AP is subject to penalties according to law.

 

Article 15

 

Upon findings of the investigation the AP must:

- make the complainant aware of the results of investigation;

- forward a conclusion with recommendations on possible and necessary steps to be taken to redress violated rights/freedoms to the state agencies/institutions/officials whose activities/absence of action are in question. The organization or official, who has received a conclusion of the AP, shall answer within a month.

 

Article 16

 

The AP's conclusion may contain recommendations as to:

- the case must be finalized by the organization/official;

- the decision of the organization/official shall be changed or cancelled;

- the decision of the organization/official shall be justified;

- an additional decision shall be made by the organization/official.

The conclusion may contain other recommendations.

 

Article 17

 

The AP may neither be brought to criminal responsibility, arrested nor be subject to an administrative case without the consent of the Oliy Majlis, and during the periods between sessions - the consent of the Kengash of the Oliy Majlis.

A criminal procedure against the AP can be started by the Prosecutor General only.

The AP may not be detained, as well as his personal effects, transport, housing and office may not be searched.

 

Article 18

 

The complainant who comes to the AP as well as persons, who are commissioned by the AP to conduct the collection and analysis of information or expert's assessment, may not be subject to persecution or other limitation of his/their rights for his/their appropriate actions.

 

Article 19

 

To assist the AP in his activities, a Commission of the Oliy Majlis on observance of constitutional rights and freedoms is set up, chaired by the AP.

The Commission is guided by Regulations approved by the Kengash of the Oliy Majlis.

The AP may assign a member of the Commission as his representative.

 

Article 20

 

To support the activities of the AP a Secretariat may be set up, with its Statute approved by the AP.

The AP has its own seal with the image of Uzbekistan's Emblem.

Material and other funding of AP's activities is carried out from the state budget.

President of the Republic of Uzbekistan
Islam Karimov

Tashkent
April 24, 1997