By law a judge must review any decision to arrest accused individuals or suspects. Judges granted arrest warrants in most cases. Defendants have the right to legal counsel from the time of arrest. State-appointed attorneys are available for those who do not hire private counsel. Officials did not always respect the right to counsel and occasionally forced defendants to sign written statements declining the right. Authorities’ selective intimidation and disbarment of defense lawyers produced a chilling effect that also compromised political detainees’ access to legal counsel. The law authorizes the use of house arrest as a form of pretrial detention.
Detainees have the right to request hearings before a judge to determine whether they remain incarcerated or may be released before trial. The arresting authority is required to notify a relative of a detainee about the detention and to question the detainee within 24 hours of arrest. There were complaints that authorities tortured suspects before notifying either family members or attorneys of their arrest to gain confessions that could be used for convictions.
Suspects have the right to remain silent and must be informed of the right to counsel. Detention without formal charges is limited to 72 hours, although a prosecutor can request an additional 48 hours, after which time the person must be charged or released. Authorities typically held suspects after the allowable period of detention, according to human rights advocates. After formal charges are filed, the prosecutor decides whether a suspect is released on bail (or on the guarantee of an individual or public organization acting as surety), stays in pretrial detention, or is kept under house arrest. The judge conducting the arrest hearing is allowed to sit on the panel of judges during the individual’s trial.
The law requires authorities at pretrial detention facilities to arrange a meeting between a detainee and a representative from the Human Rights Ombudsman’s Office upon the detainee’s request. Officials allowed detainees in prison facilities to submit confidential complaints to the Ombudsman’s Office and the Prosecutor General’s Office.
Once authorities file charges, suspects may be held in pretrial detention for up to three months while investigations proceed. The law permits an extension of the investigation period for as much as one year at the discretion of the appropriate court upon a motion by the relevant prosecutor, who may also release a prisoner on bond pending trial. According to human rights advocates, authorities frequently ignored these legal protections. Those arrested and charged with a crime may be released without bail until trial on the condition they provide assurance of “proper behavior” and that they will appear at trial.
A decree requires that all defense attorneys pass a comprehensive relicensing examination. Several experienced and knowledgeable defense lawyers who had represented human rights activists and independent journalists lost their licenses after taking the relicensing examination or because of letters from the bar association under the control of the Ministry of Justice claiming that they violated professional ethical norms. As a result several activists and defendants faced difficulties in finding legal representation. Although unlicensed advocates cannot represent individuals in criminal and civil hearings, courts have the discretion to allow such an advocate if he or she belongs to a registered organization whose members are on trial.
Arbitrary Arrest: Authorities continued to arrest or detain persons arbitrarily on charges of extremist sentiments or activities and association with banned religious groups. Local human rights activists reported that police and security service officers, acting under pressure to break up extremist cells, frequently detained and mistreated family members and close associates of suspected members of religious extremist groups. Coerced confessions and testimony in such cases were commonplace.
On January 20, seven police and security services officers detained Sharufitdin Tashpulatov in the Mirzo-Ulugbek district of Tashkent on hooliganism charges. The Mirzo-Ulugbek Criminal Court sentenced him to 15 days of incarceration, during which Tashpulatov was severely abused to confess to religious offenses. In 1999 Tashpulatov was sentenced and served nine years in prison for membership in the banned religious organization Hizb-ut-Tahrir and for attempting to overthrow constitutional order, among other charges.
In November 2015 authorities arrested human rights activist Uktam Pardaev following a search of his house. Pardaev faced criminal charges, including conspiracy to swindle and offer bribes, which carried maximum penalties of up to 10 years’ imprisonment. On January 11, Pardaev was convicted on all charges, sentenced to almost eight years in prison, and then immediately exonerated and released with the informal warning that he may not engage in human rights-related activities for three years.
There were reports that police detained persons on false charges of extortion, drug possession, tax evasion, or extremism as an intimidation tactic to prevent them or their family members from exposing corruption or interfering in local criminal activities. On April 22, in Gurlan District, Khorezm Province, Valibek Eshmanov was forcibly removed from a taxi after witnessing and commenting on a traffic police officer’s demand and acceptance of a bribe. He was beaten severely on the street and transported to the district police station on charges of obstructing justice. The Gurlan District Court convicted Eshmanov and fined him one day’s pay. Eshmanov was later exonerated in a general amnesty, but his police record prevented him from obtaining meaningful employment. Eshmanov filed repeated requests with the Office of the Ombudsman, Supreme Court, President’s Office, Prosecutor General’s Office as well as law enforcement bodies, alleging his innocence and the misconduct of police. At year’s end Eshmanov had not received a reply to his request for judicial review of his case and expunging of his criminal record.
Pretrial Detention: Prosecutors generally exercised discretion over most aspects of criminal procedures, including pretrial detention. Detainees had no access to a court to challenge the length or validity of pretrial detention. Even when authorities did not file charges, police and prosecutors frequently sought to evade restrictions on the length of time persons could be held without charges by holding them as witnesses rather than as suspects. Pretrial detention ranged from one to three months. The government did not provide information regarding the number of persons held in pretrial detention centers.
Detainees or former detainees are able to challenge the lawfulness of their detention before a court. Appeals are sometimes open to the public by request of the applicant and new evidence rarely heard. Appeal courts generally review previous trial records and ask applicants to declare for the record their innocence or guilt. Appeals rarely result in the courts overturning their original decisions.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court:
Detainees or former detainees are able to challenge the lawfulness of their detention before a court. Appeals are sometimes open to the public by request of the applicant and new evidence rarely heard. Appeal courts generally review previous trial records and ask applicants to declare for the record their innocence or guilt. Appeals rarely result in the courts overturning their original decisions.
Amnesty: Authorities give amnesty and release some individuals imprisoned for religious extremism or political grounds every year. In November 2015 Murod Juraev was released after 21 years in prison. Juraev, a former member of parliament and opposition figure, was sentenced in 1994 to 12 years, which was extended in 2003, 2006, 2009, and 2012, allegedly for violations of internal prison rules. Following his release, Juraev remained on parole for one year and reported regularly to police authorities who detained him--and at times his wife--for up to six hours without food, water, or bathroom access. No explanations were provided, but detentions occurred when members of the diplomatic corps attempted to visit him.
Released in October, Bobomurod Razzokov, a farmer and head of the Ezgulik human rights organization, was sentenced to four years in prison on accusations of facilitating the trafficking of a woman into prostitution in 2013. Razzokov’s lawyer claimed that security services pressured the woman into bringing charges against him. The 60-year-old maintained that the charges were politically motivated due to his human rights activities, and human rights organizations alleged serious due process violations.
In November, the government amnestied and released political prisoner Samandar Kukanov. Kukanov, a former member of parliament and businessman, was sentenced to 20 years in prison in July 1993. In 2013, his prison term was prolonged for three years for violating internal prison rules. His sentence was extended again in October, shortly before the government granted him amnesty.