The development of the Habeas Corpus Institute in Uzbekistan

By Rakhmonova Surayyo Makhmudovna, Professor of the Department of Criminal Law Disciplines, University of Public Security, Republic of Uzbekistan, Doctor of Law

In the newly revised Constitution of the Republic of Uzbekistan, it was noted that human rights and freedoms are recognized and guaranteed in the Republic of Uzbekistan according to the generally recognized norms of international law.

In particular, a number of progressive guarantees regarding the protection of human rights have been included in the Constitution, which are based on the idea that the priority of human rights and freedoms is recognized as the supreme goal of the legal state. Based on this approach, the norms of human rights in the updated Constitution increased more than three times.

The institution of habeas corpus is one such new guarantee. What is the new constitutional essence of this institution?

Everyone has the right to the inviolability of his private life, personal and family secrets, protection of his honor and dignity.

When talking about these inalienable rights, it is certainly worth noting the importance of the institution "Habeas Corpus Act", which is a universally recognized document at the international level, which laid the foundation for a unique new era in the way of ensuring individual freedom.

"Habeas corpus" (lat. habeas corpus) - "bringing the body to court", that is, one of the most ancient rights of a citizen who has been criminally prosecuted to a fair trial.

In the Republic of Uzbekistan, the institution of "habeas corpus" has been implemented since 2008, its scope of application has been steadily expanding over the years, and judicial control over the investigation process has been strictly strengthened.

In particular, if we approach this issue historically, it should be said that the implementation of the institution of Habeas corpus in 2008 - 2016 included a number of procedural coercive measures (precautionary measure in the form of detention; dismissal of the accused; placement of a person in a medical institution; consideration of a petition for the application of the amnesty act; house arrest precautionary measure in the form of) reflected when the authority to apply it was given to the courts.

In 2017-2021, the scope of judicial control will be further expanded, including a number of investigative and procedural actions related to the restriction of a person's constitutional rights (suspension of the validity of a passport; extension of the accused's stay in a medical institution; blocking of postal and telegraphic shipments; exhumation of a corpse; detention or house arrest extending the term) sanctioning was transferred to the jurisdiction of the courts.

Also, in 2017, the establishment of the maximum period of forty-eight hours from the moment of the person's actual arrest, that is, from the moment when the rights to free movement are actually restricted, ensured that the institution of "Habeas corpus" finds a stronger expression in our national legislation.

The establishment of judicial control over such actions related to the restriction of privacy rights in criminal proceedings is explained by the essence of the independence, objectivity and impartiality of the court in relation to the investigative bodies in the criminal proceedings and implies the strengthening of the principle of controversy in the criminal proceedings.

In the newly revised Constitution of the Republic of Uzbekistan, the institution of habeas corpus was further expanded and its direct application was strengthened.

Currently, as a logical continuation of the process of expanding the scope of the institution of the "Habeas corpus act", all investigative actions related to the restriction of private property and privacy (wiretapping, search, interception of postal and telegraphic transmissions, seizure of property) the procedure of carrying out only with the permission of the court was strengthened at the constitutional level.

According to the new constitutional norm, the restriction of these rights is allowed only in the cases and in the order established by the law, based on the decision of the court.

With this provision provided for in the Constitution, the rights of citizens to privacy of life, privacy of housing and privacy of private property are further strengthened.

As a result of these actions on restricting the right to constitutional privacy of a person with the permission of the court, unjustified violation of the privacy of property, privacy of residence and privacy of personal information of citizens during the investigation period will be prevented. Because the court has no departmental or other interest in the criminal case, it is neutral.

These guarantees regarding the rights of inviolability are also strengthened in a number of international documents. In particular, Article 12 of the Universal Declaration of Human Rights stipulates that "No one shall be arbitrarily interfered with in his personal and family life, his privacy, his correspondence, or his honor and dignity."

Article 17 of the International Covenant on Civil and Political Rights states that "no one shall be subjected to arbitrary or unlawful interference with his private or family life, to arbitrary or unlawful invasion of the privacy of his home or correspondence, or to unlawful invasion of his honor and dignity." It is recognized that "everyone has the right to be protected by law against such interference or aggression.".

Also, according to Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950, "everyone has the right to respect for his private and family life, home and correspondence."

These guarantees are enshrined in the constitutions of a number of countries (Argentina, USA, Bahrain, Belgium, Czech Republic, Estonia, Germany, Greece, Italy, Ukraine, Azerbaijan, Armenia, Georgia, Kazakhstan, Moldova).

In the Constitution of the Republic of Uzbekistan, through the logical extension of the institution of Habeas corpus, the protection of privacy, private property, and the right to housing, as well as the determination of the rule that these rights cannot be deprived without a court decision, strengthen the strictness of the guarantees of privacy of our citizens.

Also, these constitutional guarantees prevent law-enforcement bodies from illegal actions during judicial investigation processes, prevent arbitrary violations of citizens' rights to privacy, unjustified entry into a person's place of residence, violation of housing privacy, and unjustified deprivation of citizens property serves to eliminate.

Most importantly, through these constitutional updates, it will be possible to prevent errors in the investigation of personal rights at the stages of inquiry and preliminary investigation, and to increase the firm trust of our citizens in the courts.