Uzbekistan establishes special procedure for prosecuting officials with immunity

Uzbekistan has established a special procedure for handling cases involving individuals who enjoy legal inviolability or immunity, according to the Legal Information channel.

Those granted inviolability include members of the Legislative Chamber and Senate of the Oliy Majlis, the Human Rights Commissioner (Ombudsman), the Commissioner for Children's Rights, judges, prosecutors, investigators, inquiry officers, lawyers, members of the Central Election Commission and presidential candidates.

Management employees of the Presidential Administration also enjoy inviolability for five years after leaving office in relation to actions or omissions unrelated to their official duties in the Administration.

Immunity applies to the president of Uzbekistan, officials of the Presidential Administration and their family members. For management employees of the Administration, it covers decisions and actions connected with the performance of their official duties. Members of parliament are also immune from liability in connection with their votes and expressed opinions.

Restrictions on detention

Individuals with inviolability may not be detained or taken to law enforcement agencies, except in circumstances specified by law that allow detention for up to three hours.

Prosecution procedures

Prosecuting individuals with inviolability requires the consent of the relevant parliamentary chamber, the president or another authorised body. In the case of management employees of the Presidential Administration, written presidential consent is required following a submission by the Prosecutor General.

Evidence obtained in violation of the rules on inviolability and immunity is deemed inadmissible and excluded from case materials.

Court proceedings to impose administrative liability on individuals with inviolability are governed by a new Chapter XXIII³ of the Code of Administrative Liability. Administrative penalties may not be imposed through court proceedings on individuals who enjoy immunity.

Telephone interception and monitoring correspondence involving individuals with inviolability are permitted only on the basis of a court decision or written authorisation from the Prosecutor General.

Penalties for violating inviolability

Knowingly unlawful detention, forced appearance, investigative actions against a protected person or orders to carry out such actions are punishable by restriction of liberty or imprisonment for three to five years, with possible deprivation of a specific right.

If the offence is repeated, committed by a group acting in prior agreement, involves violence or threats, includes falsification of evidence, or results in unlawful remand or criminal prosecution, the punishment is five to eight years in prison.

Damage caused by decisions, actions or omissions of officials and management employees of the Presidential Administration in the performance of their duties will be compensated from the State Budget. The right to seek reimbursement from those individuals through a recourse claim does not apply.