Thursday, 26, December, 2024

According to the updated Constitution, in Uzbekistan, house searches, wiretapping and other devices shall be authorized by court order. Under current legislation, prosecutors also have such authority. The Constitutional Court urged for a draft amendment to this provision to be submitted to parliament as soon as possible. The Constitutional Court's decision was sent to the chambers of the parliament and the president.

On December 6, the Constitutional Court at its regular session reviewed information on the state of constitutional legality in Uzbekistan .

The Constitutional Court urged for further step up efforts to align the legislation with the Constitution, namely, to:

  • swiftly revise the relevant provision of the Criminal Procedure Code on the basis of constitutional provisions on the restriction of a person's right to confidentiality of correspondence, telephone conversations, mail, electronic and other communications, and to conduct searches of premises only by court decision,
  • fully ensure the constitutional right of a person to remain silent in criminal proceedings and in the process of cases on administrative offenses, which fact should be reflected in detail in the legislation on criminal procedure and administrative liability.

According to Article 31 of the Constitution of Uzbekistan, everyone has the right to confidentiality of their correspondence, telephone conversations and other communications. Restrictions on this right shall be authorized only in accordance with the law and by court decision. In addition, this norm itself states that searches of premises shall only be allowed "only in accordance with the law and by court decision."

At the same time, according to Article 382 of the current Criminal Procedure Code, prosecutors may authorize house searches and wiretapping and other telecommunications devices. The Constitutional Court urged for the immediate transfer of these powers to courts.

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