The president Mirziyoyev signed a law Wednesday setting a special procedure for handling cases involving people who hold inviolability or immunity.
People with inviolability include MPs, senators, the human rights commissioner (Ombuds person), the children’s rights commissioner, judges, prosecutors, investigators, inquiry officers, lawyers, Central Election Commission members and presidential candidates during their candidacy. Immunity covers the president, Presidential Administration officials and their family members, while parliament members have immunity for votes and statements.
Such people cannot be detained or taken to a law enforcement agency, except for detentions of up to three hours under Clause 1 of Article 221 of the Criminal Procedure Code, which covers those caught committing a crime or immediately afterward.
Prosecuting them requires consent from the relevant chamber, the president or another authorized body. For Presidential Administration management staff, the president must give written consent on a submission from the Prosecutor General. Evidence obtained in violation of the rules is inadmissible.
Administrative cases against people with inviolability go to court only under the new Chapter XXIII³ of the Administrative Responsibility Code, and courts cannot impose administrative penalties on those with immunity. Wiretapping and monitoring of correspondence require a court ruling or the Prosecutor General’s written permission.
Knowingly detaining, forcibly bringing in or investigating a person with inviolability, or ordering it, is punishable by three to five years of restricted freedom or imprisonment, with deprivation of certain rights. Repeat offenses, group collusion, violence or threats, falsified evidence, or arrest or prosecution carry five to eight years in prison.
Damage caused by Presidential Administration officials and management staff in the course of their duties will be compensated from the state budget, with no right of recourse against them.
Management staff of the Presidential Administration hold inviolability for five years after leaving their posts, for acts or omissions unrelated to their duties. They have immunity for decisions, actions or omissions linked to those duties.
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