Prisoners rights

Legal status of prisoners

 Under the Article 8 of the Criminal Executive Code of the Republic of Uzbekistan, prisoners have rights, freedoms and obligations provided for citizens of the Republic of Uzbekistan with exceptions and limitations established by the present Code and other laws. Convicted foreign citizens and stateless persons may also have rights, freedoms and obligations established by the international treaties of the Republic of Uzbekistan.

Rights and obligations of prisoners are determined on the basis of order and conditions of execution of a particular form of punishment.

Fundamental rights of prisoners

According to the Article 9 of the Criminal Executive Code of the Republic of Uzbekistan, defined the basic rights of prisoners and they have the following rights:

receive information about the procedure and conditions for punishment, their rights and responsibilities;

apply in their native language or in another language with proposals, statements and complaints to the administration of institution or body carrying out the punishment, other state bodies and public associations;

receive answers to their proposals, applications and complaints in the language of address. If it is impossible to give an answer in the same language, it is given in the official language of the Republic of Uzbekistan. Translation into the language of address, delivery to disciplinary and imprisonment place is provided by the institution or body administering the punishment;

provide explanations and conduct correspondence, and if necessary, use services of an interpreter;

use educational, artistic and other information materials ;

receive health care, including medical care in outpatient and stationary settings, depending on the medical findings;

receive social security, including receipt of pension in accordance with the law .

Convicted foreign citizens have the right to communicate with the diplomatic missions and consular offices of their states, and citizens of countries not having diplomatic and consular offices in the Republic of Uzbekistan - with the diplomatic missions of a state, which takes charge of their interests.

Order for implementing the rights of prisoner is determined by the present Code and other legislative acts.

Right of prisoners to legal assistance

The Constitution of Uzbekistan guarantees the rights of citizens to complain to public authorities, and also appeal decisions and actions of courts leading to violation of rights.

In accordance with the Article 44 of the Constitution, “Each person is guaranteed judicial protection of his rights and freedoms, the right to appeal any unlawful actions of state bodies and officials, public associations."

The above constitutional guarantees also apply to those convicted, and they are entitled to receive qualified legal aid of lawyers.

To receive legal assistance, prisoners at their request or at the request of attorney granted meetings with lawyers.

Disclaimer of prisoner from receiving legal aid of lawyer because of a refusal of the prisoner in a meeting with a lawyer to be confirmed after a personal meeting of a lawyer with convicted person, drawn up and signed by the prisoner’s lawyer and representative of administration of penitentiary institution.

Meetings of prisoners with lawyers are not included in a number of meetings defined by the present Code, and the number and duration are not limited.

When legal aid is provided, a lawyer has the following rights:

to appeal against the actions and decisions of the administration of the institution, the prosecutor or the court;

to request from the administration of penitentiary institution an information, specifications and other documents.

Procedure for meetings of prisoner with lawyers is established by the legislation. These rules are set out in the Article 10 of the Criminal Executive Code of the Republic of Uzbekistan .

The right to personal safety

Convicted person has the right to personal security.

In event of threats to the personal security of a convicted person to arrest, sending to disciplinary or imprisonment, he may apply to any official of the institution or authority administering the punishment, with the request to ensure personal safety. The official, who was asked by prisoner, shall immediately take steps to ensure his personal safety.

Head of the institution or body carrying out the punishment, shall take the necessary measures to address threats to the personal security of a convicted person.

Ensuring freedom of conscience for prisoners

The Constitution of Uzbekistan guarantees all citizens freedom of conscience. This also applies to persons undergoing punishment in penal institutions.

Prisoners are guaranteed freedom of conscience. They have the right to practice any religion or no religion.

The persons serving punishment of arrest or imprisonment, at their request, invite officials of religious associations registered in the prescribed manner. Prisoners are allowed to perform religious rites, the use of objects of worship and religious literature.

Religious worship is voluntary and should not violate the internal rules of penal institution, as well as infringe the rights and legitimate interests of others.

Communication with the outside world

In accordance with the Criminal Executive Code of the Republic of Uzbekistan, sentenced to imprisonment provided short and long meetings.

Short meetings of up to four hours granted to prisoners with relatives or other persons.

Long meetings are given to prisoners with the right to live together with close relatives (husband, wife, parents, children, adoptive parents, adopted children, brothers, sisters, grandfather, grandmother, grandchildren) within the institution or outside prescribed in the cases provided in legal documents.

Length of a long meeting set between one to five days.

Sentenced to imprisonment are entitled to telephone conversations, which are held under the supervision of a administration of the institution and shall be paid from the personal account of a convict.

In addition, persons sentenced to imprisonment can send and receive parcels, and packages starting from the date of arrival to the penal institution.

According to legal documents, for imprisoned pregnant women and women with children established additional rights. In particular, they have right to reside outside the institution, place children in the orphanage at the penal colonies, leave the institution for placement of children and meet with them.

Convicted women may be granted long meetings with minor children for up to five days including accommodation outside the institution.

Convicted women which are positively characterized at the time of release from work on maternity leave, as well as until the child reaches the age of three, may be allowed to live outside the prison according to the order of the head of institution authorized by the prosecutor (except as provided by law).