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Sitting judges took offices of MPs at the new parliament of Uzbekistan
Contrary to Article 106 of the Constitution of Uzbekistan, which states: “The judicial authority in the Republic of Uzbekistan shall function independently from the legislative and executive branches, political parties, and public organisations” and the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan “On Amendments and additions to some resolutions of the Plenum of the Supreme Court and the Plenum of the Supreme Economic Court of the Republic of Uzbekistan” dated 3 October 2014.
1. Doniyor Hasanovic Abdukadirov, born in 1981 He serves as a judge of the Tashkent City Commercial Court. He is elected as a deputy representing Zangiota constituency N° 81. He was nominated by Movement of Entrepreneurs and Businessmen - Liberal Democratic Party of Uzbekistan, a non-partisan (N°2 in the list).
2. Davron Rakhimovich Aripov, born in 1974. He serves as a judge of the Tashkent Regional Criminal Court. He is elected as a deputy representing Bekabad constituency N° 78. The “Milliy Tiklanish” (National Revival) Democratic Party of Uzbekistan nominated him, a non-partisan (N° 10 in the list).
3. Shukhrat Tagaymuratovich Polvanov, born in 1977. He serves as a judge of the Supreme Economic Court of the Republic of Uzbekistan. He is elected as a deputy representing Samarkand constituency N° 60. The “Adolat” (Justice) Social Democratic Party of Uzbekistan nominated him, a non-partisan (N° 65 in the list).
4. Bibisanem Tadzhivaevna Temirkhanova, born in 1964. She serves as a judge of the Supreme Economic Court of the Republic of Uzbekistan. She is elected as a deputy representing Turtkul constituency N° 2. She was nominated by Movement of Entrepreneurs and Businessmen - Liberal Democratic Party of Uzbekistan, a member of the UzLibDemP, a non-partisan (N°82 in the list).
5. Zakir Sabirdzhanovich Umarov, born in 1980. He serves as a judge of the Tashkent City Commercial Court. He is elected as a deputy representing Darkhan constituency ?125. He was nominated by Movement of Entrepreneurs and Businessmen - Liberal Democratic Party of Uzbekistan, a non-partisan (N°99 in the list).
6. Alisher Shonazarovich Khamraev, born in 1968. He serves as a Deputy Chair of the Kashkadarya Regional Commercial Court. He is elected as a deputy representing Samarkand Region, Taylyak constituency N°61. The “Milliy Tiklanish” (National Revival) Democratic Party nominated him, a non-partisan (N°112 in the list).
7. Utkir Shomurodovich Kholov, born in 1970. He serves as a judge of the Supreme Court of the Republic of Uzbekistan. He is elected as a deputy representing Shakhrud constituency N°23. The “Adolat” (Justice) Social Democratic Party of Uzbekistan nominated him, a non-partisan (N° in the list).
8. Vladislav Olegovich Tsvetkov, born in 1978. He serves as a judge of the Tashkent City Criminal Court. He is elected as a deputy representing Kuylyuk constituency N° 134. He was nominated by Movement of Entrepreneurs and Businessmen - Liberal Democratic Party of Uzbekistan, a non-partisan (N°122 in the list).
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Association for Human Rights in Central Asia is concerned about the violation of the constitutional principle of the independence of the judiciary in Uzbekistan.
Presence of the sitting judges in the legislature raises a number of questions:
— How is it possible to consider the court decisions of these judges to be objective and fair?
— How judges of the Supreme Economic Court of the Republic of Uzbekistan permanently residing in the city of Tashkent were elected: Shukhrat Tagaymuratovich Polvanov to represent Samarkand constituency, and Bibisanem Tadzhibaevna Temirkhanova to represent the Turtkul constituency number 2 located in the Republic of Karakalpakstan?
— How are they are going to carry out parliamentary duties of their constituencies, permanently living in Tashkent, combining it with the practice of jurisprudence?
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Uzbek authorities are taking a formalistic approach towards the so-called reform of the judicial system. Meanwhile, its dependence on the executive branch is increasing. As one can see, among the elected deputies, there is a judge, and a member of a political party, namely the Liberal Democratic Party of Uzbekistan. This is Bibisanem Tadzhibaevna Temirkhanova. In the list of deputies elected in constituencies to the Legislative Chamber of the Oliy Majlis (in line N°82), it says that she is “a member of UzLibDemP” and a “non-partisan”. Is this an error or a manipulation?
As it appears, all those judges who participated in the parliamentary elections, as well as the Head of the Central Election Commission Mr M. Abdusalomov, most likely, do not fully understand the notion of independence of the judiciary. The Honoured Lawyer of Uzbekistan, the former Chairman of the Supreme Economic Court of the Republic of Uzbekistan and the current Head of the Constitutional Court of Uzbekistan is in breach of fundamental constitutional principles.
The Chairman of the National Centre for Human Rights Mr Akmal Saidov is actively trying to convince international experts and members of the UN Council on Human Rights of the fact that Uzbekistan has an independent judiciary. In the national reports submitted during the reporting period to the executive committees of the United Nations, Mr A. Saidov presents a long list of seminars and training provided for practicing judges. Uzbek President Islam Karimov says the same in his laudatory speeches. Moreover, the bulk of these events are carried out with funds obtained from the European Union and the United Nations as a financial aid.
Uzbekistan received assistance under the “Reform of Civil Procedure: effective judicial administration” project provided by the United Nations Development Programme (UNDP, a body of the United Nations designed to assist member countries in their development). The project focuses on:
— creation of favourable conditions in law and in practice for further development of civil litigation,
— improving access to justice through the introduction of electronic means in litigation,
— improving the quality and enforceability of judicial decisions,
— raising awareness of the legal measures of protection of civil rights,
— improving the effectiveness of civil proceedings.
Representatives of the German Society for International Cooperation (GIZ), Regional Office of Friedrich Ebert Foundation and Representative Office of the “Regional Dialogue”, an international NGO (Slovenia), the Higher Qualification Commission for the Selection and Recommendation of Judges at the Administration of the President of the Republic of Uzbekistan, the Supreme Economic Court of the Republic of Uzbekistan attended the events organised within the framework of this project.
In 2011, within the framework of the EU strategy for human rights in Central Asia, Uzbekistan received financial support in the amount of 10 million euros designated for the reform of the judicial system. Practicing judges from Uzbekistan visited France as part of the government delegation to share experiences.
Millions of taxpayers' money of the democratic countries have gone into the creation of an independent judicial system in Uzbekistan. As a result, eight practicing judges are now Members of the Parliament of Uzbekistan. This shows, again, that all human rights dialogues and intergovernmental projects aimed at development of the judicial system of Uzbekistan are carried out formalistically.