The press and judicial-legal reform in Uzbekistan

Алишер Таксанов: литературный дневник

More than 50% of respondents from among citizens of Uzbekistan consider, that the public control is necessary on law enforcement bodies. However in the list of controllers offered by the Center “Ijtimoiy fikir” ("Public opinion"), mass media, in opinion of respondents, yet did not become the first, - preliminary results of the sociological interrogation, which has been conducted in January 2004, are those.
This has been informed at the international conference “The role of judicial-legal reform in maintenance of human rights and interaction with mass media” which has taken place on February 2-3, 2004 in Tashkent. As its organizers have acted American Bar Association (ABA CEELI), the Supreme Court of Uzbekistan, Konrad Adenauer Stiftung, the German society of technical cooperation (GTZ) and the International Center of Retraining of Journalists. The purpose of a forum is the establishment of strong dialogue between judicial authorities and mass media.
Speakers noted, that for building of lawful state and a civil society is considered important successful carrying out of judicial-legal reform, maintenance of human rights and freedoms, achievement of independence of judicial authority, and also a full transparency of their activity for citizens.
"It can be reached only at effective interaction with press", has noted the representative of the program ABA CEELI Anthony Barrash. "For the journalists the deepening of their legal knowledge, increasing of professionalism and providing of access to the legal information is necessary."
During the conference questions of strengthening of independence of judicial authority and mass media, which are called to become in the democratic state the "fourth" authority, were discussed.
The special attention was given to the interaction of judicial system with press, to acquaintance of journalists with last changes in the criminal legislation. Participants raised concrete examples and discussed the situation when the judge refused the journalist to attend on court and granting of the information. The facts of protection of the rights of journalists through proceedings that testifies to positive shifts in the state were simultaneously covered.
"Sixth session of Oliy Majlis (parliament) of the second convocation has made changes to Criminal and Criminal-Remedial Codes in connection with policy, accepted by the state, on liberalization of system of punishment and execution", has noted the judge of the Supreme Court of Uzbekistan Vohid Nazarov. "So, in 87 clauses are made essential changes by criteria of crimes, in 28 clauses are cancelled arrests. Now instead of imprisonment are applied payments of the caused damage and the sizes of fines for infringements in sphere of economy are increased. Full confiscation of property is excluded.
V.Nazarov has added, that the death penalty is not applied concerning women, teenagers, men older than 60 years. The number of clauses connected to the maximum measure of punishment, is reduced from 8 to 4.
Deputy head of the Center “Ijtimoiy Fikir” Marat Hajimuhammedov informed the data of last sociological research. So 72% of respondents consider that observance of human rights is and should be priority in the state, and 21% have named rights of communities. Probably, therefore 36,5% assert, that in a society should be a priority of the older above opinion of younger, whle 53,3% disagree with this. 45% have declared, that the person should coordinate the actions with opinion of mahalla (community). On the other hand, observance of ceremonies accepted in mahalla, is infringement of human rights - 43% of interrogated have specified this. Thus, the community is a conservative part of the state which to a lesser degree reflects democratic transformations.
"Legal literacy of the population for the present is not high in a sufficient measure", has told M.Hajimuhammedov. "Only 18,3% of respondents know well the civil rights, 63,8% have general knowledge about them, 12,8% badly understand, and 4,7% do not know statutory acts at all. Among women only 9,2% are informed on the rights whereas among men their number is twice higher. 80% always are guided by laws, 93% carry out traditions too, 44,1% do not reject religious requirements in the life.
Meanwhile, 22% of respondents have declared that they can protect the rights and freedoms, 36% do not know the rights and do not trust, that the law-enforcement system can protect them, 37% know the rights, but do not trust in an opportunity of their protection in Uzbekistan. The representative of the Center informed that the degree of protection of the rights depends on an educational level, and if person is more competently, he (she) has more chances to defend the rights. Important role plays also the age: on the rights the senior generations are least informed - from 60 years and older, whereas from 18 till 40 years people have sufficient knowledge for this purpose.
How citizens are protected? This was the question of the center “Ijtimoiy fikir”. Answers were distributed in the following order: 19% feel an absolute legal protection in Uzbekistan, 53,9% feel it partly, 14,2% do not feel it, the others were at a loss to answer.
"According to our data, only 39% of respondents did not read the Constitution, and 61% have been familiarized with it", has told M.Hajimuhammedov. "However from the last only 21,5% closely studied it, 39,4% are superficial, not penetrating into essence. Another issue is interesting: if human rights are broken, 38,2% are ready to address for the help to mahalla (community), 15,5% to militia, 15% to judicial instances, 10,3% to hokimiyat (local administration), 7,6% to the Office of Public Prosecutor, 3,6% to the lawyers. In opinion of experts, value of community is connected to strong influence of traditional bases.
Only 22,6% of respondents consider, that independence of judicial bodies in Uzbekistan is provided, 37% do not consider so. Security of the process of competitiveness of charge and protection during proceeding is carried out, in opinion of 20,8% of respondents, and 27,5% disagree with it.
One more question has been connected to a degree of trust to those or other state structures of authority. So 13,9% of respondents render high trust to law-enforcement system, an average level of trust is 56,7% and low is 17,4%. What causes mistrust to law-enforcement structures? M.Hajimuhammedov has noted the following figures: 31,1% consider, that the reason is in desire of workers to be enriched for the account of under investigated, 12% - a low educational level of investigators and operatives, 10,3% - their aspiration to close case faster and to report to the higher authority about performance of the task, 9,7% - corruption, 9,6% - "kumovstvo".
Also have been noted other results of the researches: 84% of respondents consider, that the physical violence of men over the woman is infringement of human rights, 76% count the fact of infringement higher payment for men for equal work with the woman, 71% - preference of employment of men.



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