Rights of Convicted Persons

There are a number of international conventions and rules aimed at protecting the rights of convict’s persons, which can be divided into:

Mandatory acts:

  1. International Covenant on Civil and Political Rights (1966);
  2. Convention on the Elimination of All Forms of Racial Discrimination (1965);
  3. Convention on the Elimination of All Forms of Discrimination against Women (1979);
  4. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984);
  5. Convention on the Rights of the Child (1989);
  6. Convention on the Rights of Persons with Disabilities (2006).

Acts of a recommendatory nature:

  1. Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1975);
  2. Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) (1985);
  3. Standard Minimum Rules for Non-custodial Measures (Tokyo Rules) (1990);
  4. United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) (2015);
  5. UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) (2010);
  6. UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines, 1990);
  7. UN Rules for the Protection of Juveniles Deprived of their Liberty (1990);
  8. Code of Conduct for Law Enforcement Officials (1979);
  9. Principles of medical ethics relating to the role of health workers, especially doctors, in protecting prisoners or detainees from torture and other cruel, inhuman or degrading treatment or punishment (1982);
  10. The set of principles for the protection of all persons subjected to any form of detention or imprisonment (1988);
  11. Basic principles for the treatment of prisoners (1990);
  12. Guidelines for action for children in the criminal justice system (1997);
  13. Basic principles for the application of restorative justice programs in criminal matters (2002);
  14. Guidelines on justice in matters related to the participation of child victims and witnesses of crime (2005);
  15. Measures guaranteeing the protection of the rights of those facing the death penalty (1996).

All the aforementioned international acts, developed and adopted by the international community on standards for the treatment of convicts, are aimed at humanizing the execution of criminal sentences and minimizing their negative consequences, as well as at creating such penal legislation that would provide for the implementation of corrective activities by creating conditions that are as close as possible to the conditions living in freedom of conditions of serving sentences in places of deprivation of freedom.

In accordance with article 8 of the Criminal Executive Code of the Republic of Uzbekistan, convicted persons have rights, freedoms and bear obligations provided for citizens of the Republic of Uzbekistan, with exceptions and restrictions established by law.

 

Convicted persons have the right to:

receive information about the procedure and conditions for serving a sentence, about their rights and obligations;

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

Receive answers to your suggestions, statements and complaints in the language of reference;

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

use educational, art and other information materials;

to protect health, including obtaining medical care on an outpatient and inpatient basis, depending on the medical opinion;

engage in physical exercises in his free time in the fresh air, if weather conditions permit it;

psychological assistance provided by the staff of the psychological service of the penitentiary institution. Participation of persons sentenced to deprivation of liberty in activities related to the provision of psychological assistance is carried out only with their consent;

on safe working conditions, rest, vacation, and also wages in accordance with labor legislation;

on social security, including the receipt of a pension in accordance with the law;

to receive qualified legal assistance from lawyers;

for personal safety.

Convicted foreign citizens also have the right to liaise with diplomatic missions and consular offices of their states, and citizens of countries that do not have diplomatic and consular offices in the Republic of Uzbekistan with diplomatic missions of the state that has taken upon themselves the protection of their interests.

Convicts held in places of deprivation of liberty for committing less serious public danger and less serious crimes have the right to participate in elections.

Persons sentenced to deprivation of liberty have the right to send to the address of the Commissioner of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman) and the Commissioner under the President of the Republic of Uzbekistan for the protection of the rights and legitimate interests of business entities

in writing (letters and telegrams) without limiting their number, which are not subject to viewing by the administration of the institution and no later than twenty-four hours are sent to the appropriate authorized person.

The response of the Commissioner of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman) and the Commissioner under the President of the Republic of Uzbekistan for the protection of the rights and legitimate interests of business entities is not subject to review and is immediately delivered to the applicant.

In accordance with the decree of the President of the Republic of Uzbekistan “On improving the activities of the National Center of the Republic of Uzbekistan for Human Rights”, the Center is vested with the right to monitor institutions for the execution of sentences, places of detention and special receivers.

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