The key facts

  • Inviolability is granted to deputies, senators, the ombudsman, judges, prosecutors, lawyers, presidential candidates and others; immunity — to the president, officials of the Presidential Administration and their family members
  • Detention of such persons is prohibited, except for cases of up to three hours under para. 1 of Art. 221 of the CPC; criminal prosecution requires the consent of the parliamentary chamber, the president or an authorized body
  • For knowingly unlawful actions against persons with inviolability — restriction or deprivation of liberty from 3 to 5 years, with aggravating circumstances — from 5 to 8 years

Categories of persons with inviolability and immunity

Uzbekistan has established a special procedure for proceedings in cases involving persons with inviolability and immunity. Inviolability is granted to deputies of the Legislative Chamber and members of the Senate of the Oliy Majlis, the Commissioner for Human Rights (ombudsman), the Commissioner for Children's Rights, judges, prosecutors, investigators and inquiry officers, lawyers, members of the Central Election Commission, presidential candidates during their status as candidates, and other persons. Managerial employees of the Presidential Administration retain inviolability for five years after dismissal — with respect to actions or inaction not related to the performance of duties in the Presidential Administration. Immunity is held by the president of Uzbekistan, officials of the Presidential Administration and their family members, as well as managerial employees of the Presidential Administration — with respect to decisions, actions or inaction related to the performance of duties. Members of parliament have immunity for voting and expressing their opinions.

Detention and bringing to liability

Detention of persons with inviolability and their delivery to law enforcement agencies are prohibited, except for cases of detention for up to three hours on the grounds provided for in para. 1 of Art. 221 of the Criminal Procedure Code of Uzbekistan. Bringing such persons to criminal liability requires the consent of the relevant chamber of parliament, the president or another authorized body: for deputies — the consent of the relevant chamber; for managerial employees of the Presidential Administration — written consent of the president based on a submission by the prosecutor general. Evidence obtained in violation of the requirements on inviolability and immunity is deemed inadmissible and excluded from the case materials. Bringing to administrative liability through court proceedings is carried out exclusively under the new Chapter XXIII³ of the Code of Administrative Liability; administrative penalties through court proceedings may not be applied to persons with immunity.

Wiretapping, punishments and compensation for damage

Wiretapping of telephone conversations and control of correspondence of persons with inviolability are permitted only on the basis of a court decision or written authorization of the prosecutor general. For knowingly unlawful detention, forcible bringing or conduct of investigative actions against a person with inviolability, as well as for issuing an order or instruction to carry out such actions, restriction of liberty for a term of 3 to 5 years or imprisonment for the same term with deprivation of a certain right is provided. If these actions are committed repeatedly, by a group of persons by prior conspiracy, with the use of violence or the threat of its use, with falsification of evidence, or by way of taking into custody or bringing to criminal liability, the punishment is from 5 to 8 years of imprisonment. Damage caused as a result of decisions, actions or inaction of officials and managerial employees of the Presidential Administration related to the performance of duties is compensated from State Budget funds; the right of recourse against these persons does not apply.