Is the arrest of energy workers in Samarkand legal?

Recently, the Ministry of Energy announced the arrest of seven employees during a high-level meeting on corruption in the energy sector in the Samarkand region. Footage released by the ministry shows the employees being handcuffed and escorted out of the meeting hall—a scene that has sparked debate among human rights activists and legal experts on social media.  

According to lawyer Abdumalik Abdullayev, the Ministry of Energy stated that the seven individuals, who worked for energy supply companies, were accused of corruption and detained as suspects. However, Abdullayev questioned the legality of their detention.  

“Firstly, if a person is accused, they cannot be detained as a suspect. The term ‘accused’ implies a formal judicial process, meaning a court has already issued a legally binding indictment.  

Secondly, to detain someone as a suspect, there must be a formal decision issued by an investigator, inquiry officer, or prosecutor indicating their direct involvement in the case.  

Thirdly, in the photos, we see that all seven individuals were handcuffed,” Abdullayev wrote.  

The lawyer also cited Article 23 of Uzbekistan’s Law on Internal Affairs Bodies, which outlines the conditions under which law enforcement officers may use special restraints, including handcuffs.  

“In this case, none of the legal grounds for using handcuffs are evident. Therefore, this appears to be a repressive measure aimed at publicly shaming the detained individuals,” he stated.  

Abdullayev further suggested that the Prosecutor General’s Office may have deliberately avoided framing the situation as a repressive act. However, he stressed the need for authorities to clarify the legal grounds for the arrests and the use of handcuffs in a public setting.  

Another lawyer, Khayrullo Kasimov, also criticized the manner in which the arrests were carried out, arguing that the public humiliation of the employees violated their honor and dignity.  

“Even if they are suspects, that does not justify degrading their dignity. Being detained in an investigator’s office is one thing, but being handcuffed in front of their colleagues is another. Whether we like it or not, this act tarnished their honor,” Kasimov stated. 

He mentioned some articles of the Uzbek legislation:

- Article 13 of the Constitution recognizes human dignity, freedom, and inalienable rights as the highest values in Uzbekistan.  
- Article 26 of the Constitution prohibits torture, violence, and other cruel, inhuman, or degrading treatment.  
- Article 28 of the Constitution guarantees that all persons deprived of their liberty must be treated humanely, with their dignity respected.  
- Article 31 of the Constitution protects an individual’s right to privacy, personal secrets, and the safeguarding of their honor.  
- Article 60 of the Constitution mandates that all citizens observe the law and respect the rights, freedoms, and dignity of others.  
- Article 17 of the Code of Criminal Procedure requires judges, prosecutors, and investigators to respect the honor and dignity of all persons involved in legal proceedings.  
- Article 235 of the Criminal Code establishes criminal liability for torture and other inhumane treatment.  
- Article 143 of the Constitution assigns the Prosecutor General and subordinate prosecutors the responsibility of ensuring the uniform enforcement of laws, including the protection of human dignity.  

"That is, it is the duty of prosecutors to prevent the humiliation of the honor and dignity of people, regardless of who they are, and, if such a situation occurs, to hold the perpetrators accountable," wrote Kasimov.