Legislation to curb evasion of justice by suspects leaving Uzbekistan

On March 12, the Legislative Chamber of the Oliy Majlis held a session to discuss a draft law aimed at improving the application of coercive measures in criminal proceedings. This was reported by the press service of the Legislative Chamber.

According to the report, the new version of the Constitution establishes one of the key guarantees for ensuring citizens' rights and freedoms: protecting the rights of victims of offenses by law, and creating conditions for compensating damages inflicted upon them.

However, it has been observed that individuals who have committed crimes, but for whom pre-trial detention is not applied, often leave the territory of the Republic of Uzbekistan to avoid investigation, prosecution, or court proceedings. As a result, the ability to restore the rights of victims and compensate for damages is significantly reduced.

Currently, there is no effective mechanism to prevent individuals from leaving Uzbekistan’s territory if pre-trial detention is not applied. Although measures such as written undertakings, guarantees, bail, and house arrest are utilized, legislation does not grant relevant authorities the power to restrict such individuals from crossing the state border.

Deputy Prosecutor General Sherzod Tukhvatboyev also noted that offenders leaving the country delays investigative and judicial processes, thereby obstructing the timely restoration of violated rights and the achievement of fair justice. According to analyses, between 2020 and 2024, search warrants were issued for 23,863 individuals who committed crimes and evaded investigation and court proceedings. Of these, 21,238 individuals (89%) had left Uzbekistan’s territory.

The draft law proposes amendments to certain legislation. It introduces procedures whereby the investigating officer, prosecutor, or court can temporarily restrict the right of suspects, defendants, or accused individuals to leave Uzbekistan if there are sufficient grounds to believe they may leave the country to evade investigation, preliminary inquiry, or court proceedings without valid reasons.

Under specific circumstances, individuals temporarily restricted from leaving the country may be allowed to travel abroad for a limited period, including:

• If their participation in a criminal proceeding abroad is required;
• If their health deteriorates and medical assistance cannot be provided within Uzbekistan;
• If a close relative passes away.