Constitutional court proposes curtailing prosecutors' investigative powers

The Constitutional Court of Uzbekistan has proposed that home searches be conducted exclusively based on a court decision, emphasizing adherence to constitutional protections. This recommendation was made on December 6 during a session addressing the state of constitutional legality in Uzbekistan.

The Court urged a review of the Criminal Procedure Code to align with constitutional provisions that safeguard individuals’ rights to privacy. It suggested drafting legislation that ensures searches, as well as actions like intercepting correspondence and electronic messages, can only occur with judicial authorization.

The proposal also advocated for comprehensive legal provisions guaranteeing individuals’ right to remain silent during criminal and administrative proceedings. These protections, the Court noted, must be explicitly detailed in laws governing criminal procedure and administrative liability.

Currently, under Article 382 of Uzbekistan's Criminal Procedure Code, prosecutors have the authority to conduct searches, intercept communications, and approve certain investigative actions. These powers include monitoring correspondence and telecommunications, obtaining subscriber information, and authorizing investigative measures by law enforcement officials.

However, Article 31 of the Constitution guarantees the confidentiality of correspondence, telephone conversations, and other communications, permitting restrictions only through legislation and court decisions.