In Uzbekistan, senators try to abolish lawyer’s secrecy
On March 24, at the third plenary meeting of the upper house of Uzbek Parliament, a scandalous bill was adopted; it eliminates the concept of lawyer’s secrecy.
In connection with the introduction of new types of operational-search measures, the Law “On guarantees of advocacy and the social protection of lawyers” is amended, with the approval of the prosecutor, providing for control of negotiations, transmission of messages and data carried out by the lawyer from telecommunication devices.
Thus, the senators completely disavowed the President’s Decree “On measures to radically increase the effectiveness of the institution of the Bar and expand the independence of lawyers”, which was adopted in May 2018. Paragraph 7 of the Decree states that “draft regulatory legal acts on issues related to advocacy and legal proceedings are subject to approval by the Chamber of lawyers”. Not a single lawyer or representative of the Chamber was invited to the meeting.
Uzbekistan has ratified international agreements regarding the practice of lawyers. However, it is doubtful that Uzbekistan will fulfill its obligations to the world community. The equal rights of defense and prosecution, inviolable in jurisprudence, were rejected.
Well-known Uzbek lawyer, Allan Pashkovsky, considers the decision of the senators as the desire “to crush the lawyer’s secret, give up the independence and immunity of the lawyer”. “Where are we going under the guise of events taking place in the world? What judicial reforms are we talking about? Are the lawyers in the legal democratic community so unnecessary that somewhere in high offices it’s not a shame to openly sabotage such an important institution of civil society, a democratic rule of law?” wonders the lawyer with extensive practice in criminal and civil cases, requiring the unconditional observance of lawyer’s secrecy.
The bill will have to be signed by the President and after that it will come into force.
ACCA’s expert is sure that “the moment for discussion and adoption of the bill has been chosen the best. The country is struggling with the spread of coronavirus and in such a situation it is easy to carry out a deliberately illegitimate, but necessary act for a presidential entourage, fearing turbulence in society. Problems in the economy after the end of the coronavirus pandemic will only increase, and the elite will solve them by the usual command and administrative measures. Laws don’t work well, and advocacy remains the last bastion of defense for both businessmen and ordinary citizens.”
