Designation procedure

Authorized Person for Human Rights (Ombudsman) is designated by the Legislative Chamber and the Senate of the Oliy Majlis of the Republic of Uzbekistan for a five-year term. The candidacy for the position of Ombudsman is given for consideration of the Oliy Majlis of the Republic of Uzbekistan by the President of the Republic of Uzbekistan. Decision of the Legislative Chamber and the Senate of the Oliy Majlis of the Republic of Uzbekistan on designation of Ombudsman is taken by majority vote of the deputies of the Legislative Chamber and the members of the Senate of the Oliy Majlis of the Republic of Uzbekistan during its sessions.

At the expiration of the period of Ombudsman’s authorities the Ombudsman continues to carry out his duties up to the designation of a new Ombudsman.

The Law on Ombudsman establishes a number of criteria for the candidate to the post of the Authorized Person on Human Rights (Ombudsman). Any citizen of the Republic of Uzbekistan, who reached the age of 25 years by the day of designation, and who permanently resided on the territory of the Republic of Uzbekistan for at least five years, can become an Ombudsman following the designation procedure.

The Law envisages several cases where Ombudsman can be relieved from his post before the end of the term of office. These cases include voluntary abdication; serious damage to health supported by medical certificate; entry into force of the court’s judgment of conviction; designation or appointment of Ombudsman to the position that is incompatible with the activities of the Authorized Person (Ombudsman).

Position of Ombudsman is a state position under the country’s highest representative body – the Oliy Majlis of the Republic of Uzbekistan. Due to the nature of powers of Ombudsman as regards the protection of human rights and freedoms, as well as execution of independent parliamentary supervision over the implementation of current legislation, this position is incompatible with the membership and participation in the activities of political parties. This provision of the law was designed to prevent the abuse of power in the interest of political parties. Therefore Ombudsman should suspend or cease his membership or participation in the activities of political parties during his term of office.

Besides that, there are some general limitations, such as the prohibition to carry out entrepreneurial activity or take any paid jobs, except for educational and scientific activity. These limitations were introduced by the law so that Ombudsman could perform his official duties in effective manner, so that he would be an independent, unbiased human rights defender, which is in line with international practice.

An important element in the status of Ombudsman is the fact that Ombudsman is entitle to immunity. According to the Article 18 of the Law, Ombudsman has a right to immunity and cannot be brought to criminal liability, arrested, detained or forced to pay any administrative fee, established through the court, without the approval of the chamber of the Oliy Majlis of the Republic of Uzbekistan. Any criminal proceedings in relation to Ombudsman can only be initiated by the Prosecutor General of the Republic of Uzbekistan. Furthermore, it is forbidden to arrest, detain, check or examine personal belongings, luggage, vehicle, home or office of the Authorized Person for human rights (Ombudsman).

Ombudsman has a Deputy, who is also designated by the chambers of the the Oliy Majlis of the Republic of Uzbekistan. Where the Ombudsman is relieved from his position before expiration of term of office, and until a new Ombudsman is designated, the Deputy Ombudsman carries out all duties of Ombudsman and during this period the Deputy is entitled to all guarantees given to Ombudsman.