Interaction between Ombudsman and state bodies and institutions

In the course of his activities, Ombudsman interacts with different branches of state power: legislative, executive and judicial power. Interaction between Ombudsman and various state bodies and public associations is aiming, first of all, at promoting effectiveness in the observance of legislation and prevention of human rights violations. Secondly, it is aiming at a greater use of capacities, resources and opportunities of the bodies of judicial and extra-judicial protection of human rights. Thirdly, it is targeted at the unification of efforts made by the state and civil society in the area of implementation of mechanism for observance and protection of human rights.

Cooperation between Ombudsman and the Legislative Chamber and the Senate of the Oliy Majlis of the Republic of Uzbekistan is particularly important. Due to the fact that Ombudsman is a person authorized by the Parliament, in his activities Ombudsman rests on the Parliament, proceeds from the Parliament’s plans and programs for legislative and monitoring activities. Cooperation between Ombudsman and the committees of the Chambers of the Oliy Majlis is intensified when the draft laws on issues directly related to human rights are examined.

With a view to promote the effectiveness of his activities in the area of handling of citizens’ complaints and restoration of violated rights, in carrying out activities aimed at raising public awareness on the issues of human rights, in assisting into improvement of legislation and development of international cooperation, Ombudsman takes necessary steps towards establishing contacts and building partnerships with the ministries and departments, judicial, law enforcement and other state bodies and institutions. Ombudsman has common goals and objectives with these bodies and institutions, which lie in comprehensive assistance in exercising human rights and ensuring their protection. Ombudsman is different from these bodies and institutions in his capacities and available remedies for protection of human rights.

With a view to establish a foundation for close interaction between Ombudsman and judicial and law enforcement bodies in the field of protection and observance of human rights, a special Concept was developed in 1998, outlining the mechanisms of cooperation between Ombudsman and these bodies. In particular, the Concept envisages the following:

1) Assistance in promotion of legal safeguards for the activities of Ombudsman and improvement of legislation of the Republic of Uzbekistan in the field of human rights;

2) Increasing effectiveness of receiving and handling complaints from citizens as regards violations of their rights; undertaking necessary measures to restore their rights, freedoms and legitimate interests though joint efforts of all institutions working on protection of human rights;

3) Joint checks of implementation of the legislation of the Republic of Uzbekistan pertaining to human rights, and elaboration of suggestions and recommendations for improvement of activities of the state apparatus;

4) Cooperation in the area of educational and awareness raising activities with a view to improve legal awareness among the staff of judicial and law enforcement bodies, and certain groups of citizens;

5) Coordination of activities in the development of international cooperation on the issues of human rights.

The Concept of cooperation between Ombudsman and judicial and law enforcement bodies is aiming to improve the outcomes of his work on promotion of observance and implementation of the existing human rights legislation; to ensure effective restitution of human rights; to use powers and capacities of state bodies in charge of protection of human rights in a more effective manner; to build common understanding of the fact, that coordination of activities carried out by Ombudsman and other state bodies and institutions can bring positive results in improving the situation with observance of human rights.

For the purpose of effective restitution and restoration of violated rights, the Authorized Person (Ombudsman) interacts and cooperated with judicial and law enforcement bodies, ministries and state departments. In December 1998 an Agreement of Cooperation was concluded with the Constitutional Court; in April 2000 – with the General Prosecutor’s Office; in December 2004 – with the Ministry of Interior; in August 2005 – with the Ministry of Healthcare; and in September 2005 – with the Ministry of Justice. Cooperation with these structures demonstrated positive results. Working groups were established at central and regional levels, which resulted in accelerated and more successful resolution of complaints addressed by citizens.

In line with provisions of these Agreements the parties hereto cooperate in the following areas: human rights monitoring; investigations of citizens’ complaints; educational and awareness raising campaigns on human rights issues; improvement of legislation and law enforcement activities in the area of human rights; the study of international experience and elaboration of proposals for implementation of international human rights standards and provisions into the national legislation; establishment of joint working groups for consideration of citizens’ applications.

Experience has demonstrated that Ombudsman undertakes successful cooperation with the General Prosecutor’s Office of the Republic of Uzbekistan, since they have not only common goals and objectives in the area of human rights protection, but they also have similar functions aiming at effective use of opportunities provided by legislation. The General Prosecutor’s Office of the Republic of Uzbekistan contributes to provision of information for investigation of complaints received by the Institute of Ombudsman; takes part in the activities of panels working on legislative review; participated in the organization of educational seminars. However, the principle field of cooperation between Ombudsman and the General Prosecutor’s Office is taking effective measures on restoration of human rights, since the Prosecutor’s Office enjoys broader authorities and means of influence over human rights violators, than Ombudsman does. With a view to create an effective mechanism for restoration of violated rights, an Agreement on Cooperation was concluded between the Ombudsman and the General Prosecutor’s Office of the Republic of Uzbekistan. A special working group for consideration and investigation of citizens’ complaints was created.

Constitutional Court of the Republic of Uzbekistan assists the Ombudsman in interpreting provisions of the Constitution and laws of the Republic of Uzbekistan, which gives an opportunity to prepare well-grounded answers to citizens’ complaints, and to resolve various legal issues, which arise in the course of consideration of individual complaints. Assistance provided by the Constitutional Court is also useful in carrying out different educational and awareness raising campaigns in the area of human rights. With a view to promote further cooperation between the Constitutional Court and the Authorized Person for human rights (Ombudsman), to assist in promoting the rule of law and the rule of Constitution, to protect human rights in the Republic of Uzbekistan, and to unite the efforts taken to improve the situation in this area, an Agreement on Cooperation in the field of human rights was concluded between the Institute of Ombudsman and the Constitutional Court of the Republic of Uzbekistan.

Furthermore, an Agreement on Cooperation between the Institute of Ombudsman and the Ministry of Interior of the Republic of Uzbekistan envisages the implementation of joint activities to ensure and protect the rights of convicts, to create necessary conditions for unimpeded access to penitentiary institutions for Ombudsman or his representative, to hold meetings and discussions with convicts and detainees. Article 4 of this Agreement also envisages that in order to exercise control over the observance of rights of defendants, detainees and convicts, the Parties hereto may assign the position of the Representative of the Authorized Person of the Oliy Majlis for human rights (Ombudsman for the rights of convicts and detainees) in penitentiary institutions of the Central Penitentiary Administration at the Ministry of Interior of the Republic of Uzbekistan.

According to the Agreement on Cooperation between Ombudsman and the Ministry of Healthcare of the Republic of Uzbekistan, the Authorized Person (Ombudsman) is entitled to involve the experts of the Ministry of Healthcare and subordinate institutions to carry out investigations in case of violation of human rights and freedoms, as well as to prepare expert opinions. This Agreement also envisages the establishment of Ombudsman on the rights of patients and medical staff.