Receiving and handling citizens’ complaints

Receiving and handling citizens’ complaints is the main activity of Ombudsman.

The right to file a complaint with the Institute of Ombudsman belongs to the citizens of the Republic of Uzbekistan, stateless persons and foreign citizens. Complaints are filed in case of violation of rights as a result of action or negligence or omission of state bodies and officials. Negligence of state bodies is understood as a passive action that includes non-fulfillment of actions prescribed by the legislation, that resulted in violated of human rights. Actions of state bodies and officials are understood as proactive deeds that resulted in violation of certain rights and freedoms of citizens.

According to the Law the Authorized Person (Ombudsman) has a right to receive complaints and applications not only from those persons whose rights were violated, but also from third parties that support victims and strive for observance of human rights by relevant state bodies and officials that violated those rights. Various public associations and groups of citizens may act as third parties given the victims’ consent.

Ombudsman does not handle any issues that fall under authority of the court, which is the only legitimate body administering justice in the Republic of Uzbekistan in the areas of civil, economic, criminal and administrative justice.

The Authorized Person (Ombudsman) handles complaints that were filed with his office within one year following the acknowledgement by the complainant of the fact that his/her rights, freedoms and legal interests were violated, or within one year following the decision as regards the complaint, in case when the complainant used other remedies for protection of his rights and liberties and was dissatisfied with taken decisions.

In exceptional cases, such as the large scale and gross violations of human rights and freedoms, or in cases that have particular public importance or result in the necessity to protect the interests of persons who cannot use legal remedies for protection of their own rights, or in case of expediency to take immediate measures for protection of human rights, the Authorized Person (Ombudsman) has a right to handle complaints with no regard to the aforementioned conditions.

A complaint addressed to the Authorized Person (Ombudsman) should contain a surname, name, middle name of the complainant, as well as his/her address, title of organization, surname, name, middle name of the official, whose actions or negligence are challenged. A complaint should also give a description of the matter, and provide in attachment the documents supporting complainant’s reasoning. Any complaint that is filed with the Institute of Ombudsman is not subject to the state fee.

The work of Ombudsman on handling citizens’ complaints consists of three stages: receiving and examining complaint in order to determine whether the handling of a complaint falls under authority of Ombudsman; examination of the complaint; in-depth investigation and decision-making as regards the complaint.

In the course of handling of the complaint, as well as during independently initiated investigation into the cases of violation of rights, freedoms and legitimate interests of citizens, the Authorized Person (Ombudsman) has a right to: require assistance from state bodies and officials in investigation of particular circumstances to be clarified; invite representatives of state bodies and officials for examining the circumstances to be clarified (investigation and examination of circumstances cannot be entrusted to a state body or official, whose action or negligence is challenged); visit state bodies and officials without hindrance; request and receive documents, materials and other data from state bodies and officials; request explanations from state officials; authorize organizations and experts to prepare conclusions on issues to be clarified; take part in examinations carried out by state bodies and officials as regards the issues pertaining to the rights, freedoms and legitimate interests of citizens; hold meetings and discussions with convicts or detainees.

State officials are obliged to provide the Ombudsman with requested documents, materials and other data related to alleged violations of rights, freedoms and legitimate interested of citizens. On any matter related to his activities the Authorized Person (Ombudsman) has a right to be urgently received by the heads and other officials of state structures, bodies of citizens’ self-governance, enterprises, institutions and establishments, public associations. Impeding the performance of duties of Ombudsman is subject to liability in according with established legal procedure.

Following the outcomes of in-depth investigation and examination of a complaint about violation of certain rights, Ombudsman can make a conclusion that facts presented in the complaint are true, and take three types of decisions: a) establish validity of a complaint; b) declare a complaint invalid; c) refer a complaint to another competent body.

Having established the validity of citizen’s complaint, Ombudsman declares that actions or negligence of state bodies or officials were unlawful, which resulted in violation of citizens’ rights and freedoms. Ombudsman informs the complainant about it in writing and sends the conclusion with recommendations for restoration of violated rights to relevant state body that was found liable for human rights violation.

If the Ombudsman declares that actions (decision) of a state body or official challenged by the complainant were lawful and not violating citizen’s rights and freedoms, then the Ombudsman refuses to satisfy the complaint, and informs the complainant about this decision in writing. In his response the Ombudsman provides detailed reasons for refusal to satisfy the complaint, demonstrates specific provisions of legislation used as a foundation for a decision to refuse, as well as informs, if necessary, about possible alternative options that can be used to resolve the complainant’s problem.

Conclusions sent by Ombudsman to relevant state bodies and organizations following the investigation of a complaint represent an important remedy in cases of violation of human rights. According to legislation the conclusion of Ombudsman can be addresses to a state body or its official, to organization of citizens’ self-governance, officials of enterprises, organizations or public associations. The Law obliges bodies and officials receiving the conclusions on restoration of violated rights to examine them within a month and inform the Authorized Person (Ombudsman) about relevant measures taken accordingly. As for their legal status, the conclusions of Ombudsman are of advisory nature, as it is common in international practice.

Ombudsman’s recommendations provided in his conclusion regarding a complaint are eventually targeted at fulfilling the gaps and correcting mistakes made by state bodies and officials in handling specific cases and dealing with citizens. They also aim at forming positive trends in observance of human rights and freedoms by these state bodies and officials. In his conclusion the Authorized Person (Ombudsman) recommends these bodies to take measures targeted at prevention or reduction of consequences of human rights violation; requires changing practice or procedure, to reconsider or revoke a wrong decision, to consider the possibility to compensate for damages caused by unlawful actions of state bodies or officials.