On the procedure for serving administrative detention (LRU-420-son)
On the procedure for serving administrative detention (LRU-420-son)
09.01.2017
Law of the Republic of Uzbekistan
Adopted by the Legislative Chamber on November 24, 2016 Approved by the Senate on December 13, 2016
Chapter 1. General Provisions
Article 1. Purpose of this Law
The purpose of this Law is to regulate relations connected with the procedure for serving administrative detention.
Article 2. Legislation on the procedure for serving administrative detention
Legislation on the procedure for serving administrative detention consists of this Law and other legislative acts.
If an international treaty of the Republic of Uzbekistan establishes rules other than those provided by the legislation of the Republic of Uzbekistan on the procedure for serving administrative detention, the rules of the international treaty shall apply.
Article 3. Basic concepts
The following basic concepts are used in this Law:
cell — a room located in a special reception facility intended for holding persons subjected to administrative detention;
special reception facility — a special institution within the system of internal affairs bodies intended for the reception and holding of persons subjected to administrative detention;
administration of a special reception facility — the head of the special reception facility and his deputies responsible for managing the facility;
staff of a special reception facility — service members, sergeants, and officers of the internal affairs bodies who perform duties related to ensuring the regime for serving administrative detention;
administrative detention — a type of administrative penalty consisting in keeping a person under conditions of temporary isolation from society for a term from three to fifteen days, and for up to thirty days under a state of emergency for encroachment upon public order;
person subjected to administrative detention— a citizen in respect of whom a decision on administrative detention has been issued.
Article 4. Basic principles of serving administrative detention
The basic principles of serving administrative detention are legality, humanity, respect for the dignity and honour of persons subjected to administrative detention, and protection of their rights, freedoms, and legitimate interests.
Article 5. Grounds for serving administrative detention
A decision of a judge of a district (city) criminal court, and under a state of emergency, a decision of a military commandant or the head of an internal affairs body, shall constitute the basis for serving administrative detention.
Article 6. Legal status of special reception facilities
Special reception facilities shall be established, reorganized, and abolished by the Cabinet of Ministers of the Republic of Uzbekistan.
Special reception facilities shall operate under the Ministry of Internal Affairs of the Republic of Karakalpakstan, the Main Department of Internal Affairs of the city of Tashkent and Tashkent region, and the regional departments of internal affairs.
Special reception facilities shall be legal entities, possessing a seal bearing the State Emblem of the Republic of Uzbekistan and an inscription of their name.
Article 61. Operative-search activity in special reception facilities
Operative-search activity in special reception facilities shall be carried out in accordance with legislation for the purpose of preventing, detecting, suppressing, and solving crimes, as well as identifying, locating, and searching for persons involved in preparing or committing crimes.
Chapter 2. Procedure for admitting, placing and holding persons subjected to administrative detention
Article 7. Procedure for admitting a person subjected to administrative detention
A person subjected to administrative detention shall be brought to the special reception facility by officers of the territorial internal affairs bodies.
Upon admission to the special reception facility, the person subjected to administrative detention shall undergo a personal search, fingerprint registration, photographing, inspection of belongings, and a medical examination.
From the moment the person is placed in the special reception facility, the administration shall grant him/her the right to make a telephone call or otherwise notify a lawyer, relatives or other persons of such placement. If the person placed in the special reception facility is a foreign national, a written notice of his/her placement shall be sent to the Ministry of Foreign Affairs of the Republic of Uzbekistan within twenty-four hours.
Admission of persons subjected to administrative detention to the special reception facility shall be carried out around the clock.
Article 8. Personal search of a person subjected to administrative detention and inspection of his/her belongings
Upon being brought to the special reception facility, a person subjected to administrative detention shall undergo a personal search. Documents, money, valuables, items and other belongings in the possession of such person shall also be inspected.
Documents, money, valuables, items and other belongings shall be taken from the person, except for foodstuffs, essential items, clothing, footwear, other things and belongings that the person may retain and use in accordance with the internal rules for persons subjected to administrative detention. The seized documents, money, valuables, items and other belongings shall be listed in the records of the personal search and the inspection of belongings, with their descriptions and identification numbers indicated.
Medicines shall be delivered, according to a list, to the medical unit for separate storage and shall be returned to the person subjected to administrative detention against his/her signature upon the instruction of the medical worker of the special reception facility.
Items and other belongings whose storage, distribution, consumption or use is prohibited shall be seized in the manner prescribed by legislation.
Items and other belongings that the person has but which, under the internal rules, are prohibited from storage and use shall be taken for the period of his/her stay in the special reception facility and kept in specially equipped places until release.
Sanitary treatment and personal searches of a person subjected to administrative detention shall be carried out by staff members of the special reception facility who are of the same sex as the person.
Article 9. Placement and holding of persons subjected to administrative detention
Persons subjected to administrative detention shall be held in special reception facilities and placed in common cells or single-occupancy cells in compliance with the requirements of Article 20 of this Law.
Placement in cells shall be affected separately, taking into account the identity of the persons and their psychological compatibility. As a rule, smokers shall be accommodated separately from non-smokers.
Men and women shall be accommodated separately.
The following persons shall be accommodated separately from other persons subjected to administrative detention:
foreign citizens and stateless persons;
patients with infectious diseases or persons requiring medical observation;
former judges, former officers of law-enforcement bodies, former advocates;
certain persons where required in the interests of ensuring the safety of their life and health.
Holding in single-occupancy cells shall be used where there is no other possibility of ensuring compliance with the requirements set out in parts two, three and four of this Article.
Article 10. Internal rules of the special reception facility
For the purpose of ensuring the regime, the internal rules shall be approved by the Minister of Internal Affairs of the Republic of Uzbekistan.
The internal rules shall determine the model order of the special reception facility, the rules of conduct of persons subjected to administrative detention therein, as well as:
admission of persons subjected to administrative detention and their placement in cells;
inspection of belongings, clothing and footwear of persons on entry to and exit from the facility area, inspection of vehicles entering and exiting, and seizure of prohibited foodstuffs, items and other belongings;
personal searches of persons subjected to administrative detention, fingerprint registration, photographing, inspection of documents, money, valuables, items and other belongings in their possession, and inspection of rooms where such belongings are kept;
seizure from persons subjected to administrative detention of documents, money, valuables, items and other belongings prohibited from storage and use;
material and household provision for persons subjected to administrative detention, including the names and quantities of foodstuffs, essential items, clothing, footwear, other things and belongings permitted to be in their possession;
medical and sanitary provision for persons subjected to administrative detention;
purchase by persons subjected to administrative detention of foodstuffs, essential items, books, paper and stationery;
receipt and delivery to persons subjected to administrative detention of postal items and remittances, as well as sending of postal items and remittances by such persons;
receipt by persons subjected to administrative detention of money transfers;
daily walks of persons subjected to administrative detention;
visits to persons subjected to administrative detention and exercise by them of the right to telephone conversations;
performance by persons subjected to administrative detention of religious rites;
participation by persons subjected to administrative detention, in accordance with legislation, in the election of the President of the Republic of Uzbekistan, in elections to representative bodies of state power and in the referendum of the Republic of Uzbekistan;
engagement of persons subjected to administrative detention in work;
submission by persons subjected to administrative detention of applications, proposals and complaints;
personal reception of persons subjected to administrative detention by the head of the special reception facility and by persons authorised by him;
release of bodies of persons who died while subjected to administrative detention and held in the special reception facility;
the procedure for releasing persons subjected to administrative detention from the special reception facility.
Article 11. Technical means of surveillance and inspection
In order to prevent crimes and other offences, to prevent violations of the internal rules, and to obtain necessary information on the conduct of persons subjected to administrative detention, audiovisual, electronic and other technical means of surveillance and inspection may be used in special reception facilities. The list of such means and the procedure for their use shall be established by the Ministry of Internal Affairs of the Republic of Uzbekistan.
The administration of the special reception facility shall inform persons subjected to administrative detention that technical means of surveillance and inspection are being used.
Chapter 3. Legal status of persons subjected to administrative detention
Article 12. Fundamentals of the legal status of persons subjected to administrative detention
Citizens of the Republic of Uzbekistan subjected to administrative detention shall enjoy rights and freedoms, subject to the restrictions established by law, and shall assume obligations.
Foreign citizens and stateless persons subjected to administrative detention shall, unless otherwise provided by international treaties of the Republic of Uzbekistan, likewise enjoy rights and freedoms, subject to the restrictions established by law, and shall assume obligations.
Article 13. Rights of persons subjected to administrative detention
Persons subjected to administrative detention shall have the right to:
receive information on the procedure and conditions for serving administrative detention, and on their rights and obligations;
submit applications, proposals and complaints;
apply for personal reception to the head of the special reception facility or to persons authorised by him;
be kept in conditions ensuring their personal security and health, and receive appropriate medical care;
receive and send postal items and remittances;
meet with a lawyer, relatives or other persons;
make one limited telephone call per day within the territory of the Republic of Uzbekistan;
uninterrupted sleep for eight hours at night;
take a daily walk during daytime, in specially designated areas, of not less than two hours;
perform religious rites, provided this does not violate the internal rules or the rights, freedoms and legitimate interests of others;
receive remuneration if engaged in work and benefit from protection of labour;
be provided, according to established norms, with foodstuffs, and use material and household conditions, educational and cultural materials, information materials and other items and belongings not prohibited by legislation;
obtain and keep medicines in the established manner.
Citizens of the Republic of Uzbekistan subjected to administrative detention shall, in addition to the rights set out in part one of this Article, have the right to participate, in accordance with legislation, in the election of the President of the Republic of Uzbekistan, in elections to representative bodies of state power, and in the referendum of the Republic of Uzbekistan.
Foreign citizens subjected to administrative detention shall, in addition to the rights set out in part one of this Article, have the right to communicate with the diplomatic missions and consular offices of their states; citizens of countries that have no diplomatic and consular offices in the Republic of Uzbekistan shall have the right to communicate with the diplomatic missions and consular offices of the state that has assumed protection of their interests.
Persons subjected to administrative detention may also have other rights in accordance with legislation.
Article 14. Obligations of persons subjected to administrative detention
Persons subjected to administrative detention shall:
comply with the requirements of this Law and the internal rules;
comply with the lawful demands of the administration and staff of the special reception facility and not obstruct them in the performance of their duties;
comply with sanitary rules, norms and hygienic standards;
comply with fire safety rules;
treat the property of the special reception facility with due care;
clean the cells and other rooms in turn;
refrain from acts that demean the honour and dignity of others, and from acts that pose a threat to their own life and health or to the life and health of others.
Article 15. Personal security of persons subjected to administrative detention
The personal security of persons subjected to administrative detention shall be ensured.
The administration and staff of the special reception facility shall immediately take measures to prevent and eliminate threats to the life and health of persons subjected to administrative detention.
Article 16. Meetings of persons subjected to administrative detention with a lawyer, relatives or other persons
Persons subjected to administrative detention shall be granted meetings with a lawyer, relatives or other persons.
Meetings with a lawyer for the purpose of obtaining legal assistance shall be granted in the manner prescribed by legislation, without limitation as to number or duration.
During the period of serving administrative detention, one meeting of up to one hour shall be granted with relatives or other persons. In certain cases, an additional meeting of up to one hour may be granted with the permission of the administration of the special reception facility.
Meetings shall be granted:
to a lawyer—upon presentation of a warrant (order) and a lawyerʼs certificate;
to a relative or other person—upon presentation of an identity document.
At the request of the person subjected to administrative detention, and on condition that it is possible for staff of the special reception facility to exercise visual supervision from a distance, meetings with a lawyer shall be permitted outside the hearing of third parties and without the use of technical means of listening.
Meetings with relatives or other persons shall take place under the supervision of staff of the special reception facility and shall be terminated early in the event of an attempt to hand over to the person subjected to administrative detention any documents, money, valuables, items or other belongings whose storage and use are prohibited under the internal rules.
When meetings are granted, lawyers, relatives and other persons are prohibited from having with them means of communication, personal computers, cameras, video cameras and sound-recording devices.
Article 17. Applications, proposals and complaints of persons subjected to administrative detention
Persons subjected to administrative detention shall have the right to submit applications, proposals and complaints.
Staff of the special reception facility shall immediately accept applications, proposals and complaints submitted orally or in writing by persons subjected to administrative detention, record them in a special register and deliver (report) them to the administration of the special reception facility.
Censorship of applications, proposals and complaints of persons subjected to administrative detention shall not be permitted.
Applications, proposals and complaints of persons subjected to administrative detention shall be sent to addressees not later than the business day following the day of submission.
Replies to applications, proposals and complaints shall be delivered to the respective submitters not later than the business day following the day of receipt by the special reception facility.
Postal expenses for sending applications, proposals and complaints of persons subjected to administrative detention shall be covered from the funds of the special reception facility.
Unjustified refusal to accept or consider applications, proposals and complaints, violation of the procedure and time limits for their consideration or delivery to addressees, or persecution of persons subjected to administrative detention in connection with applications, proposals and complaints submitted by them shall entail liability in accordance with legislation.
Article 18. Receipt and sending by persons subjected to administrative detention of postal items and remittances
From the day of arrival at the special reception facility, persons subjected to administrative detention may receive and send postal items and remittances. Postal items and remittances shall be inspected.
The weight of a postal item may not exceed the norm established by postal rules, and the weight of a remittance may not exceed the established weight for a parcel.
The procedure for receipt and sending of postal items and remittances by persons subjected to administrative detention shall be established by the internal rules.
Article 19. Leaving the territory of the special reception facility by persons subjected to administrative detention
In exceptional cases (death of a close relative, a grave illness of a close relative posing a threat to life, or an incident that has caused substantial material damage to the person subjected to administrative detention or his/her family), persons subjected to administrative detention may be permitted to leave the territory of the special reception facility for a period not exceeding twenty-four hours, with travel time in both directions (up to forty-eight hours) not included. Permission to leave shall be granted within the territory of the Republic of Uzbekistan.
An application for permission to leave shall be considered by the administration of the special reception facility not later than the day following its submission. The decision shall be taken having regard to the identity and conduct of the person and the availability of supporting documents.
The time spent outside the territory of the special reception facility shall be counted toward the term of serving administrative detention.
Travel expenses for leaving the territory of the special reception facility shall be borne by the person subjected to administrative detention or by other persons.
If unforeseen circumstances arise that make timely return to the special reception facility difficult, the return period may be extended by up to forty-eight hours by decision of the head of the internal affairs body at the place where the person is located; the administration of the special reception facility shall be notified thereof.
If the person subjected to administrative detention evades return to the special reception facility within the established period, he/she shall be detained by the internal affairs body and sent to the special reception facility. In such case, the time spent outside the facility shall not be counted toward the term of serving administrative detention.
The procedure for leaving the territory of the special reception facility by persons subjected to administrative detention shall be established by the Ministry of Internal Affairs of the Republic of Uzbekistan.
Chapter 4. Material, household and medical support of persons subjected to administrative detention
Article 20. Places of holding persons subjected to administrative detention and their material and household support
Persons subjected to administrative detention shall be provided with material and household conditions that meet the requirements of sanitary rules, norms and hygienic standards, and of fire safety rules.
Cells in which persons subjected to administrative detention are held shall be equipped with ventilation and heating systems and shall have sufficient natural and artificial lighting for reading and writing without harming eyesight. Regardless of the presence of a mechanical ventilation system, cell windows shall ensure the inflow of fresh air.
The floor space per person shall be at least 2.5 square metres, and at least 3 square metres for women. In cells for holding persons subjected to administrative detention who have infectious diseases, the floor space per person shall be not less than 4 square metres.
Persons subjected to administrative detention shall be provided with an individual bed, bedding, tableware and eating utensils.
Persons subjected to administrative detention shall use their own clothing, footwear and personal hygiene items.
If a person lacks the necessary items, he/she shall, upon request, be provided with personal hygiene items (soap, toothbrush, toothpaste or powder), a shaving device or (for women) personal hygiene items.
Bathing/washing, and changing of sheets and pillowcases shall be carried out at least once every seven days.
Food norms in special reception facilities shall be established by the Cabinet of Ministers of the Republic of Uzbekistan, taking into account the state of health and age of persons subjected to administrative detention and the nature of any work in which they may be engaged.
Article 21. Medical care for persons subjected to administrative detention
Medical care for persons subjected to administrative detention shall be provided by medical staff of the special reception facility.
New arrivals at the special reception facility shall undergo an initial medical examination by the facilityʼs medical staff in order to identify sick persons and persons in need of medical assistance.
Medical care for persons subjected to administrative detention shall be provided in special reception facilities in the manner established by the internal rules, or in state healthcare institutions in the manner established by the Ministry of Health of the Republic of Uzbekistan and the Ministry of Internal Affairs of the Republic of Uzbekistan.
Where bodily injuries are identified in persons subjected to administrative detention in special reception facilities, they shall immediately undergo medical examination by the medical staff of the special reception facility. The prosecutor shall be notified without delay of the results of the medical examination.
Persons who, according to the conclusion of a medical worker of the special reception facility, require inpatient care shall be sent to state healthcare institutions. When inpatient medical care is provided to persons subjected to administrative detention, their relatives or another person indicated by the detainee shall be promptly notified. The time spent receiving inpatient medical care shall be counted toward the term of serving administrative detention.
Persons subjected to administrative detention shall have the right, on medical indications and with the permission of the medical worker of the special reception facility, to use prescribed medicines and preparations necessary for them.
Medical services to persons subjected to administrative detention in special reception facilities shall be financed from the State budget of the Republic of Uzbekistan.
The administration, staff and medical workers of the special reception facility shall ensure regular disinfection and other sanitary-hygienic measures.
Chapter 5. Rights and obligations of the administration and staff of the special reception facility
Article 22. Rights of the administration and staff of the special reception facility
Within their competence, the administration and staff of the special reception facility shall have the right to:
verify documents entitling lawyers, relatives and other persons to meet with persons subjected to administrative detention;
take measures to ensure entry/exit control and the internal regime of the facility, use technical means of surveillance and inspection, and inspect vehicles entering and exiting the territory of the special reception facility;
conduct personal searches of persons subjected to administrative detention, register their fingerprints and photograph them, and inspect documents, money, valuables, items and other belongings in their possession;
inspect postal items and remittances received or sent by persons subjected to administrative detention;
seize from persons subjected to administrative detention documents, money, valuables, items and other belongings whose storage, distribution, consumption or use is prohibited;
demand that persons subjected to administrative detention and other persons on the territory of the special reception facility immediately cease actions that hinder the performance of official duties by the administration and staff, take measures to suppress and eliminate such actions, and bring the guilty to liability in accordance with the law;
with the written consent of the person subjected to administrative detention, engage him/her in paid work, as well as in unpaid physical work related to sanitary-hygienic and household maintenance of the premises of the special reception facility and improvement of the territory of the internal affairs body or the special reception facility;
apply, in respect of persons subjected to administrative detention, physical force and special means, as well as measures of encouragement and disciplinary penalties, in accordance with legislation.
The administration and staff of the special reception facility may also have other rights in accordance with legislation.
Article 23. Obligations of the administration and staff of the special reception facility
The administration and staff of the special reception facility shall:
require compliance by persons subjected to administrative detention and by other persons on the territory of the special reception facility with the requirements of this Law and the internal rules;
organize enforcement of the decision on administrative detention;
from the moment a person is placed in the special reception facility, grant him/her the right to make a telephone call or otherwise notify a lawyer, relatives or other persons of such placement;
grant meetings to persons subjected to administrative detention with a lawyer, relatives or other persons;
ensure the safekeeping of documents, money, valuables, items and other belongings taken from persons subjected to administrative detention and listed in the records of the personal search and inspection of belongings, and ensure their return upon release of the person or take other measures in respect thereof in the manner established by legislation;
provide persons subjected to administrative detention with information on the procedure and conditions for serving administrative detention and on their rights and obligations, and inform such persons of the use of technical means of surveillance and inspection;
ensure that persons subjected to administrative detention are held under conditions that meet the established norms and rules for material and household conditions and that ensure their personal security and health, and ensure observance of other rights of such persons;
create conditions for persons subjected to administrative detention to fulfil the obligations established by this Law and the internal rules;
exercise control over compliance by persons subjected to administrative detention with the procedure for serving administrative detention;
ensure unhindered access to the special reception facility by the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman), his/her deputy, regional representatives in the Republic of Karakalpakstan, regions and the city of Tashkent, and by staff of the Anti-Corruption Agency of the Republic of Uzbekistan, and ensure their security;
immediately notify the prosecutor of any identification of bodily injuries in persons subjected to administrative detention and of each case in which, as a result of the use of physical force or special means, harm has been caused to the life or health of persons subjected to administrative detention or other persons;
exercise control over compliance with the entry/exit regime and the internal regime of the facility by persons arriving at or present on the territory of the special reception facility.
Other obligations may also be imposed on the administration and staff of the special reception facility in accordance with legislation.
Chapter 6. Procedure for recovery of costs of holding persons subjected to administrative detention and for engaging them in work
Article 24. Recovery of costs of holding persons subjected to administrative detention and release from such costs
By decision of a judge of a district (city) criminal court, and under a state of emergency also by decision of a military commandant or the head of an internal affairs body, the costs associated with holding a person in a special reception facility shall be recovered from persons subjected to administrative detention in an amount of 15 percent of the base calculation amount (BCA) for each day.
Where, during the period of serving administrative detention, the person works and thereby compensates the costs of his/her holding in the special reception facility, such costs shall not be recovered. Persons subjected to administrative detention who are incapable of work shall likewise be exempt from recovery of such costs.
In certain cases, taking into account specific circumstances, the personʼs financial situation and identity, he/she may be released from recovery of the costs of holding in a special reception facility by decision of a judge of a district (city) criminal court, and under a state of emergency also by decision of a military commandant or the head of an internal affairs body.
Recovery of the costs associated with holding persons subjected to administrative detention in special reception facilities shall be carried out in the manner prescribed by legislation.
Article 25. Engagement of persons subjected to administrative detention in paid work
With their written consent, persons subjected to administrative detention shall be engaged in paid work, except for persons incapable of work.
Organization of the use of labour of persons subjected to administrative detention shall be entrusted to district (city) khokimiyats (local executive authorities).
Working hours and remuneration for the labour of persons subjected to administrative detention shall be determined in accordance with labour legislation.
Remuneration for persons who have fulfilled the established volume of work shall not be lower than the amount established by legislation for the first grade of the Single Tariff Scale of remuneration.
Funds obtained from the use of the labour of persons subjected to administrative detention shall be directed to their holding and feeding in special reception facilities.
The amount exceeding the cost of holding and feeding in special reception facilities shall be transferred to special bank accounts opened in the names of such persons.
Article 26. Engagement of persons subjected to administrative detention in unpaid physical work
With their consent, persons subjected to administrative detention may be engaged in unpaid physical work, for no more than two hours per day, related to sanitary-hygienic and household maintenance of the premises of the special reception facility and to improvement of the territory of the internal affairs body or the special reception facility.
Engagement in unpaid physical work shall be carried out taking into account the state of health of the persons and on a rotation basis.
Persons subjected to administrative detention who are incapable of work shall be exempt from engagement in unpaid physical work.
Chapter 7. Incentives and disciplinary penalties applicable to persons subjected to administrative detention
Article 27. Incentives for persons subjected to administrative detention
The following incentives may be applied to persons subjected to administrative detention who comply with the internal rules and conscientiously perform work:
announcement of gratitude;
granting the right to one additional limited telephone call within the territory of the Republic of Uzbekistan;
extension of the daily walk time to up to three hours.
Incentives shall be applied by order of the head of the special reception facility or his substitute and shall be announced to the person subjected to administrative detention.
Article 28. Disciplinary penalties applicable to persons subjected to administrative detention
The following disciplinary penalties may be applied to persons subjected to administrative detention who violate the requirements of this Law and the internal rules:
warning;
deprivation of the next right to a telephone call;
extraordinary engagement in unpaid physical work.
Disciplinary penalties shall be applied by order of the head of the special reception facility or his substitute and shall be announced to the person subjected to administrative detention.
Persons subjected to administrative detention shall have the right to appeal a disciplinary penalty to a superior official, to the prosecutor or to a court. Submission of an appeal shall not suspend enforcement of the disciplinary penalty.
Chapter 8. Use of physical force and special means
Article 29. Conditions for the use of physical force and special means
The use of physical force and special means shall not result in the infliction of torture on persons subjected to administrative detention, nor shall it be carried out in a cruel, inhuman or degrading manner. Each case in which harm is caused to the life or health of persons subjected to administrative detention or other persons as a result of the use of physical force or special means shall be immediately reported to the prosecutor.
Article 30. Physical force
Physical force may be used against persons subjected to administrative detention in order to suppress crimes and other offences and to overcome their resistance to the lawful demands of staff of the special reception facility, where it is impossible to ensure compliance with such lawful demands by other means without the use of physical force.
Article 31. Special means
Special means may be used to suppress unlawful acts of persons subjected to administrative detention and to prevent self-harm.
Special means include restraining garments, rubber batons, handcuffs or other restraining devices, tear agents, devices producing distracting light and sound effects, devices for opening rooms, and other means provided by law.
Special means shall be used in the following cases:
repelling attacks by persons subjected to administrative detention against staff of the special reception facility, against other persons subjected to administrative detention, or against third parties;
suppressing mass disorders and group violations of public order committed by persons subjected to administrative detention;
apprehending offenders who stubbornly refuse to obey or resist staff of the special reception facility;
apprehending persons subjected to administrative detention who have escaped from the special reception facility;
guarding persons subjected to administrative detention in order to prevent their escape from the special reception facility.
Where persons subjected to administrative detention experience fits, the use of a restraining garment shall be permitted.
The types and sequence of use of special means shall be determined taking into account the situation that has arisen, the nature of the offence and the offenderʼs identity. The use of special means shall cause the least possible harm to persons subjected to administrative detention and to other persons.
A restraining garment shall be used with the participation of a medical worker of the special reception facility and its duration shall not exceed two hours.
It shall be prohibited to use special means against women and persons with visibly apparent disabilities, except in cases of active or armed resistance by them or in cases of group attacks that pose a real threat to the life and health of other persons subjected to administrative detention, of third parties, or of staff of the special reception facility.
Chapter 9. Release of persons subjected to administrative detention from special reception facilities
Article 32. Procedure for releasing persons subjected to administrative detention from special reception facilities
Persons subjected to administrative detention shall be released from special reception facilities in the following cases:
when the decision imposing administrative detention as a type of administrative penalty is annulled;
upon expiry of the term of administrative detention.
Upon release, the administration of the special reception facility shall arrange a medical examination of the person, return against a receipt (except for non-returnable items) the documents, money, valuables, items and other belongings taken from him/her upon admission, and issue a certificate of release in the established form.
Where necessary, the administration shall provide the released person with travel documents and, according to established norms, foodstuffs for the journey to his/her place of residence.
Article 33. Termination of the term of administrative detention due to the death of the person subjected to administrative detention
If a person subjected to administrative detention dies, the administration of the special reception facility shall immediately inform his/her relatives, legal representative and the prosecutor. A pre-investigation review shall be carried out of the fact of death in the manner prescribed by the Criminal Procedure Code of the Republic of Uzbekistan.
After a forensic medical examination of the body and performance of other actions provided for by the Criminal Procedure Code of the Republic of Uzbekistan, the body shall be handed over to the spouse, parents, children or other relatives, or to legal representatives, or to other persons who have undertaken the obligation to carry out the burial.
If no application for the body is received from the spouse, parents, children or other relatives, or from legal representatives, or from other persons who have undertaken the obligation to carry out the burial, the burial of the deceased shall be carried out in the manner prescribed by legislation.
Chapter 10. Final Provisions
Article 34. Financing of special reception facilities
Financing of special reception facilities shall be carried out from the State budget of the Republic of Uzbekistan and from other sources not prohibited by legislation.
Article 35. Inspection and supervision of the activities of special reception facilities
Inspection of the activities of special reception facilities shall be carried out by the Ministry of Internal Affairs of the Republic of Uzbekistan.
Supervision over observance of laws in special reception facilities shall be exercised by the Prosecutor General of the Republic of Uzbekistan and subordinate prosecutors.
Compliance with legislation during the serving of administrative detention shall be ensured through regular inspections by authorised higher bodies and officials, prosecutorial supervision, and the right to lodge complaints.
Article 36. Complaints against actions (inaction) of the administration and staff of special reception facilities
Actions (inaction) of the administration and staff of special reception facilities may be appealed, in the prescribed manner, to a higher authority, to the prosecutor or to a court.
Article 37. Liability for violation of legislation on the procedure for serving administrative detention
Persons guilty of violating legislation on the procedure for serving administrative detention shall be held liable in the prescribed manner.
Article 38. Repeal of certain legislative acts
The following shall be declared null and void:
1. The Law of the Republic of Uzbekistan “On recovery of costs of holding persons subjected to administrative detention” No. 68-I of 6 May 1995 (Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1995, No. 6, Article 116);
2. Paragraph 1 of the Resolution of the Oliy Majlis of the Republic of Uzbekistan “On entry into force of the Law of the Republic of Uzbekistan “On recovery of costs of holding persons subjected to administrative detention” No. 69-I of 6 May 1995 (Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1995, No. 6, Article 117).
Article 39. Bringing legislation into conformity with this Law
The Cabinet of Ministers of the Republic of Uzbekistan shall:
bring government decisions into conformity with this Law;
ensure that state administration bodies review and repeal their normative legal acts that contradict this Law.
Article 40. Entry into force of this Law
This Law shall enter into force twenty-four months after the date of its official publication.
President of the Republic of Uzbekistan SH. MIRZIYOYEV
