On July 6, 2023, the Ministry of Internal Affairs (MIA) of Uzbekistan denied Renat Tajimuratov the right to act as the legal defender of his brother, Dauletmurat Tajimuratov, who is currently held in Correctional Institution No. 11 in Navoi. This decision remains in effect to this day. Such an action directly violates Uzbekistan’s national legislation, including the Constitution, the Criminal Procedure Code (CPC), and the Penal Execution Code (PEC).
Under Article 49 of the CPC of Uzbekistan, “by a resolution of an investigator, inquirer, or court ruling, a close relative or legal representative of the suspect, accused, or defendant may be admitted as a defender alongside an attorney at the request of the individual.” Renat Tajimuratov was officially recognized as the legal defender of Dauletmurat Tajimuratov through a court ruling.
However, after the sentencing and subsequent transfer of Dauletmurat Tajimuratov to Correctional Institution No. 11, the MIA of Uzbekistan refused to grant Renat Tajimuratov the right to visit him or fulfill his role as a legal defender. The refusal was justified based on Article 10 of the PEC.
The MIA’s refusal is legally unfounded for the following reasons:
- The PEC does not distinguish between the rights of attorneys and other legal defenders. If attorneys are granted the right to visit prisoners, then defenders appointed under the CPC should have the same rights.
- The Constitution of Uzbekistan Article 29 guarantees everyone the right to defense and explicitly states that individuals have the right to legal assistance and protection. Denying Renat Tajimuratov to continue defending Dauletmurat undermines the constitutional framework of the country for legal and fair representation and defense.
- The PEC does not contain provisions explicitly prohibiting defenders from visiting prisoners. Consequently, the MIA’s refusal contradicts the principles established under the CPC and PEC.
As a result of the MIA’s decision, Renat Tajimuratov is unable to perform his duties as a legal defender, including:
- Visiting Dauletmurat Tajimuratov in prison,
- Representing his interests,
- Filing petitions,
- Challenging court decisions and other actions of state institutions on his behalf.
This effectively deprives Dauletmurat Tajimuratov of his right to defense, a right enshrined in both national legislation and international human rights treaties.
Freedom for Eurasia calls on the Government of Uzbekistan, the Office of the Ombudsman, international organizations, and democratic countries to ensure that Dauletmurat Tajimuratov is allowed to fully exercise his legal rights and to have access to his defender. Having already endured significant injustice and being sentenced to 16 years in prison for his views and the exercise of his fundamental human rights, it is imperative that his basic rights are respected and upheld in accordance with the law.
