Dmitriy Alaye, Deutsche Welle
The authorities of Uzbekistan held re-attestation of lawyers. According to human rights, that was the next step to limit the possibilities of legal protection of citizens. Prior to that, the institution of public defenders was abolished.
According to recent media reports, individual lawyers and human rights, the law practice is changing radically in Uzbekistan over last years. Previously, a defendant may not only be invited to his defense lawyer whom he trusts, but also use the services of a public defender. Any citizen could stand as a public defender even without a legal education.
Human rights were removed from protection
Often, the role of defenders of human rights performed defenders who are playing a prominent role. Head of the Initiative Group of Independent Human Rights Defenders in Uzbekistan Sukrat Ikramov argued that many defendants seeking acquittal only through an independent public defender.
The power of public defenders was not to know the issue legally, but rather to rely on common sense. This was often more efficiently, as fully exposes all the ridiculous accusations, especially when it concerned the so-called religious extremism, and so on. However, the Ministry of Justice of Uzbekistan has decided that attendance of public defenders at courts unnecessary and stopped the practice.
Lawyers failed to protect themselves
Lawyers see this decision contradicting to the legislation. One of the best-known advocates, Rustam Tulaganov explained Deutsche Welle correspondent by telephone: "At first, human rights activists were prohibited to attend at courts and a law making necessary higher education of public defenders was issued. If there are lawyers, then why do we need human rights ... this is nonsense, as a public defender is a public. Anyone may be a public defender, but nobody can defend a defendant better than those people who live with him.
Who failed the re-attestation
Re-attestation of lawyers was announced after the institute of public defenders was abolished. The authorities explained this step with lawyers must satisfy their qualification.
There were lawyers of the state control who failed re-attestation for unknown reasons. All other have passed the exams successfully, said human rights activist Elena Urlayeva. "I believe that our government has deliberately pursued lawyers who are independent and those that protect the political and human rights defenders who are not afraid to seek prosecution for officials," she said.
The authorities intensify control
According to Urlayeva, the authorities use the attestation as a tool taking control over lawyers. Rustam Tulaganov explained that our registration was not canceled, i.e. were awarded the license for term of life in 1997. Then we all passed exams and got license. The authorities should first cancel them and introduce a new one. A lawyer Chamber was established, which none of us has elected or appointed.
Tulaganov explained that the attorney in Uzbekistan is a formal private and nonprofit system, as written in the law. "We must rise from the bottom up, that is, we, lower lawyers, and must appoint a guide ourselves. But this principle has been violated and contraries to the existing Constitution of the Republic of Uzbekistan". Tulaganov also recalled that the Tashkent attorney guild was broke up together with re-attestation. No respond has been made to the letter addressed to the president and the Constitution Court.
Overburden...
Tulagov has failed the exams. Although, he stated that he answered to all questions. Evidently, I realized that I really should be among those who do not surrender.He was among those lawyers who failed the exams due to their prior political activity. "Five best lawyers from the Bukhar province also failed the exams, including Chabonyan from our board. He is a very literate lawyer. I do not know the exact number of lawyers who have failed exams.
Disagreeable were deprived of license
Tulaganov explain pressure as the result of his professional activity. "This is due to the fact that I defended mainly accused of Wahhabism, and fought for them, I have argued that they are absolutely not guilty, 98 percent of cases are innocent. There were one or two blamed whose guilty must be proved. All this was reflected in my complaints and allegations. I have also defended journalists, clergy and Yusuf Juma by the way. Now all these people are left without protection. Simply, we have decided to show that in fact we did not present itself." Elena Urlaeva adds: "Ultimately, those lawyers who objectionable authorities, they just lose their license and everything. And only amateurs and those who are afraid will defend."
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