Uzbekistan
Uzbekistan has dedicated counterterrorism legislation in place. There are different definitions in a 2000 law and the Criminal Code.
The Definition of Terrorism in Domestic Law
The Criminal Code defines terrorism as follows:
violence, the use of force, other acts that create a danger to a person or property, or the threat of their implementation to compel a State body, international organization, their officials, an individual or legal entity to commit or refrain from committing any activity in order to complicate international relations, violation of sovereignty and territorial integrity, undermining the security of the state, provoking war, armed conflict, destabilizing the socio-political situation, intimidating the population.Art. 155, Criminal Code of Uzbekistan.
Article 2 of the 2000 Law on Combating Terrorism defines “terrorism” as
violence, a threat of violence or other criminal acts, posing threat to human life and health, threat of destruction (damage) of property and other material objects, aiming to force a State, an international organization, an individual or a legal entity to commit or restrain from certain actions, complicate international relations, violate sovereignty and territorial integrity, undermine national security, provoke armed conflicts, intimidate population, cause socio-political destabilization, achieve political, religious, ideological and other objectives that entail liability under the Criminal Code of the Republic of Uzbekistan.
Adherence to Global and Regional Terrorism Treaties
Uzbekistan is a State Party to all of the main United Nations treaties on terrorism.
Treaty | Adherence |
---|---|
1973 Convention on Crimes against Internationally Protected Persons | State Party |
1979 Hostage-Taking Convention | State Party |
1997 Terrorist Bombings Convention | State Party |
1999 Terrorist Financing Convention | State Party |
2005 Nuclear Terrorism Convention | State Party |
There is no regional treaty on terrorism to which Uzbekistan can adhere.
Laws and Penalties for Terrorist Offences
Life imprisonment is imposable for certain terrorism offences. The minimum sentence under the Criminal Code is eight years in prison.Art. 155, Criminal Code of Uzbekistan.
Counterterrorism Capacities and Policies at Domestic Level
Uzbekistan's national security forces have dedicated counterterrorism expertise. In 2018, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) trained Uzbek law enforcement officers on human rights and counterterrorism policing.
Caselaw and Views of UN Treaty Bodies and Special Procedures
The Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism
The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism conducted an official visit to Uzbekistan from 29 November to 7 December 2021. The Special Rapporteur expressed concerns about the two definitions of terrorism: one in article 155 of the Criminal Code and another in the 2000 law on combating terrorism, noting that
this duality raises concerns regarding the principle of legal certainty and could give undue leeway to those charging individuals for these offences, particularly given the fragmentation of prosecutorial authority and the role of the State security services in investigating these crimes and prosecuting those responsible.Para 23, 2022 Uzbekistan Report of the Special Rapporteur on counter-terrorism and human rights.