The Constitution is the passport of the people

All kinds of mechanisms are being strengthened, including almost all modern methods of protecting the rights of citizens who have violated the law.

For example, the principles of Habeas Corpus and Miranda Warning, which are included in the Constitution of Uzbekistan in a new edition, are proof that the guarantees of human rights and freedoms, including their universally recognized institutions, are being strengthened at the constitutional level.

In general, we can say that the substantive aspects of the above-mentioned institutions are set out in several articles of the Basic Law aimed at protecting the honor and dignity of a person, explaining the basic rights of a suspected citizen during detention, before the trial.

Let’s talk about the origin of these articles and what new directions they imply...

As is known, at the meetings of the Senate and the Legislative Chamber of the Oliy Majlis, President of the Republic of Uzbekistan Shavkat Mirziyoyev put forward several initiatives related to ensuring the protection of human honor and dignity, his rights and freedoms, which should be reflected in the Constitution of Uzbekistan.

Specific proposals were made on the mandatory inclusion of norms in the Constitution related to the institutions of Habeas Corpus, Miranda Warning and “presumption of innocence”. So, proceeding from this, article 27 in the new edition stipulates that everyone has the right to freedom and personal inviolability. No one may be subjected to detention or detained except based on the law. Arrest, custody and detention or another type of restriction of freedom are allowed only by a court decision.

What does it mean?

When our citizens are brought to any investigation and inquiry bodies, their rights must be explained to them, as well as the reasons for their detention, why they were taken to a state body. This reflects the principle of the Habeas Corpus Institute.

In Uzbekistan, the Habeas Corpus Institution has been introduced since 2008, and over the years the scope of its application has been consistently expanding, judicial control over the investigative process is being strengthened.

We can see the reflection of this principle in Article 27, as well as other relevant articles of the renewed Constitution of Uzbekistan.

One of such guarantee of human honor and dignity, rights and freedoms of citizens is the Miranda Warning. It should be noted that the Miranda Warning included in the Constitution is a legal requirement according to which, during detention, the detainee must be notified of his rights, and the law enforcement officer detaining him must receive a positive answer to the question of whether he knows about his rights.

The consolidation of the Miranda Warning in the renewed Constitution will serve to ensure the rights and freedoms of our citizens in any conditions, whether in public places, on the street, or during a tourist trip.

Thus, the essence of this rule is enshrined in Article 27 of the renewed Constitution as follows: “When a person is detained, his rights and grounds for detention must be explained in a language he understands”.

In a word, the consolidation of the Miranda Warning at the constitutional level will ensure an impartial investigation of a criminal case, preventing the use by investigative authorities of any illegal actions and prohibited methods.

UzA