"When struck on the right cheek, don’t offer the left" - a reflection on the right to remain silent and the right to an attorney.

Kun.uz conducted an interview regarding the imposition of penalties for administrative offenses, featuring Judge Sarvar Mamadiev of the Chilanzar District Court, human rights defender Abdurakhmon Tashanov, and lawyer Abdumalik Abdullayev. The discussion focused on the role of lawyers in courts and the protection of citizens' rights.

– In courts dealing with administrative offenses, the participation of lawyers is not mandatory. As a result, many individuals receiving a 15-day arrest sentence participate in the court process without legal representation. Court decisions often become public knowledge later, causing public outcry. Why is the involvement of lawyers in administrative cases not compulsory?

Abdumalik Abdullayev, lawyer:

– There is a Law "On Providing Legal Aid at the Expense of the State." It clearly outlines who is eligible for state-funded legal assistance — specifically, individuals facing penalties for offenses that involve administrative detention, provided they are low-income. According to the law, they can request the services of a lawyer appointed from a designated registry.

However, there is a gap in the law: for a person to request a lawyer, their rights must first be explained. Article 294 of the Code of Administrative Offenses states that individuals must be informed of their rights to utilize legal services. When drafting a protocol for an administrative offense, all rights and obligations must also be thoroughly explained. Yet, if one examines the protocols, it is evident that citizens are not informed of their rights. Consequently, some individuals are unaware of their rights and the opportunity to seek legal assistance.

If we adhere to the law, the involvement of state lawyers in administrative cases becomes mandatory only if: the individual has submitted a relevant request, they are low-income, and the penalties for the offense involve administrative detention. The key point here is that during interactions between a representative of the state and a person potentially facing administrative liability, their rights must be clarified. If rights have been explained, the decision to engage a lawyer remains at the discretion of that individual.

Sarvar Mamadiev, Judge of the Chilanzar District Court:

– In cases of administrative offenses where administrative detention is applied, the state is not always one of the parties involved. The other party may be the plaintiff — a citizen. If this individual wishes to obtain legal protection, I suspend the proceedings. Once the defender reviews the case materials and expresses readiness to provide legal assistance, we resume the hearing.

According to the law, cases involving administrative detention must be reviewed within 24 hours. Since the person is in custody, we cannot delay the proceedings for ten days. If their guilt is not established, they should be released, as isolation from society is the most severe measure.

The second question is about the mandatory involvement of a lawyer. The answer can be found in the Criminal Procedure Code (CPC). The CPC lists nine instances where lawyer participation is obligatory. In four of those cases, even if the defendant refuses a defender, the judge or prosecutor may mandate a lawyer's involvement. Our legislation, particularly in the CPC, stipulates that in cases where a preventive measure of arrest is applied, lawyer participation is mandatory. This rule should also extend to the Code of Administrative Offenses. If the penalty for an administrative violation involves arrest, the involvement of a professional defender should be compulsory.

As a judge, I can say that cases involving lawyers are easier to handle. A lawyer helps the court weigh the arguments of both sides and reach a fair decision.

Abdumalik Abdullayev:

– As of January 1, 2025, a registry of lawyers providing state-funded legal assistance has been established, now including over 1000 lawyers. From now on, only lawyers from this registry will be able to participate in cases at the state's expense. This means that lawyers who regularly participate in judicial or investigative processes will be pre-selected by the state. If a judge or investigator engages "duty" lawyers not listed in this registry, those lawyers will not be eligible for payment from the state. Moreover, if this legal requirement is violated during investigative actions, there may be grounds to consider the collected evidence "inadmissible" due to non-compliance with legal requirements during its gathering.

– Is the court's working time taken into account when considering administrative cases? And is there an obligation to notify relatives or the legal representative of the individual recognized as the offender?

Sarvar Mamadiev, Judge:

– When materials regarding an administrative offense are submitted to the court, if the sanction includes a penalty of arrest, we are required to review these materials within 24 hours. Is such an analysis currently being conducted? Yes. For instance, starting January 1, 2025, based on a presidential decree, judges handling administrative offenses have been separated. Previously, judges dealing with criminal cases also reviewed administrative ones, imposing sanctions for arrests or addressing issues of restricting constitutional rights at the prosecutor's request. Now the approach has changed. Investigative judges have been introduced.

How can this be explained? Imagine just finishing discussions on several serious and particularly serious criminal cases, and then being handed an administrative matter. How would you feel? For example, can you carefully read a short story of 15 pages after studying "Khamsa" by Alisher Navoi? These aspects, in my view, have been taken into account by the leadership.

Regarding the time taken to review administrative offense cases, if the judge's working hours are over, and the individual cannot be held in custody for more than 24 hours, the judge must review the case within that timeframe. Judges are called in such cases, and they cannot postpone the hearing to the next day if the detention period exceeds 24 hours. The material is reviewed immediately upon its submission. A decision on imposing a 15-day arrest is made only when there are grounds, and the person's actions meet legal requirements and pose a threat to society. This does not mean that they are "brought in and immediately sent for 15 days."

Our task is not only to punish but also to enhance the legal awareness and legal culture of society. There is a so-called Miranda rule ( Article 28 of the Constitution of Uzbekistan), which provides the right to remain silent. If a person is unaware of this rule and shares everything, even the best lawyer will not be able to help. The right to a lawyer requires awareness: a person may think that due to a fine of 375,000 sums, they do not need to contract with a lawyer and pay large sums. But if you are struck on the right cheek, it does not mean you must offer the left. One must know how to defend oneself. It is essential to put everything in its place; in jurisprudence, there is no room for simply agreeing with everything.

After the court's decision on administrative offenses, there is an obligation to notify relatives. The individual must be informed via message or call, so relatives know where the person is located. Law enforcement agencies do not notify, but a detained citizen should be given the opportunity to inform their relatives by phone.

The full version of the interview can be viewed in the video above.

Farrukh Absattarov .