Organization : Ombudsman of Uzbekistan
Type of Facility : Procedure For Filing Complaints
Country: Uzbekistan
Procedure For Filing Complaints :
Procedure for filing complaints with the Office of the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for human rights (Ombudsman)
Related : Legislative Chamber of Oliy Majlis Procedure For Accreditation Uzbekistan : www.statusin.org/8938.html
1. Who can file a complaint with the Office of Ombudsman?:
Citizens of the Republic of Uzbekistan and foreign citizens or stateless persons staying on the territory of the Republic of Uzbekistan, as well as third parties, including non-governmental non-commercial organizations can file a complaint with the Office of Ombudsman concerning alleged violation of rights, freedoms or legitimate interests of an individual or a group of persons, given their consent.
2. What kinds of complaints are considered by the Ombudsman?:
Ombudsman considers complaints of citizens as regards the actions or negligence of state bodies, enterprises, institutions, organizations, bodies of citizens’ self-governance, and officials that have allegedly violated their rights, freedoms or legitimate interests. Ombudsman has a right to carry out independent investigation.
Ombudsman considers complaints that were filed with his office within one year following the acknowledgement by the complainant of the fact that his/her rights, freedoms or legitimate interests were violated, or within one year following the decision as regards the complaint, in case when the complainant used other remedies for protection of his rights and liberties and was dissatisfied with taken decisions.
In most countries of the world legislation establishes a period of time during which a citizen can file a complaint with the office of Ombudsman. For example, in Pakistan it is 3 months, in New Zealand, Russian Federation and Ukraine – 1 year, in Sweden – 2 years since the moment when a citizen became aware of violation of his rights. This practice is justified, since it is quite difficult to handle late complaints in terms of performing necessary checks, obtaining information etc. It should be mentioned that these limitations are necessary and they are aimed at making Ombudsman’s Institution sustainable, since refusal from such limitations may result in uncontrollable abundance of complaints addressed to Ombudsman, which can eventually paralyze the activities of his Office.
3. Does Ombudsman consider complaints that fall under the competence and authority of the court?:
No, Ombudsman does not consider such complaints. According to the Constitution of the Republic of Uzbekistan judiciary represents the main mechanism for protection and restoration of violated human rights and freedoms. That is why the Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for human rights (Ombudsman) neither considers nor handles complaints of citizens, if the issue at stake is currently under judicial review and final court decision was not yet taken. A complaint can be considered by Ombudsman only in case when the court decision already entered into force. Here it should be emphasized that Ombudsman cannot abolish the court decision, not he can object to this decision.
4. How should a complaint be written?:
A complaint filed with the Office of Ombudsman should contain the following information: surname, name of complainant, his/her address, and title of organization, surname, name, and middle name of official, whose actions or negligence are being challenged. The matter itself should be described in detail.
In addition it is necessary to provide information on organizations that complainant already applied to concerning the issue of violation of his rights, and list the responses he received from those organizations. A complaint should be accompanied by the copies of decisions that were made following administrative or judicial procedure. If a complainant did not apply to any other organizations that are responsible for resolution of his issue, it is necessary to provide specific reasons for that.
Provision of full and complete information will facilitate and accelerate the review of complaint.
5. Specimen of complaint addressed to the Human Rights Commissioner of the Oliy Majlis of the Republic of Uzbekistan (Ombudsman):
Attn.: Mrs. S.Sh.Rashidova
Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for human rights (Ombudsman)
From ___________________________
Full surname, name
Residing at the following address:
________________________________
Mailing address, ZIP codeComplaint:
A complaint should contain the following information: request for assistance in resolving a certain issue, description of the issue, method and time of applying to state authorities in charge of resolving such issues, reasons for denial.Attachment: copies of documents received from various state bodies and authorities, addressed by complainant to resolve the issue in question.
Date :
Signature:
6. Is there any state fee for filing a complaint with the Institute of the Ombudsman?:
No, there is no state fee. All complaints are considered free of charge.
7. How can one file a complaint?:
A complaint can be presented by a citizen in person, through an authorized representative, or sent by mail. Complaints are received by Ombudsman in course of personal meeting, or by a member of the Commission for the Observance of Constitutional Human Rights and Freedoms, or by a staff member of the Secretarial Office, or by a regional representative of Ombudsman in one of the regions of the Republic of Uzbekistan.
Citizens also have an opportunity to call at “hotline” and obtain required consultation. Another important form of activity, giving a chance to understand real-life situation with human rights and obtain first-hand information lies in arrangement of off-site consultations in the regions of the Republic.
8. What kind of actions is Ombudsman empowered to undertake after receiving a complaint?:
Ombudsman has a right to:
** Accept a complaint for consideration;
** Indicate methods and ways that complainant can use to protect his rights, freedoms and legitimate interests;
** Refer a complaint to an organization or official whose is in charge of resolution of the issue in question;
** Familiarize the complainant with documents, decisions and other materials that concern his rights and legitimate interests;
** Refuse to consider a complaint (in this case it is mandatory to indicate the reasons for refusal);
** Undertake other measures not contradicting to the legislation.
Complaints received from citizens are considered by Ombudsman or by regional representatives of Ombudsman. Where it is impossible to achieve immediate resolution of issues raised in complaints, necessary follow-up activities are carried out as regards such complaints up to the moment when violated rights of complainant are fully restored.
Ombudsman can refuse to handle a complaint (mentioning reasons for refusal) if he comes to a conclusion that before applying to Ombudsman the complainant did not exhaust legal remedies envisaged by law for protection of his rights. Another reason for refusal can be the expiration of one year period for filing a complaint. Ombudsman can also refuse to handle a complaint if rules for filing complaints and applications were violated, which resulted in complainant not providing information or documents required for investigating the case. Finally, Ombudsman can refuse a complaint if the issues stated therein do not fall under the competence and authority of Ombudsman.
9. Can Ombudsman take any measures to protect the rights of citizens at his own initiative?:
Yes, he can.
10. Can Ombudsman delegate the investigation of a case to a state body or official, whose actions or negligence are being challenged?:
No, he cannot.
11. Can detainees or convicts apply to Ombudsman?:
Yes, they can. In accordance with existing legislation Ombudsman has a right to hold meetings and discussions with detainees and convicts. Ombudsman and his staff visit the penitentiary institutions on a regular basis.
12. What rights can Ombudsman exercise in the course of investigation of a complaint?:
In consideration of a complaint Ombudsman has a right to: Ombudsman) has a right to: require assistance from state bodies and officials in investigation of particular circumstances, in preparation of conclusions on issues to be clarified; visit state bodies and officials without hindrance, demand their explanations; request and receive documents, materials and other data; take part in examinations carried out by state bodies and officials as regards the issues pertaining to human rights, freedoms and legitimate interests; hold meetings and discussions with convicts or detainees; approach relevant bodies with a request to bring to liability those persons, whose activities were identified as violating human rights and freedoms.
State officials are obliged to provide the Ombudsman with requested documents, materials and other data related to alleged violations of rights, freedoms and legitimate interested of citizens. On any matter related to his activities Ombudsman has a right to be urgently received by the heads and other officials of state structures, bodies of citizens’ self-governance, enterprises, institutions and establishments, public associations.
13. Is Ombudsman entitled to receive any information amounting to a state, commercial or other secret protected by law?:
Yes, he is. The procedure for Ombudsman’s visits of enterprises, institutions and organizations the activities of which are related to state or any other legally protected secret, as well as provision of information amounting to the state or any other legally protected secret is governed by the legislation of the Republic of Uzbekistan.
14. Is it mandatory for Ombudsman to inform the complainant about the results of consideration of his/her complaint?:
Yes, it is mandatory.
15. What should Ombudsman do in case it is established that the rights of complainant were violated?:
Based on the outcomes of investigation of a complaint Ombudsman is obliged to send his conclusion, containing specific recommendations for restoration of violated rights to relevant state body or official, whose actions or negligence resulted in violation of human rights, freedoms or legitimate interests. A state body or a state official receiving conclusion of the Ombudsman is obliged to consider it and send back a response supported by specific reasons.
16. Is Ombudsman allowed to disclose any information related to private life of complainant or any other persons without their consent, that he became aware of in the course of investigation of a complaint?:
No, he is not allowed to do so. Information on private life of complainant or other persons, obtained through investigation into the cases of violations of human rights, freedoms or legitimate interests, cannot be subject to disclosure without consent of such persons.