Liberty and Security of a Person in Criminal Procedure of Uzbekistan: Analysis of Criminal Procedure Legislation of Uzbekistan in the light of Article 9 of the International Covenant on Civil and Political Rights - JEEL Vol. 10 No. 2

JEEL Vol. 10 No. 2

 

One of the core elements of international protection of the rights
and freedoms of individuals is the prohibition of arbitrary deprivation
of liberty and security. The international law has developed a set of
rules that govern the power of a government to arrest and detain a
person. The main legally binding international human rights
instruments, which stipulate the standards of the rules, are the UN
International Covenant of Civil and Political Rights (art. 9),
European Convention on Human Rights (art. 5), American
Convention on Human Rights (art. 7) and the African Charter on
Human and Peoples’ Rights (art. 5). With the efforts of UN
institutions, the following non-binding bodies of principles and
guidelines appeared as the interpretation of the provisions of
instruments:
• Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment, adopted by General
Assembly resolution 43/173 of 9 December 1988;
• United Nations Rules for the Protection of Juveniles Deprived
of their Liberty, adopted by General Assembly resolution
45/113 of 14 December 1990;
• Code of Conduct for Law Enforcement Officials, adopted by
General Assembly resolution of 17 December 1979;
• Basic Principles on the Role of Lawyers, adopted by the
Eighth United Nations Congress on the Prevention of Crime
and the Treatment of Offenders, Havana, Cuba, 27 August to
September 1990;