Uzbekistan's Constitutional Court has ruled unconstitutional a legal provision that allowed individuals to be held in administrative detention for up to three days, and up to ten days without identity documents, with a prosecutor's sanction. The decision was issued on September 22 following an appeal by the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman). The contested norm was part two of Article 288 of the Code of Administrative Responsibility, which applied to persons who violated border regime rules or regulations at state border crossing points.

Article 27 of the Constitution prohibits holding a person without a court decision for more than 48 hours. However, the disputed provision permitted detention of border regime violators for up to three days, and in the absence of an identity document, up to ten days with a prosecutor's approval. The Constitutional Court noted that the existing procedure did not require obtaining a court decision to extend detention beyond 48 hours, thus contradicting the constitutional guarantee.

The court specifically emphasized that notification of a prosecutor or their sanction cannot substitute for a court decision required to hold a person for more than 48 hours. This clarification is seen as a significant step in strengthening judicial oversight over restrictions on personal freedom and protecting citizens from arbitrary administrative detention.

According to the Ombudsman's appeal, six complaints were filed by citizens between 2025 and 2026 regarding administrative detention exceeding 48 hours. These cases prompted the Constitutional Court's review.

Earlier, Uzbekistan had proposed expanding the powers of administrative courts to protect the rights of citizens and entrepreneurs. The current Constitutional Court ruling is viewed as a continuation of these reforms aimed at aligning legislation with the Basic Law and enhancing judicial protection.

Source: podrobno.uz