Honor and dignity are inviolable

Updating the Constitution of Uzbekistan is a vital necessity due to the evolutionary development of the state, and it seems to be a particularly significant stage for determining the next progressive steps of our society. 
The new version of the Constitution provides for guarantees implying that the priority of personal human rights and freedoms is the highest task of the State.
Through the prism of this approach, the draft Constitution has increased the number of human rights norms by more than 3.5 times. From now on, the constitutional task is established for State bodies and officials to carry out their activities exclusively in the interests of citizens.
Personal inviolable rights constitute a single complex legal institution, which has incorporated personal guarantees from various branches of law.  Basic guarantees of personal inviolability rights are also enshrined in fundamental international documents. Article 26 of the updated Constitution states that the honor and dignity of a person are inviolable. Nothing can be a reason to belittle them.
As noted by the head of state, the updated Constitution is designed to serve as a solid legal basis and a reliable guarantor of the implementation of long-term development strategies of our state, the prosperous life of the country and the people. In short, the essence and content of the Constitution should be filled with the idea of "In the name of human honor and dignity" and be based on the main principle of our current reforms "man — society — state", which are designed to become a fundamental value in our daily life. That is, the honor and dignity of a person should now be at the forefront of transformations in all spheres. The new constitutional norm is meaningfully stated precisely on the basis of this paradigm.
When it comes to these inviolable rights, it should be noted the importance of the "Habeas Corpus Act" — a universally recognized historical document that laid the foundation for a new era of ensuring individual freedoms. 
In Uzbekistan, the Habeas Corpus Institute was introduced in 2008. In recent years, the scope of its application has been consistently expanding, and judicial control over the investigation has been significantly strengthened. 
Considering the chronology of the development of this institution in national legislation, it should be noted that in 2008-2016, the powers to apply a number of measures of procedural coercion were transferred from the prosecutor's office to the courts. According to the practice of authorizing preventive measures in the form of detention, the following statistics can be cited: in 2022, 24,118 petitions were received from the investigative bodies to the court, 23,503 of which were granted, 485 petitions were rejected, that is, the courts prevented the unjustified use of arrest against 485 people.
In 2017-2021, the scope of judicial control at the pre-trial stages was further expanded, the powers to authorize a number of procedural measures and investigative actions restricting the constitutional rights of an individual were transferred to the courts. Also in 2017, the period of detention of a person from the moment of actual restriction of his right to freedom of movement was reduced from 72 to 48 hours, which further strengthened the institution of Habeas corpus in national legislation.
Now, as a logical continuation of the process of expanding the scope of application of this institution, the procedure for judicial authorization of almost all investigative actions restricting the inviolability of private property and the inviolability of privacy is being fixed at the constitutional level. From now on, the inquirer, investigator and prosecutor are obliged to justify to the court the need for wiretapping, search, and seizure of property. 
As a result of judicial control over the production of these actions, unjustified restrictions on the inviolability of private property of citizens and the inviolability of their privacy will be prevented. Since at the pre-trial stage the court is absolutely impartial and has no departmental or other interests in the criminal case.
These guarantees are also enshrined in generally recognized international documents. Article 12 of the Universal Declaration of Human Rights states that no one may be subjected to arbitrary interference in his personal and family life, arbitrary attacks on the inviolability of his home, the secrecy of his correspondence or on his honor and reputation. Everyone has the right to the protection of the law against such interference or such encroachments.
Similarly, article 17 of the International Covenant on Civil and Political Rights provides that no one may be subjected to arbitrary or unlawful interference with his personal and family life, arbitrary or unlawful attacks on the inviolability of his home or the secrecy of his correspondence, or unlawful attacks on his honor and reputation.
Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms establishes "the right to respect for private and family life, housing and correspondence."
These guarantees of inviolability are also reflected in the constitutions of a number of foreign States. For example, according to the Fifth Amendment of the US Constitution, "no one may be deprived of life, liberty or property without due process of law."
The logically consistent expansion of the institution of Habeas Corpus in our Basic Law enshrines the inviolability of privacy, private property and housing, and also establishes the constitutional rule of the inadmissibility of restricting these rights without a court decision.
The new guarantees mentioned above are generally recognized international standards, the constitutional consolidation of which will ensure the operation of a new and reliable mechanism for protecting the rights and freedoms of our citizens. 
At the same time, the establishment of these progressive rules in the Constitution will serve to deter law enforcement agencies from illegal actions, respect the honor and dignity of citizens on their part, and prevent arbitrary restrictions on the rights of personal inviolability. This will help strengthen citizens' confidence in the judiciary.
Since the updated Constitution establishes the priority of human rights and freedoms as the main task of the rule of law, which thereby imposes an obligation on itself, the life of society and citizens will proceed solely on the basis of the Constitution and laws.  

Mirzayusup Rustambayev, 
Doctor of Law, Professor,
Honored Lawyer of Uzbekistan, member of the Constitutional Commission.