Guidance

Information pack for British nationals arrested or detained in Uzbekistan

Updated 26 January 2024

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

This information pack aims to give you, and your family and friends, information about the local system in Uzbekistan and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)

• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance

• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.

Contact the British Embassy Tashkent.

67, Gulyamov Street Tashkent, Uzbekistan, 100000

Tel: +99878-120-1500

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

As soon as a British national is arrested or detained in Uzbekistan the Uzbek authorities should contact the British Embassy. However, the laws of the Republic of Uzbekistan do not require that law enforcement authorities inform the relevant Consulate or Embassy that one of their nationals has been detained. You should ask for the British Embassy to be informed as soon as possible after your arrest. It is your right to do so. We may also receive information from the Uzbekistan Ministry of Foreign Affairs.

We can also:

• provide a list of local English-speaking lawyers and interpreters. See also Legal assistance: lawyers and legal aid section

• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)

• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services

• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances

• tell the police or prison doctor, with your permission, about any medical or dental problems including medication

• put you or your family in touch with a prisoners’ welfare charity called Prisoners Abroad

• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards

• help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)

• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• get you out of prison or detention

• help you get special treatment because you are British

• offer legal advice, start legal proceedings or investigate a crime

• pay for any costs because you have been arrested

• forward you packages sent by friends or family

• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in Uzbekistan.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you or your family in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Uzbekistan

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Uzbekistan for the latest information on safety and security, entry requirements and travel warnings.

The investigating judge or the public prosecutor issues visiting permits. They can refuse a visit if they think that your case might be prejudiced by it.

When family or friends want to visit you, they should contact the British Embassy in advance before travelling. We will give them the address and telephone number of the judge or prosecutor so that they can apply for a visit permit. Visitors are required to apply in person (or through the lawyer) to the public prosecutor in advance of the visit and must show their passport and the permission approved by the prosecutor in charge when they arrive at the prison. These are held by the prison and the passport is returned at the end of the visit. Visitors will be searched before entering the prison, their ID will be checked as well as proof or relationship. Normally visits are allowed between 9am and 5pm but are subject to schedule of the prison.

While imprisoned you have the rights to short-term and long-term visits. Short term visits with duration up to 4 hours are permitted with relatives or other persons, long-term visits are permitted for you if you have the permission to live together with next-of-kin. Long-term visits can be substituted with a short-term one or a telephone call, and a short-term visit can be substituted with a telephone call upon the request.

• penal colonies: persons serving their sentences in colony settlements have the right to visits without limitation
• general regime: persons serving their sentences in correctional facilities under the general regime have an annual right to 4 short-term and four long-term visits
• strict regime: persons serving their sentences in correctional facilities under a strict regime have an annual right to 3 short-term and 3 long-term visits
• special regime: persons serving sentences in correctional facilities under a special regime have an annual right to 2 short-term and 2 long-term visits
• prisons: persons serving their sentences in prisons have an annual right to 2 short-term and one long-term visit
• life Imprisonment: persons serving life imprisonment have an annual right to 3 short-term visits

What to expect when you visit

Only close family are permitted to visit (parents, husband/wife, children and siblings). Closed visits are where prisoner and visitor sit either side of a glass window and speak to each other on the phone. Open visits are done in the ‘lawyers’ rooms’ where the prisoner and visitor can sit at opposite sides of a table. An appointed lawyer can organise the visit. Visitors are required to apply in person (or through the lawyer) to the public prosecutor, in advance. They’ll need to provide the following documents:

• petition letter to the public prosecutor
• photocopy of passport
• document showing relationship between the prisoner and visitor

Visitors must show their passport and the permission approved by the prosecutor in charge when they arrive at the prison. These are held by the prison and the passport is returned at the end of the visit. Visitors will be searched before entering the prison.

How often you can visit depends on various factors:

• the specific rules of the prison
• the regime type
• the prisoner’s offence
• the prisoner’s behaviour in prison

You will not normally be able to visit more than once a month.

What you can take on your visit

Each prison has different rules about the items you can take when you visit. These rules are frequently changed. Generally, only books and magazines can be brought to prisoners. As for other items such as food or tobacco, every prison has its own list of permitted and prohibited items. All bags and parcels will be searched before entry, and authorities have the right to withhold items if they are not allowed. Ask your lawyer for further information.

Visits: consular staff

We hope to visit you every 6 months. You will be called to a room in the prison, which is normally used for lawyers’ visits. You can discuss health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff. At each Consular visit, our staff will complete a form, recording details about the visit. If there is any information that you would prefer not to disclose to next of kin, you should let us know during the visit.

You may request a visit from a lawyer in writing or verbally or speak to prison social worker. You can write to us at any time on matters that concern you via the contact form but if it is urgent, it may be quicker to ask prison authorities to contact us on your behalf.

Emergency trips outside of prison

Any situations are considered on case by case basis. You will need to discuss it with your lawyer. Permission for trips outside of prison in the case of an urgent situation (e.g. funerals, illness of family) is at the sole discretion of the prison authorities. It is unlikely that overseas travel to the UK would be allowed.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

After your arrest, police will take you to the police station. If you are remanded in custody, any belongings that are not needed for the investigation, process, or evidence will be sent to the prison, if the prison has enough space to keep them. It is not unusual for some belongings to go missing right after arrest or during prison transfers.

The British Embassy cannot store your personal belongings on your behalf. The only property we can keep for you are your passport and driver’s licence. However, these are usually retained at the courts until the end of your sentence. Your passport may be kept by the courts as evidence of the alleged crime or as a condition for your bail/parole. This measure is taken by the courts to prevent you from skipping bail.

Immediately upon arriving at the police office or other law enforcement authority’s office, an officer will make a ‘custody order’ indicating:

• who has been detained
• by whom was the detainee detained
• when
• upon what circumstances
• on what legal grounds
• what crime the detainee is suspected of having committed
• what time he was brought to the police office

This order is signed by the officer, by the person(s) who has implemented detention, by you (the detainee) and by witnesses of the detention. The police will inspect your documents and justify the detention within 24 hours of arrest.

Appearing at court

When you go to court for the initial hearing, the judge will determine if you are subject to criminal prosecution. The judge will look at the facts and your alleged crime, and also the initial evidence presented by the relevant parties. You will be given the opportunity to give a statement if desired. The prosecutors and the defence will also have the opportunity to give a statement and to show the evidence they have gathered. At the end of this initial hearing the judge will inform you if you are subject to criminal prosecution or not. If they decide that you should be prosecuted, they will inform you if you must be kept on remand or if you qualify for an alternative measure.

If you do not speak or understand Uzbek or Russian the public prosecutor or judge will assign you a translator (at no cost) during the investigation period, and the rest of the trial.

Read more information about the Uzbekistan judicial system in Chapter 3.

Classifications of crimes

Crimes are subdivided into:

• low level crimes: these are punishable with a maximum of 3 years imprisonment. This category includes crimes committed through carelessness - can carry a sentence of up to 5 years in prison

• medium severity crimes: these carry a minimum sentence of 3 years. This category includes crimes committed through carelessness - these crimes can carry a sentence of more than 5 years in prison

• severe crimes: these are deliberate crimes punished through a prison sentence from 5 to 10 years. Particularly severe crimes are deliberate crimes punished through a minimum prison sentence of 10 years to life imprisonment

• extremely severe crimes: low level crimes are examined by one judge. Severe crimes and extremely severe crimes are examined in a court of first instance by a judge and 2 public assessors. If the case needs to be examined by a Supreme Court, 3 judges will examine the case. The type of correctional facility chosen for the sentence is based on the classification of the crime

Age of criminal responsibility

In the Republic of Uzbekistan, the age of criminal responsibility is 16. Responsibility for intentional murder under aggravating circumstances is applicable from the age of 13.

Also, criminal responsibility is applicable from the age of 14 for:

• intentional murder
• murder in intense emotional excitement (heat of passion)
• committing crimes against health (inflicting bodily injuries of various degree)
• crimes against sexual liberty (rape)
• kidnapping
• brigandage
• extortion
• robbery and theft
• illegal perception of firearms, ammunition, explosives or explosive devices
• disablement of various transport facilities
• theft of a vehicle
• illegal possession of narcotic drugs and psychotropic agents
• hooliganism with inflicting severe bodily injuries or during mass disorder

There is a small subsection of crimes, including bribery, administrative crimes and false imprisonment, among others, where the age of criminal responsibility is 18.

Drug offences

The Criminal Code of the Republic of Uzbekistan covers illegal circulation of narcotic drugs and psychotropic agents, including:

• growing and harvesting prohibited crops
• illegal possession (theft, perception by fraud, threats, outrage) of narcotic drugs or psychotropic agents
• illegal manufacture (without an appropriate permit/license)
• acquisition (for instance, without a prescription)
• storage and other actions involving narcotic drugs or psychotropic agents for the purposes of sale, involvement in the use of narcotic drugs or psychotropic agents
• violation of the rules governing production or handling of narcotic drugs or psychotropic agents
• illegal manufacture, acquisition, storage and other actions involving narcotic drugs or psychotropic agents not for the purpose of sale (i.e. for the purpose of personal use)

Criminal cases in relation to crimes related to narcotic drugs or psychotropic agents are investigated by the police.

Police (Militsiya)

Uzbek police (Militsiya)  can detain you for up to 48 hours at a police station. You will not normally have access to a bed or a shower this time. You should be immediately released following the end of the 48-hour period, unless there has been a court decision that orders further custody as a restriction measure.

You have the right to make one phone call to the Embassy or family  within 3 hours from the moment of detention (with a covering charge).

Militsiya are responsible for the completion of a detention report in  Uzbek providing the details of detention. The detaining police officer and the detainee should co-sign the report. You have the right not to sign the report if there are any concerns about its content. You should receive a copy of the report.

Normally, the investigator in charge will notify the British Embassy or the Consulate within 12 hours from the time of detention. However, the prosecutor may waive this requirement at the investigator’s request.

Following the initial detention, a court, at the investigator’s request, may decide to put you on remand for up to 3 months at a time. If this happens, you will be transferred from the police station to a remand prison.

The court may extend the initial period of remand at the investigator’s request for up to 3 months at a time. The total detention on remand cannot normally exceed 18 months. After that, you should appear before the judge or be released.

At a remand prison, you are provided with access to food, water, sanitation facilities and basic medical services, although these may not meet UK standards. Prison staff will complete an inventory of your belongings, including money and valuable items, and put it on file.

You should be provided with a bed, bedding and a weekly change of bed linen, towel, utensils and cutlery, basic toiletries, and receive 3 hot meals a day.

Arriving at the prison

Upon arrival you will be placed temporarily in the admittance cell.

Prisoners are normally interviewed by any doctor or social worker when they first arrive at the prison. If you rely on medication you must immediately inform prison authorities, your lawyer and the consular team.

There will be a 2-week-quarantine and your medical condition will be checked. Medical checks will be carried out by the prison health department in order to assess if you need any treatment for ongoing medical conditions (e.g. blood pressure, diabetes, HIV). You will receive general information about prison rules and regulations. It is likely that this information will be available in Uzbek or Russian language only. Within a few days the Prison Board will decide which cell is best suited for you and you will be moved to your permanent cell following the Board’s decision.

Prisoners are provided with clothing according to the season and some toiletries.

For detailed information about processes in your prison, contact your lawyer. Legal aid is available.

Prison: conditions and daily life

There are 54 prisons in Uzbekistan including 11 detention centres.

When you arrive at prison, you will be given a body search and your head may be shaved (males only). All of your possessions will be taken away and stored securely. You will be issued with a uniform. Female prisoners are kept in separate female-only prisons. Prisoners serving their first sentence are normally accommodated separately to those sentenced repeatedly. The number of inmates to a cell depends on the size of the cell and the number of prisoners in the particular prison.

Accommodation

Conditions of each prison are different. Overcrowding is a problem so you cannot expect a single cell. Your living place should be well lit; the temperature should be appropriate for the season and with air ventilation. Conditions vary from one prison to another. You can ask your lawyer for details.

Food and diet

Prison food is free but very basic. You will need funds to pay for supplements to your diet. Some food products may be purchased from the prison shop. These include:

• bread
• bakery products
• salted fish
• smoked fish
• fish not requiring thermal treatment
• dairy butter
• cheese
• grease
• melted fat not requiring thermal treatment
• dry confectionery
• tea
• water
• vegetables
• fruits
• dried fruits
• preserved food (fish, meat, vegetables, fruits)
• milk
• dried curd

Hygiene

Toilets and showers are mostly shared. Hot water is supplied. You are allowed to wash and shower on a special schedule and to change your bed linen once a week. You are provided with clothes, underwear and footwear appropriate for the weather and seasons.

Work and study

Arrangements are different in each prison. It is difficult for the prison to supply work for all prisoners because there are not enough jobs for everyone. There are employment opportunities available within the prison. If you work, you will earn a salary. You will need to apply for a vacancy and wait for your name to be called.

Prisoners may be involved in unpaid social works (up to 2 hours a week) to clean the rooms and prison areas.

Study opportunities are also available, however they are often not suitable for foreign nationals because of language issues. Learning and development opportunities vary from prison to prison.

Prisons often have a library with a wide range of books available for inmates. Inmates have also an access to TV.

Speak to your lawyer to find more information.

Contact and languages

You are able to have contact with other inmates. However, it is likely that they do not speak English. Guards do not speak English and the prison does not provide any language classes.

Speaking Uzbek will help you understand what is going on, communicate your needs and also ease the boredom and mental isolation of prison life. If you have the funds to pay for learning materials the embassy can help you buy them.

You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

You will be permitted to go outdoors daily, during specific times. Regular exercise is not organised by the prison authorities. Detailed information can be obtained from lawyer.

Climate

Uzbekistan has an extreme continental climate. It is generally warmest in the south and coldest in the north. Temperatures in December average -8°C (18°F) in the north and 0°C (32 °F) in the south. However, extreme fluctuations can take temperatures as low as -35°C (-31°F). During the summer temperatures can reach 45°C (113°F) and above. Humidity is low.

You should be provided with clothes, underwear and footwear appropriate for the climatic conditions and seasons.

Religion

You have the right to practice any religion. You are allowed to perform religious rites, as well as to use religious attributes and literature in the prison/detention centre but this should not be contrary to the internal rules of the detention facility and infringe upon the rights of other prisoners. Some prisons have prayer rooms. Prisoners of radical religious views are held in separate prisons.

Rules and regulations (including drugs)

General rules and regulations are explained to prisoners. If the rules are not followed, you may be punished. A form of punishment may include removal of your privileges i.e. no time outdoors, phone calls, no access to the library for a certain amount of time. You should consider cultural sensitives.

Drugs are not widely found in prisons. All arriving prisoners are seen by the prison doctor or psychologist. If you have a drug addiction, you are monitored by the psychologist to ensure you can recover suitably. If you are caught with any kind of illegal drugs (marijuana, cocaine, etc.) you will be punished.

Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends
• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every 3 months for essentials (enough for 1 hot meal a day)

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

Prisoners Abroad

Prisoners Abroad a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources.

Medical and dental treatment

While you are detained, Uzbekistan is responsible for ensuring your basic medical needs are met.

Arrangements in place for you to receive medical or dental treatment will be different and depend on the number of circumstances and prison regime.

In the larger prisons, there is a health service under the authority of a medical practitioner. This service has an infirmary where basic medical treatment can be given, a dental treatment unit, a dentist and adequate staff. Medical examinations, vaccinations and urgent dental care of the prisoners as well as examinations of newly arrived prisoners in the detention facility are carried out by this service.

If you need medical or dental treatment you should ask for an appointment to see the prison doctor or dentist. You write a request letter which is collected by prison wardens and passed to the medical division of the prison. Depending on the number of patients and the urgency of the situation, prisoners may be assisted the same day or after 2-3 days. Basic medical attention is free of charge. It is unlikely that you will be treated by an English-speaking doctor. If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful if you have your medical records, or at least a report, sent from your doctor in the UK. Your UK doctor can send the report, via the Embassy, addressed to you.

In some large prisons it can be difficult to get an early appointment but if the situation is urgent, you should contact the prison social worker, who may be able to get you an appointment more quickly than through the normal channels.

You have the right to approach other medical facilities to get medical consultation and treatment. Either you or your relatives should cover the charges for such services or for medicine. In such cases the medical consultation or treatment should be carried out under the supervision of the medical personnel at the medical and sanitary division of the prison/detention centre.

With your permission, we can make sure that any medical or dental problems you might have been brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

Normally, there is no limit to the number of letters you may send or receive. The prison authorities are obliged to deliver letters as quickly as possible. All correspondence is checked and read.

Policy on sending and receiving parcels vary from one prison to another.

Type of facility	Number of letters
Camp settlement	You can receive and send parcels and deliveries without limitation
General Regime	You have a right to 6 parcels or deliveries per year.
Strict Regime	You have a right to 4 parcels or deliveries per year.
Special Regime	You have a right to 3 parcels or deliveries per year.
Prisons	You have a right to 2 parcels or deliveries per year.
Life Imprisonment	You have 3 parcels or deliveries per year.

A parcel should not exceed 10 kilograms or 22.05 pounds.

It is forbidden to transfer the following items, or for these items to be in your possession:

• firearms and cold steel arms
• money valuables and securities (bonds)
• optical devices
• alcoholic drinks, perfume, cologne water and other alcohol-based products
• drugs of abuse and substances containing narcotics
• radio equipment, computer hardware, typewriters or copiers
• mobile and radio phones and pagers
• knives, razors (except electric shavers), sharp cutting and piercing items
• axes, hammers, bench work tools or other tools
• playing cards
• photo cameras, photographic materials and chemicals
• documents (other than copies of sentences, determinations, decrees of courts)
• topographic maps, compasses
• military and other uniforms, accessories, as well as civilian clothes, hats and footwear
• copying paper
• musical instruments

Police can change without notice. More detailed information you can find from your lawyer.

Telephone calls

The rules for using the phone and making calls depend on where the prisoner is.

Type of facility	Number of phone calls
Penal colonies	Persons serving their sentences in colony settlements have the right to make telephone calls without limitation.
General regime	Persons serving their sentences in correctional facilities under the general regime have an annual right to 6 telephone calls.
Strict regime	Persons serving their sentences in correctional facilities under a strict regime have an annual right to four telephone calls.
Special regime	Persons serving sentences in correctional facilities under a special regime have an annual right to 3 telephone calls.
Prisons	Persons serving their sentences in prisons have an annual right to 2 telephone calls.
Life imprisonment	Persons serving life imprisonment have an annual right to 3 short-term visits, telephone calls, parcels or deliveries.

All telephone calls are at the expense of the prisoner.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries. There is no official complaint procedure in place for mistreatment cases in Uzbekistan. If you wish to file a complaint please write to the Embassy or let us know during the consular visit so that we take your concerns forward.

Chapter 3: The Uzbekistan judicial system

Overview

There are 3 branches of the judiciary system:

• the regular court system headed by the Supreme Court
• the arbitration court system headed by the Supreme Court of Arbitration
• the Constitutional Court as a single body with no courts under it

The majority of hearings in Uzbekistan are held through regular courts.

The regular court system is mainly inter-district or city courts. These courts are courts of general jurisdiction, which hear the vast majority of criminal, civil and administrative cases. They only hear cases as the court of first instance.

Generally, court proceedings should last no longer than 2 months. However in some cases this period can be extended to 4 months.

There are processes for appeal, depending on your case type. You should ask your lawyer for more information.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

First steps

What should happen after you are arrested

All arrests must be justified. You can be arrested if:

• you have been identified by witnesses/victims as the person that committed the crime
• you are found with clear evidence of the crime, for example, on you or at your home

You can be arrested and held in a detention facility if there are grounds to believe that you would escape investigation or court or hinder examination of a case before court, or would continue acts of crime, and also for execution of a sentence of a court.

If you are arrested at the airport you will be taken to a police cell at the airport. Police should tell you your charges and rights. Whilst you are there, the police will usually gather evidence and question you in the presence of a translator. You will be taken from the airport to cells at Police Headquarters, where a state prosecutor will start the first phase of investigation.

Whether arrested at the airport or elsewhere, you will usually remain in a police cell for a day or 2 (official time is 24 hours) before you are taken to court to give your pre-hearing statement to the prosecutor. At this point, depending on the evidence, the judge decides either for detention or release. If the decision is detention, you are taken to prison to await your court hearing. The court hearing date is usually 3 to 6 months after the prosecutor’s first decision.

In the police cells and in prison you will probably share a cell with several other people. You may have access to your belongings, but this depends on whether the police consider them as evidence. If considered as evidence you will not be allowed to keep your possessions. Your passport and other identification will be taken away and kept by the prison authorities in your file.

An interrogation officer, investigator, prosecutor or court is obliged to notify relatives of the suspect about the arrest within 12 hours. They must also inform the Consulate or Embassy. In exceptional cases, such notice may be delayed for a period not exceeding 10 days (except for instances with minors).

If you do not speak or understand Uzbek or Russian the public prosecutor/ judge will assign you a translator as a free service during the investigation period, and the rest of the trial.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See our list of local English-speaking lawyers.

How long you can be remanded in custody

You will also be interviewed within 24 hours of arriving at the police station (or other place of detainment). You can be detained for up to 62 hours from the time you arrive at the police station or other law enforcement authority’s office. Your detention may be extended for another 48 hours by a court order, if the investigator or prosecutor has submitted sufficient evidence. Detention is to prevent further criminal activities, and to prevent you from escaping, hiding or destroying evidence.

Under Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms, everyone has the right to court proceedings within a reasonable time period. In calculating this period on criminal cases the court proceedings shall cover both the pre-trial investigation procedure and the court proceedings (which is the time when the lawsuit has been filed and ends when the court act has been executed).

Article 5 of the Convention on the Protection of Human Rights and Fundamental Freedoms states that every arrested or apprehended person has the right to a court trial within a reasonable time limit, or to be released before the trial. The courts should follow this rule in deciding the issues related to the extension of the custody term. According to the legal positions of the European Court on Human Rights, the time period of custody starts on the day the accused (the defendant) was put into custody and ends on the day judgment is passed by the trial court.

You can be arrested if there is a reasonable suspicion of your crime, but you cannot be held for longer than is allowed. There must be other circumstances that may justify the isolation of the individual from society.

Such circumstances may include the potential risk that the suspect or accused may continue criminal activities or evade pre-trial investigation or prosecution, as well as falsifying criminal evidence or conspiring with witnesses. These circumstances must be real, substantiated, i.e. supported by credible evidence. In the event of an extension of the period of detention, the courts must indicate the specific circumstances justifying the extension and provide evidence of such circumstances.

After you are charged

The courts will inform you, your lawyer/public defender and the prison authorities of your sentence.

Bail

Uzbek criminal procedure permits bail to be granted under certain conditions. The amount of bail may be determined by investigator, prosecutor or the court, depending on the gravity of the crime committed, the character of the accused person, the property status of the person providing bail and that person’s relationship with the accused person. Bail may not be less than 20 minimal wage units, which is equivalent to roughly USD 900.

Bail may be made in cash payments, or may be made in other assets, including real estate. The bail is deposited in favour of or to the bank account of the investigating agency or the court.

Bail may be provided by the accused person, his or her relatives, or by any other individuals or legal entities.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see our list of local English-speaking lawyers. Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

You can hire a lawyer at any time after your arrest; a list of English-speaking lawyers will be given to you by a Consular officer. Normally, if you hire a private lawyer they will ask for a cash advance for their estimated legal fees before they will take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them. Consular staff cannot give legal advice.

If you do not have funds to hire a lawyer yourself, the court must appoint one. State appointed lawyers are free of charge but they rarely speak English. As in any country, some lawyers are better than others (paying a large fee does not guarantee that you will get a good lawyer). If you decide to pay for a lawyer, it may be possible to agree a flat fee for the whole case before they begin work so that you do not find yourself facing ‘extra expenses’.

The number and terms of your meetings with the lawyer are not limited. The meetings can be held face-to-face at your or your lawyer’s request. The meetings with the lawyers are not included into those established by the Legislation. Such meetings are allowed to the prisoner within the framework of the rules of the detention facility at any time, except for the resting and working hours.

Trial

When the trial starts, the members of the court, the parties and the right of rejection shall be announced. The witnesses must leave the courtroom. The court shall explain your rights and their obligations to you. Lastly, the Judge will ask the participants if they have any petitions (calling new witnesses, experts or specialists, reclaiming exhibits and documents, etc.). The applicant must indicate the circumstances to be established by additional evidence. At the beginning of the trial, the prosecutor reads the charge. The defendants, victims, witnesses, experts and other persons whose testimony can help to clarify the case are then interrogated. The court and parties examine the records of the case, exhibits and the opinions of experts.

After the conclusion of the judicial examination, the court shall proceed to hear the arguments of the parties. Arguments start with speeches from the state prosecutor, victim, civil plaintiff or his representative, defence attorney, defendant, civil defendant or his representative. The parties have the right to answer. The right of last objection always belongs to the defence attorney and defendant. The last speech is that of the defendant with the last word.

The sentence should be lawful, reasonable and just.

If, in the course of the preliminary investigation or trial, an issue is raised about the mental state or the criminal incapacity of defendant, then the court should rule on the need for compulsory medical treatment.

If a person is convicted of committing a crime, the following types of punishment may be applied: a fine, deprivation of certain rights, correctional labour, and arrest, incarceration for a set period or life imprisonment.

The trial will be heard in Uzbek. The Court appoints and pays for an interpreter. Consular staff cannot act as interpreters. Consular officers check before the hearing if a lawyer and an interpreter are appointed. Consular Officers usually do not attend the hearings.

Sentences

Sentences vary greatly in Uzbekistan and will depend on the seriousness of the crime. Your lawyer/public defender can advise on length of sentences and on appeals’ processes.

Appeals

Lawyers, on behalf of their client, have a right to appeal against the final decision within ten working days. It is common practice to appeal to make sure that the sentence is reviewed by a higher court. The appeal process is very slow (sometimes more than a full year) and can lead to delays in finalising the sentence. Prisoners have a right to withdraw the appeal if they wish.

Early release

Early release of a prisoner is also permitted under the Uzbek legal system.

A prisoner may apply for early release if he has complied with the internal rules of the prison facility and there is evidence of his conscientious attitude to work.

Early release is possible if the above-mentioned condition is satisfied, and the prisoner has already served:

a) at least one third of the term of imprisonment for:

• crimes leading to imprisonment for the period of up to 3 years

• crimes committed through recklessness, which lead to imprisonment for a period of up to 5 years

b) at least half of the term of imprisonment for:

• crimes leading to imprisonment for a period of up to 10 years

• if the prisoner has been previously found criminally liable for intentional crimes

c) at least 2 thirds of the term of imprisonment for crimes leading to imprisonment for a period of more than 10 years

If the prisoner had previously been released early, or any previous criminal sanctions applied to the prisoner had been reduced in favour of a lighter criminal sentence and the prisoner reoffended during the unserved period of his sentence.

Parole: Uzbek law allows for an accused or imprisoned individual to be released on parole under certain conditions. The accused/imprisoned individual may be paroled under a personal guarantee or under the guarantee of either a public institution or a group of people, which is known as collective parole. The number of guarantors required for collective parole is determined by the investigator, the prosecutor or the court depending on the gravity of the crime.

The guarantee of a public institution or collective parole must be made in writing and obligate the guarantor to guarantee the lawful behaviour of the accused/imprisoned individual.

Clemency or pardon

In Uzbekistan, pardon/clemency can only be given by the President. A pardon/clemency means that although the prison sentence will end the person will still have a criminal record. You should get legal advice from your lawyer on how to apply.

Financial penalties

You should get legal advice from your lawyer.

Transfer to another prison within Uzbekistan

Any transfers are considered on case-by-case basis. You should discuss this with your lawyer.

Transfer to a prison in the UK

There is no Prisoner Transfer Agreement between the UK and Uzbekistan.

Release and deportation

The expulsion process is standard administrative process that is normally carried out against all foreigners that commit a crime in Uzbekistan. You can be released upon having served your sentence, annulations of sentence by the court, clemency or amnesty, severe disease or other grounds. You will have your documents and belongings returned by the prison on the day of release. You must leave the country after your release. You will need to speak to your lawyer to find out information about expulsion process.

If you do not have a valid travel document, the embassy can issue a travel document. You will have to pay a fee for the travel document, as well as for the flight. Also, you must get an Uzbek exit visa or a deportation document from the Immigration police. If you do not have sufficient funds for the required documents, Consular Representatives will contact family/friends in the UK to ask for a money transfer.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help in the UK are:

• The Salvation Army

UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

• The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Additional Information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098

Mondays to Fridays 9:30am to 4:30pm (UK time)

89 to 93 Fonthill Road

London N4 3JH

UK

Glossary of terms

English	Russian	Uzbek
Criminal Code	Ugolovny Kodeks	Jinoyat Kodeksi
Code of Criminal Procedure	Ugolovno-protsessualny Kodeks	Jinoyat protsessual Kodeksi
Detention	Zaderzhaniye	Qo’lga olish
Detainee	Zaderzhanny	Qo’lga olingan
Tintuv	Obysk	Search
Arrest	Arest	Hibsga olish
Arrestee	Arestovanniy	Mahbus
Suspect	Podozrevayemiy	Gumonlanuvchi
Accused person	Obvinyayemiy	Ayblanuvchi
Transcript	Protokol	Protokol
Case	Delo	Ish
Court venue	Zdaniye suda	Sud binosi
Police	Militsiya	Militsiya
Customs officials	Predstaviteli tamozhni	Bojxona vakillari
Border guards	Pogranichnaya Okhrana	Chegarachillar
Prosecutor	Prokuror	Prokuror
Prosecutor’s office	Prokuratura	Prokuratura
State prosecutor	Gosudarstvenniy obvinitel	Davlat qoralovchisi
Custodian of legal records	Sekretar suda	Sud kotibi
Court-appointed attorney	Gosudarstvenniy zashchitnik	Davlat tomonidan tayyinlangan himoyachisi
Private attorney	Chastniy advokat	Xususiy advokat
Witness	Svidetel	Guvoh
Translator, interpreter	Perevodchik	Tarjimon
Defendant	Otvetchik	Sudlanuvchi
Plaintiff	Istets	Da’vogar
Victim, the aggrieved party	Postradavshiy	Jabrlanuvchi
Judge	Sudya	Sudya
Court, trial	Sud	Sud
District court	Rayonniy sud	Tuman sudi
Trial	Sudebniye zasedaniye	Sud majlisi
To postpone trial	Otlozhit sudebnoye zasedaniye	Sud jarayonini kechiktirish
Witness unable to appear at trial	Neyavka svidetelya	Guvohning kelmasligi
Inquiry stage of First Stage of Investigation	Doznaniye	So’rishtiruv
Investigation	Sledstviye	Tergov
Preliminary investigation	Predvaritelnoye sledstviye	Dastlabki tergov
Investigation period extension	Prodleniye sroka sledstviya	Tergov muddatini uzaytirish
Indictment	Obvinitelniy act	Ayblov xulosasi
Court’s decision	Prigovor suda	Sud qarori
Convict	Osuzhdyonniy	Mahkum
On probation	Uslovno-dosrochno	Sinov muddatida
Confiscation	Konfiskatsiya	Musodara qilish
Suspension	Otsrochka	Kechiktirish
Amnesty	Amnistiya	Amnistiya
Official request	Khodataystvo	Ariza
Complaint, appeal	Zhaloba	Shikoyat
Statement	Zayavleniye	Bayonot
Evidence	Dokazatelstvo	Dalil
Bail	Zalog	Garov
Deportation	Deportatsiya	Deportatsiya qilish
Penalty	Nakazaniye	Jazo
Sentence	Lisheniye svobody	Ozodlikdan mahrum qilish
Capital punishment	Vysshaya mera nakazaniya	Oliy jazosi
Death penalty	Smertnaya kazn	O’lim jazosi
Release from prison	Osvobozhdeniye	Ozod qilish
Dropping of charges	Snyatiye obvineniy	Ayblovni bekor qilish
Detention centre	SIZO	Tergov izolyatori
SIZO Detention Centre warden	Nachalnik SIZO	Tergov izolyatorining boshlig’i
Labor camp	Koloniya poseleniye	Manzil koloniyasi
Cell	Kamera	Kamera
Penal chamber	Kartser	Jazo kamerasi
Guards	Okhrana	Nazoratchilar
Doctor	Vrach	Shifokor
Dentist	Stomatolog	Stomatolog
Visit	Svidaniye	Uchrashuv
Food supplement delivery	Peredacha yedi	Oziq-ovqat uzatish
Clothes delivery	Veshevaya peredacha	Kiyimlar uzatish
Money wire	Denezhniy perevod	Pul o’tkazma
Correspondence	Perepiska	Yozishmalar
Prison store	Laryok	Do’kon
Murder	Ubiystvo	Qotillik
Inflicting bodily injuries	Prichineniye telesnikh povrezhdeniy	Tana jarohati
Fraud	Moshennichestvo	Firibgarlik
Embezzlement	Prisvoyeniye deneg	O’zlashtirish
Rape	Iznasilovaniye	Zo’rlash
Disorderly behaviour, hooliganism	Khuliganstvo	Bezorilik
Smuggling	Kontrabanda	Kontrabanda
Drug smuggling	Kontrabanda narkotikov	Giyohvand moddalar kontrabandasi
Violation of visa regime	Narusheniye vizovogo rezhima	Viza rejimining buzilishi
Illegal State border crossing	Nezakonnoye peresecheniye gosudarstvennoy granitsi	Davlat chegarasini noqonuniy kesib o’tish

Key phrases: English into Russian and Uzbek

English	Russian	Uzbek
Hello	Zdrastvuite	Assalom alaykum
Good morning	Dobroe utro	Xayrli tong
Good day/afternoon	Dobriy den	Xayrli kun
Good evening	Dobriy vecher	Xayrli kech
Good night	Spokoynoy nochi	Xayrli tun
Good bye	Do svidaniya	Xayr
Yes	Da	Ha
No	Net	Yo’q
Thank you	Spasibo	Rahmat
Please/you’re welcome	Pozhaluista	Iltimos
Excuse me/ sorry	Izvinite	Kechirasiz
May I…?	Mozhno?	Mumkinmi?
Food	Eda	Ovqat
Water	Voda	Suv

Annex

• FCDO guidance: Support for British nationals abroad
• FCDO guidance: Arrested abroad: advice for British nationals
• list of English-speaking lawyers
• list of private translators and interpreters
• Prisoners Abroad Forms