An appeal held without the defendant's participation, a 5-day review, and a 9-year sentence. Is this a trial or a pre-prepared script?
Within the framework of judicial and legal reforms in Uzbekistan, it is emphasized that the principle of “fair trial” is paramount. However, certain cases raise questions about how effectively this principle works in practice.
An appeal submitted to the “Ezgulik” society by lawyer Khurshidabonu Nasretdinova is cited as one of such situations.
According to her statement, the court of first instance initially requalified the charge, changing the severe charge to a milder article and imposing corrective labor instead of deprivation of liberty.
However, following the prosecutor's protest, the case was reviewed at the appellate stage. During this process, according to the appeal:
— the case was reviewed in just 5 days;
— the defendants did not participate in the court;
— their objections were not heard;
— the hearing was conducted in a formal manner.
As a result, the sentence was drastically tightened, changing from corrective labor to 9–10 years of imprisonment.
The appeal emphasizes that, according to the law, a defendant has the right to participate in the court proceedings and defend themselves. However, it remains questionable to what extent these requirements were ensured in this case.
Also, in subsequent stages:
— witnesses were not interrogated;
— lawyer's motions were rejected;
— it was noted that the complaints were not reviewed on their merits.
The Supreme Court refused to review the case. The reason cited was the absence of the defendants' signatures. Meanwhile, although the lawyers stated that consent was provided via video, this was not taken into account.
A number of questions remain open regarding this situation:
— Why was the appeal held without the defendant?
— Why was the sentence drastically tightened?
— Why were the submitted evidence not taken into account?
According to experts, a fair trial should be manifested not only in the verdict, but also in the process itself — in the principles of participation, being heard, and equality. Effect.uz awaits an official response regarding this situation.
