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Politics
27 February 2025

Uzbekistan Moves To Criminalize Data Leaks From Closed Court Sessions

The new legislation aims to fortify judicial confidentiality and prevent premature disclosures of sensitive court information.

Uzbekistan's legislative body has taken significant strides toward enhancing the confidentiality of its judicial processes. Recently, the Legislative Chamber of the Oliy Majlis adopted, during its first reading, a bill proposing criminal liability for disclosing information concerning closed court sessions. This important legislative step, which has drawn attention for its seriousness, aims to prevent leaks and uphold the integrity of judicial decisions prior to their official release.

According to Gazeta.uz, the details surrounding this bill were limited, as they were not published on the official pages of the Legislative Chamber or on popular channels like Telegram. Information about the bill was primarily available on YouTube, reflecting perhaps the sensitivity surrounding the proposal.

The impetus for this legislation traces back to directives from the Presidential Administration dated September 23, 2024. It seeks to fill current legislative gaps where, as described by Deputy Chairman of the Supreme Court Shukhrat Polvanov, there exists no clear responsibility for leaking information from closed sessions. While Article 239 of the Criminal Code addresses the disclosure of preliminary investigation details, it lacks specific provisions related to judicial proceedings.

Under the proposed law, individuals who disclose information from closed court sessions without judicial permission would face criminal charges. Currently, advocates, journalists, and other participants can observe court processes legally, but leaking such details constitutes merely an administrative offense, as per existing laws. The new bill aims to upend this status quo and impose much stricter penalties.

The discussions among deputies also delved deeply, considering the practices of other countries when it came to handling similar issues. For example:

  • Singapore imposes fines of up to 5,000 dollars or prison terms of up to 12 months.
  • Kyrgyzstan assesses fines ranging from 200 to 500 BRV (basic calculation units).
  • Kazakhstan similarly enacts fines of up to 2,000 BRV or requires 600 hours of community service, paired with potential prison sentences of two years.

The anticipation surrounding the bill is palpable. Deputy Chairman of the Supreme Court Polvanov articulated the expectations surrounding the legislation. He emphasized its potential to protect personal data related to participants within closed legal processes, underlining its role in bolstering the confidentiality of judicial dealings. Beyond this, he noted the law would not only safeguard rights but would also likely improve Uzbekistan's position within global rankings concerning the rule of law.

Results from the voting on the bill demonstrated overwhelming support, with 130 lawmakers backing the new measures, one abstention, and eleven absent. Notably, there were no voices raised against the legislation, illustrating a generalized consensus among parliament members of the need for tighter controls and safeguards.

This shift toward reinforcing judicial confidentiality appears to be part of broader deliberations about ensuring the integrity of the justice system in Uzbekistan. Views among government officials suggest confidence the new measures will safeguard sensitive proceedings and data, reflecting both domestic imperatives and compliance with international benchmarks.

Legal experts and civil rights activists will likely watch the development of this legislation closely. While the intention is to protect the privacy of judicial processes, it also prompts discussion about the balance between transparency and confidentiality within the judicial system. The implementation of strict penalties may serve as both a deterrent against knowledge leakage and raise pressing questions for advocacy around freedom of the press and civil liberties. Hence, the ramifications of this bill could shape the future interactions of legal practices with public accountability.

Time will tell how these changes influence courtroom transparency and citizen engagement within Uzbekistan's burgeoning democracy. With the increasing complexity of law and order, the domestic narratives challenge the wisdom of the legislative approach and the growing trend toward accountability.