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THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)
VOLUME 06 ISSUE11
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PUBLISHED DATE: - 15-11-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue11-10
PAGE NO.: - 73-78
INTERNATIONAL STANDARDS GOVERNING
INDIVIDUAL REHABILITATION
Gulom Shodiev
Center senior prosecutor, Candidate of Sciences, Associate professor, Law
enforcement academy, Uzbekistan
INTRODUCTION
Today, ensuring human rights and freedoms in our
country is one of the main tasks of our society.
International
standards
governing
the
rehabilitation of a person in criminal proceedings
aim to ensure justice for people who have been
wrongfully convicted or unfairly treated in trials.
We can see that one of the most prominent legal
phenomena at the international level was the
active development of integration processes that
affect national legal systems in the second half of
the 20th century by influencing generally accepted
principles and norms of international law.
The
international
legal
framework
and
conventions recognize the importance of
rehabilitation in criminal trials and as part of
compensation for material and moral damage to
criminal victims.
Also, rehabilitation in international law consists
not only in material compensation, but also in
restoring the dignity of the individual, providing
him with medical, psychological, legal assistance
and social support. It is a key component of
restorative justice and aims to rehabilitate both
victims and wrongfully convicted individuals.
These international standards reflect a broad
consensus on the importance of rehabilitating
individuals affected by the actions of public
authorities or judicial misconduct, guaranteeing
that justice is fully ensured.
METHODS
The IMRAD method was used in the preparation of
this article. In this case, the opinions of foreign and
RESEARCH ARTICLE
Open Access
Abstract
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domestic scientists in the relevant field were
studied, discussed and compared. The analysis also
cited the author’s subjective opinions.
RESULTS AND DISCUSSION
Rehabilitation of people affected by the actions and
decisions of bodies and officials authorized to
conduct criminal cases in the criminal proceedings
is guaranteed not only by national legislation, but
also by international legal norms, which are
considered a component of the Republic of
Uzbekistan’s international obligations to guarantee
human rights.
In turn, we can see several international legal acts
and standards on the provision of rights and
freedoms of citizens in international legal
documents, the legal regulation of the issues of
rehabilitation of a person in a criminal process.
That is, the main international documents include:
–
Universal Declaration of human rights;
–
International Covenant on civil and political
rights;
–
European Convention on human rights;
–
The basic principles of the United Nations on the
right to support and cover. These principles
provide guidance to states to ensure that victims of
violations have fairness and appropriate
compensation,
including
compensation,
rehabilitation, and non-recurrence guarantees;
–
Rome Statute of the International Criminal Court.
It should be noted that the Universal Declaration of
human rights is considered one of the international
documents aimed at ensuring the rights of its main
citizens, stating that a person has the right to
effective restoration of these rights by prestigious
national courts in cases where the fundamental
rights granted to him by Constitution or law are
violated, no one can be unjustified, in order for him
to determine to what extent the criminal guilt
imposed on him is justified, on the basis of
complete equality, it is established that his case will
be considered by an independent and impartial
court, subject to the requirements of transparency
and Justice .
This declaration emphasizes human dignity, justice
and supports the rehabilitation concept, which,
although it is not specifically said about
rehabilitation, implies the need for rehabilitation in
order to torture and restore its cruel dignity,
violated rights to human beings. In this context,
rehabilitation includes medical care, psychological
support, legal protection of individuals who are
divided into trespass or mistreatment, and social
reintegration. These principles provide the basis
for more specific international laws that clearly
define rehabilitation as a fundamental element of
justice and Human Rights Protection.
In particular, according to Section 2 (3) of the
International Covenant on civil and political rights,
each state participating in this pact receives the
following obligations:
a) to ensure that every person recognized in this
pact whose rights and freedoms are violated, are
provided with effective means of legal protection,
even if this case is committed by people who have
acted formally;
b) for any person requiring such preservation, the
legal protection shall be provided by the
prestigious court, administrative or legal
authorities, or by other honored bodies provided
for in the system of the state, and the possibility of
protection shall be developed through the court;
c) when legal remedies are granted, it is stipulated
that competent authorities must ensure their
implementation.
At the same time, Article 9 of the Pact establishes
that anyone who is illegally imprisoned or held in
custody has the right to demand compensation
with the power of claim.
The current Pact was also ratified by the Republic
of Uzbekistan on December 28, 1995. It treats
rehabilitation as part of the rights of persons who
have been wrongfully convicted or whose human
rights have been violated and emphasizes the right
to fair treatment in criminal proceedings and, in the
case of failure of justice, envisions protective
instruments
such
as
compensation
and
rehabilitation,
it highlights the importance of restoring an
individual’s dignity, including
providing legal
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support,
compensation
and
medical
or
psychological assistance, full rehabilitation and
reintegration into society of individuals affected by
illegal prosecution or violence.
The UN Committee on Human Rights also reviewed
the 5th periodic report of the Republic of
Uzbekistan and recommended guaranteeing the
rights of victims to effective means of legal
protection in accordance with Article 2, Paragraph
3 of the Pact. The issue of rehabilitation is also
mentioned in paragraph 18 of the final conclusions
of the Committee against Torture on the 5th
periodic report of the Republic of Uzbekistan.
According to it, the participating state must take
measures to remove the criminal conviction from
people who were sentenced to death on the basis
of evidence obtained as a result of torture or as a
result of a court hearing in which the main
guarantees of the process were not provided to the
defendants, to ensure the harm (compensation)to
the victims. At the same time, it is established that
it is necessary to consider the issue of creating an
independent commission for the purpose of
studying these issues.
In the Declaration adopted by the UN Resolution
No. 40/34 of 29 November 1985, “On the basic
principles of justice for victims of crime and against
ab
use of power” the term victim is very widely
interpreted. In particular, the term “victim” refers
to a person who has been injured as a result of a
serious violation of his or her fundamental rights as
a result of an act or omission that is considered a
violation of generally accepted international
human rights norms, but is not yet considered a
violation of national criminal law.
Also, in accordance with the Declaration, it is
necessary to approach the victims with
compassion, respect their dignity. They are
established in accordance with national legislation
that they have the right to the mechanisms of
Justice and the fastest compensation of damage
caused to them.
In addition, the European Convention on Human
Rights, one of the main international legal acts, has
an important place in international relations,
arguing that the use of rehabilitation in criminal
proceedings, in particular, a fair trial process, has
the right to protection against illegal prosecution
and the use of effective means of protection. In
addition to ensuring human rights in certain
articles of this convention, rehabilitation ensures
that a person is necessary for the restoration of
personal immunity, rights and dignity, including
the possibility of using effective means of
protection when procedural errors are made in
cases of illegal prosecution or criminal cases. In this
context, rehabilitation includes both forensic tools
and recovery efforts such as medical and
psychological care.
In turn, in case of violation of the rights of an
individual in the course of criminal proceedings, it
is established that the state is obliged to take
measures
to
ensure
and
correct
the
implementation of the law, including rehabilitation
of the individual. Because it directly appeals to the
restoration of the rights and dignity of the
individual after violations. This includes:
–
compensation for illegal prosecution;
–
restoration of dignity: ensuring the reflection of
the acquittal of persons convicted illegally in public
and legal documents;
–
psychological and social support: protecting
victims of injustice.
The importance of the convention is not only the
ability to protect individuals from human rights
violations, but also the ability to actively restore
their dignity and rights through systemic legal
means of protection and rehabilitation measures.
In addition, M.Askarov stressed in his scientific
work that “the institute of rehabilitation in criminal
procedure legislation should not be limited by such
principles as legality, justice, responsibility for
guilt, inevitability of responsibility, respect for the
dignity and honor of the individual, protection of
the rights and freedoms of citizens, the
establishment of the truth, the presumption of
innocence, the right to freedom words”. M.
Asqarov, continuing in his comments, noted that
“in the pre
-trial or judicial stages of proceedings of
the case, Article 23 of the CPC, doubts and
accusations should be decided in favor of a suspect,
accused or defendant, no unjustified guilt should be
declared, no r
estrictions on rights and freedoms” .
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In turn, we can see that the issues of ensuring the
rights and freedoms of citizens and establishing
effective mechanisms of compensation and
assistance to people affected by the crime in the
Prevention of material and moral damage are also
emhasized .
In another important international legal document
named Mandela Rules, which are the United
Nations' minimum standards for the treatment of
prisoners, it was stressed that in actions that may
amount to torture or other cruel, inhuman or
degrading treatment or punishment, including the
absolute prohibition of active or passive
participation in experiments that may harm the
health of the prisoner, for example, the removal of
cells, tissues and organs from the prisoner's div,
if other control measures are ineffective and it is
necessary to prevent the prisoner from harming
himself or others or causing material damage, it is
only allowed by order of the prison director; in
such cases, the director shall immediately notify a
physician or other qualified medical personnel and
the information shall be provided to the higher
administrative authority .
In addition, in the provisions of this Mandela, we
can see that ensuring the rights and freedoms of its
citizens provides relevant norms on the issue of
prevention of torture, protection against material
and moral damage, and restoration. That is, each
prison institution should have a medical and
sanitary service, which is tasked with assessing,
maintaining, preserving and improving the
physical and mental health of prisoners with a lot
of attention to prisoners who have a special need
for medical and sanitary assistance or have health
problems that prevent them from being
rehabilitated, it is also reflected that convicted
prisoners must be able to work and/or actively
participate in their own rehabilitation if deemed
physically and mentally competent by a doctor or
other qualified medical professionals.
It should be noted that in ensuring the rights and
interests of citizens, it is also important to prevent
torture and other cruel, inhuman or degrading
treatment and the use of punitive types. Article 6 of
the “Declaration of rights and obligations of states”,
adopted by the UN Commission on international
law in the 1st session of 1949,
established that “any
state is obliged to respect all people under its
jurisdiction with respect to human rights and
fundamental freedoms, regardless of race, gender,
language and religion”
.
One of the most important UN documents
internationally, the “C
onvention against torture
and other cruel, inhuman or degrading types of
treatment and punishment”
, adopted on 10
December 1984, consists of 33 articles. This
Convention recognizes the right to receive fair and
alternative compensation, noting, if necessary, the
need to create and strengthen judicial and
administrative mechanisms aimed at ensuring that
victims are quick in character, fair, not high in
contributions, easy to achieve, able to receive
compensation through formal and informal
proceedings.
The primary purpose of documenting torture and
other types of bullying, especially in the context of
victim compensation, is to determine whether
torture and other types of bullying or related
misconduct were actually committed. Ideally, the
offense should be identified at the national level in
the process of criminal investigation and in the
controversy in the national courts. If this is not
possible, regional and international (quasi-)
judicial authorities may also make such a
determination. A prominent statement made by a
(quasi-judicial) div may give the victim an official
confession in support of her complaint of torture
and other forms of bullying and confirm that the
Government has violated its obligations to protect
human rights in relation to a particular person. It
was argued that if the Government did not respond
to allegations of torture and other forms of bullying
and did not address them in accordance with its
human rights obligations, this, in turn, could
provoke another violation.
Although recognizing an offense is the first step
taken to fully compensate for the damage to a
particular victim, it can bring some lightness.
Making the public aware of the responsibility of the
relevant government also leads the government to
respond for its actions and can serve as a
propaganda tool aimed at general improvement of
the situation in the country with regard to torture
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and other types of treatment.
In each individual case, comprehensive measures
aimed at eliminating offenses must be adopted, and
it is indicated that the compensation must be
established in proportion to the severity of
violations and damages incurred.
It follows that a rehabilitated person has the right
to receive compensation even if it is not directly
established by law, and the European Court of
human rights has made a number of decisions
aimed at restoring the rights of applicants precisely
on the basis of this clause.
CONCLUSION
The European Court of Human Rights is today one
of the main international bodies in ensuring the
rights and freedoms of citizens, preventing and
reducing crime, and ensuring the implementation
of the European Convention.The main activities of
rehabilitation measures are the use of effective
mechanisms aimed at proving and rehabilitating
the crime of people with limited freedom, helping
to develop the skills of further effective living,
strengthening the issues of education programs
and professional education even from the relevant
resources.
In addition, it emphasizes the importance of
rehabilitation for individuals sentenced to long-
term or life imprisonment. The court notes that
they must have the opportunity to be released,
which includes attending rehabilitation programs.
Rehabilitation helps lawbreakers adapt to society
and reduces the likelihood of them committing
repeated crimes. In particular, rehabilitation
programs for criminals benefit both society and
individuals. Such an approach is an important part
of ensuring the safety of society and protecting
human rights.
At the same time, the 1990 United Nations
minimum standard rules for non-parole-related
measures, known as the Tokyo rules, were
adopted.
Focusing on the essence of the provisions, respect
for their dignity is ensured by paying attention to
the implementation of Justice in the process of
criminal proceedings, ensuring the rights and
interests of people deprived of Liberty, effective
rehabilitation centers not to commit re-crimes, the
decline of recidivism, and, moreover, the potential
for change in human dignity and rights violations.
The Tokyo Rules are also one of the main rules for
ensuring human rights, adopting humane and
constructive approaches in criminal proceedings
around the world, and supporting international
legal standards for the protection of human rights.
The United Nations minimum standard rules for
administering justice against minors, known as the
“Beijing rules”
, aim to apply non-prison-related
measures such as probation, community service, or
counseling, with penalties not related to restriction
of freedom. As another key part, it should be noted
that the penalties of educational importance for
crimes committed by minors, as well as the
ultimate goal of the Beijing rules, are to rehabilitate
young offenders and prepare them for a
constructive role in society. This includes
education, vocational training, supporting mental
health and ensuring the use of other resources to
help them choose a positive life.
In addition, in recognition of the impact of the
family environment, juvenile justice systems (in
the system of bodies of Justice authorized to
conduct investigations as well as criminal
proceedings in some states) often offer family
counseling sessions. It helps to solve conflicts or
problems caused by the behavior of young people.
Also, within the framework of this rule, community
service programs allow young offenders to make
positive contributions to society through their
participation in local projects in the form of
volunteers. For example, countries like New
Zealand implement these programs to promote
responsibility and co-ownership in young people.
This experience also helps them connect with
coaches and team members who can be positive
role models.
REFERENCES
1.
Basic Principles and Guidelines on the Right to
a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law
and Serious Violations of International
Humanitarian Law. Resolution adopted by the
General Assembly on 16 December 2005
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https://www.ohchr.org/en/instruments-
mechanisms/instruments/basic-principles-
and-guidelines-right-remedy-and-
reparation#:~:text=Adequate%2C%20effectiv
e%20and%20prompt%20reparation,violation
s%20and%20the%20harm%20suffered.
2.
Universal Declaration of human rights.
Resolution 217 a (III) of the United Nations
General
Assembly
was
adopted
and
promulgated on 10 December 1948. Electronic
source:
https://constitution.uz/uz/pages/humanright
s
3.
International Covenant on Civil and Political
Rights. By General Assembly resolution 2200A
(XXI)16
December
1966.
Electronic
source:https://www.ohchr.org/en/instrumen
ts-mechanisms/instruments/international-
covenant-civil-and-political-rights
4.
Human Rights Committee / Concluding
observations on the fifth periodic report of
Uzbekistan*
https://tbinternet.ohchr.org/_layouts/15/trea
tydivexternal/Download.aspx?symbolno=CC
PR/C/UZB/CO/5&Lang=Ru
5.
Committee against Torture / Concluding
observations on the fifth periodic report of
Uzbekistan
https://tbinternet.ohchr.org/_layouts/15/trea
tydivexternal/Download.aspx?symbolno=CC
PR/C/UZB/CO/5&Lang=Ru
6.
Declaration on Basic Principles of Justice for
Victims of Crime and Against Abuse of Power.
29 November 1985 by General Assembly
resolution
40/34.
Electronic
source:
https://www.ohchr.org/en/instruments-
mechanisms/instruments/declaration-basic-
principles-justice-victims-crime-and-abuse
7.
European Convention on Human Rights.
Electronic
source:
https://www.echr.coe.int/documents/d/echr
/convention_eng.
8.
M.M.Asqarov The emergence and stages of
development of the Rehabilitation Institute in
the criminal process // Eurasian journal of law,
finance and applied sciences // International
scientific journal special series «Outcomes in
criminal-procedural relations» UIF = 8.3 | SJIF
=
5.961
https://doi.org/10.5281/zenodo.7568430
9.
Resolution No. PR-3723 of the President of the
Republic of Uzbekistan dated May 14, 2018 “On
measures to radically improve the system of
criminal and criminal procedural legislation”.
Electronic
source:
https://lex.uz/ru/docs/3735818
10.
Minimum standard rules for dealing with
prisoners adopted at the first UN Congress on
crime prevention and dealing with offenders in
1955 (MSR). Electronic source: Nelson-
Mandela-Rules_Uzbek-Language.pdf
11.
International protection of human rights and
freedoms. Collection of documents. M., 1990.
pp.409-410.
12.
Convention against torture and other cruel,
inhuman
or
degrading
treatment
or
punishment. Adopted by General Assembly
Resolution 39/46 of December 10, 1984. //
Electronic
source:
https://www.un.org/ru/documents/decl_con
v/conventions/torture.shtml
13.
https://www.ohchr.org/sites/default/files/D
ocuments/ProfessionalInterest/tokyorules.pd
f
14.
https://www.ohchr.org/sites/default/files/be
ijingrules.pdf
