INTERNATIONAL STANDARDS GOVERNING INDIVIDUAL REHABILITATION

Abstract

In this article, the international documents, the international standards established in them, on the rehabilitation of the victims of the actions (inaction) and decisions of the bodies and officials authorized to conduct criminal proceedings, compensation for the material and moral damages caused to them, and their provision by the state have been studied and analyzed. In particular, the author presents analytical views on the measures that should be taken to rehabilitate, compensate for the harm caused to, and integrate into society those whose human rights and freedoms have been unlawfully restricted or deprived, unjustly or unjustly convicted, unjustly arrested, or imprisoned, in declarations, conventions, and international pacts adopted by the UN and other international organizations.

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Gulom Shodiev. (2024). INTERNATIONAL STANDARDS GOVERNING INDIVIDUAL REHABILITATION. The American Journal of Political Science Law and Criminology, 6(11), 73–78. https://doi.org/10.37547/tajpslc/Volume06Issue11-10
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Abstract

In this article, the international documents, the international standards established in them, on the rehabilitation of the victims of the actions (inaction) and decisions of the bodies and officials authorized to conduct criminal proceedings, compensation for the material and moral damages caused to them, and their provision by the state have been studied and analyzed. In particular, the author presents analytical views on the measures that should be taken to rehabilitate, compensate for the harm caused to, and integrate into society those whose human rights and freedoms have been unlawfully restricted or deprived, unjustly or unjustly convicted, unjustly arrested, or imprisoned, in declarations, conventions, and international pacts adopted by the UN and other international organizations.


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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
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Basic Principles and Guidelines on the Right to

a Remedy and Reparation for Victims of Gross

Violations of International Human Rights Law
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Humanitarian Law. Resolution adopted by the
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https://www.ohchr.org/en/instruments-

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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 https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-and-guidelines-right-remedy-and-reparation#:~:text=Adequate%2C%20effective%20and%20prompt%20reparation,violations%20and%20the%20harm%20suffered.

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/humanrights

International Covenant on Civil and Political Rights. By General Assembly resolution 2200A (XXI)16 December 1966. Electronic source:https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights

Human Rights Committee / Concluding observations on the fifth periodic report of Uzbekistan* https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/UZB/CO/5&Lang=Ru

Committee against Torture / Concluding observations on the fifth periodic report of Uzbekistan https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/UZB/CO/5&Lang=Ru

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

European Convention on Human Rights. Electronic source: https://www.echr.coe.int/documents/d/echr/convention_eng.

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

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

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

International protection of human rights and freedoms. Collection of documents. M., 1990. pp.409-410.

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_conv/conventions/torture.shtml

https://www.ohchr.org/sites/default/files/Documents/ProfessionalInterest/tokyorules.pdf

https://www.ohchr.org/sites/default/files/beijingrules.pdf