Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Uzbekistan’s Criminal Procedure Code Amendment Act (2010) states:
Article 600. Limits of criminal liability of a person extradited to the Republic of Uzbekistan
Individuals extradited to Uzbekistan by a foreign State cannot be prosecuted, punished or transferred to a third State for an offence committed before the extradition, which was not subject to the request for extradition, without the consent of the State which had extradited them …
The General Prosecutor of the Republic of Uzbekistan shall notify the authorities of the foreign State of the outcome of the criminal proceedings against the extradited person. At the request of the said authorities, a copy of the final decision in the criminal case may be sent.
Article 601. Execution of a request for extradition of a person from the territory of the Republic of Uzbekistan
A request for the extradition of a person from the territory of the Republic of Uzbekistan for criminal prosecution or execution of sentence shall be assessed by the General Prosecutor of the Republic of Uzbekistan in accordance with international treaties Uzbekistan is a party to and with the principle of reciprocity.
The principle of reciprocity shall be confirmed in writing … by the competent authority of the foreign State, which submitted the request for extradition …
Article 603. Refusal to extradite a person from the territory of the Republic of Uzbekistan to a foreign state
The extradition of a person present in the territory of the Republic of Uzbekistan to a foreign State is not allowed if:
– the offence subject to the request for extradition was committed in the territory of the Republic of Uzbekistan or against the interests of the Republic of Uzbekistan outside its territory;
– a conviction … [or] a decision of a competent authority not to initiate or to terminate criminal proceedings is in force in the Republic of Uzbekistan against the same person and in respect of the same conduct that is the subject of the request for extradition;
– the conduct subject to the request for extradition does not constitute an offence under the laws of the Republic of Uzbekistan;
– in accordance with the laws of the Republic of Uzbekistan, the criminal proceedings may not be initiated … or the sentence may not be executed due to statutes of limitations or for other legitimate reasons;
– criminal proceedings ha[ve] been initiated in the Republic of Uzbekistan with regard to the same person;
– the person with respect to whom the request was issued was granted asylum in the Republic of Uzbekistan in connection with the possibility of persecution in the requesting State on the account of race, religion, nationality, membership [of] a particular social group[,] or political opinion.
In 2011, in its fourth periodic report to the Committee against Torture, Uzbekistan stated:
A person situated in Uzbekistan may be extradited in the following cases:
(a) If the act committed by that person is punishable under the Criminal Code of Uzbekistan with deprivation of liberty for at least 1 year or a more severe penalty, where the purpose of extradition is criminal prosecution;
(b) If the person whose extradition is sought has been sentenced to deprivation of liberty for at least 6 months or a more severe penalty;
(c) Where the foreign State requesting extradition guarantees that the person whose extradition it is requesting will be prosecuted only for the offence referred to in the request and, after the trial has ended and the sentence has been served, will be free to leave the territory of that State and will also not be deported, handed over or extradited to a third State without Uzbekistan’s consent, or subjected to torture, violence or other cruel, humiliating or degrading treatment, or be subject to the death penalty.
In the report, Uzbekistan also stated:
Pursuant to article 603 of the Code of Criminal Procedure, extradition of a person situated in Uzbekistan to a foreign State is not permitted:
(a) Where the person sought is a national of Uzbekistan;
(b) Where the offence in connection with which extradition is sought was committed on Uzbek territory or against Uzbek interests outside Uzbek territory;
(c) Where a final sentence or court ruling or unrevoked decision of an authorized official not to institute criminal proceedings or to terminate them is in place in Uzbekistan in respect of the person sought and for the same act;
(d) Where the request is made on the grounds of an act that is not an offence under Uzbek law;
(e) Where, under Uzbek law, criminal proceedings may not be brought or must be terminated, or a sentence cannot be executed, owing to expiry of the statute of limitations or on other legal grounds;
(f) Where the person sought is prosecuted for the same act in Uzbekistan;
(g) Where the person sought has been granted asylum in Uzbekistan because of the possibility of persecution in the requesting State for reasons of race, religion, citizenship, ethnicity, membership of a particular social group or political opinion.