Some persons under house arrest to be monitored by an electronic bracelet

On August 7, the President signed the Law "On probation" (Law No. 938 of the Republic of Uzbekistan), the "Legal information" Telegram channel reports. 

According to the law, probation is aimed at ensuring the execution of punishments in the form of deprivation of certain rights, compulsory community service, correctional work, restriction of liberty, social-legal and educational impact on prisoners. It is also a set of measures aimed at preventing and eliminating violations, identifying the causes of violations and the conditions that enable them.

The Cabinet of Ministers ensures the implementation of a unified state policy in the field of probation. The Probation Service of the Public Security Department of the Ministry of Internal Affairs is the competent body in the field of probation.

Subjects assisting in the implementation of probation supervision include:

• labor bodies;
• state health system management bodies and health institutions;
• Family and Women's Committee and its regional divisions;
• republican executive authorities and educational organizations in the field of education;
• Youth Affairs Agency and its regional units.

The basis for placing a person on probation is a legally binding judgment, decision or decision of the court, as well as an act of amnesty or pardon.

According to the law, placing a person on probation is carried out by an employee of the district (city) probation department in the place of residence of this person by entering data into the probation information system.

An electronic monitoring device (electronic bracelet) is used based on the decision of the head of the district (city) probation department against a person under probation supervision, who has been officially warned about not fulfilling the requirements of the order of serving a sentence in the form of restriction of liberty, or has been brought to administrative responsibility for offenses related to violation of public order during the period of serving a sentence in the form of restriction of liberty. 

The law shall enter into force on the date of its official publication.

What was said about the electronic bracelet in the draft decision of the Cabinet of Ministers?

In April, a draft decision of the Cabinet of Ministers on the introduction of an electronic bracelet was announced. It contains the following information about the use of the bracelet.

According to it, an electronic bracelet is worn on the lower leg of a person, who is under house arrest. In cases where it is not possible to wear an electronic bracelet on the leg of a person under house arrest (in the case of bone fractures, other injuries, medical treatment is indicated), it is allowed to wear an electronic bracelet on the wrist.

An electronic bracelet is worn on a female person by an employee of the same gender (the senior inspector for women's issues of the crime prevention division of the public security service of the internal affairs body). An electronic bracelet cannot be worn by a pregnant woman, a person suffering from a disease specified in the Annex to this Regulation or a person with a physical disability.

A person under house arrest or restriction of liberty shall not remove the electronic bracelet from his leg (or arm) during the execution of the house arrest and shall ensure that it is in a constant working condition.

If the visual signal of the electronic bracelet is triggered, the public security service officer together with the prophylactic inspector, depending on the situation, eliminates the attempts of the person who has been sentenced to house arrest to remove the electronic bracelet, damage it or escape. In case of escape of a person who has been sentenced to house arrest, they take measures aimed at pursuing and apprehending him (stopping, strengthening control).

In the process of clarifying the reasons for the activation of the visual signal of the electronic bracelet, if it is confirmed that the person who has been sentenced to house arrest has escaped, the employee of the public security service will immediately attract additional forces of the internal affairs bodies and arrest them in accordance with the GPS signal transmitted from the electronic bracelet worn by the escaped person. These actions will continue until the fugitive is caught.

It is established that in case of intentional damage to an electronic bracelet by a person subject to house arrest, this person shall pay for the material damage caused by him.