Senate approves law expanding rights for pretrial detainees and strengthening probation oversight

During a parliamentary session on May 18, 2026, Kutbidin Burkhanov, Chairman of the Senate Committee on Defense and Security, presented the draft law. He emphasized that probation should serve as a supportive mechanism to help individuals reintegrate safely into society rather than functioning purely as a tool for state surveillance. Burkhanov noted that current legislation lacks clearly defined monitoring processes, making these structural updates necessary to modernize the penal system.

To address these gaps, a new mandate will be integrated into Article 73 of the Criminal Code. Individuals granted early conditional release will be required to report periodically to probation authorities for official registration. The specific frequency of these check-ins will be determined on a case-by-case basis, depending on the individual’s behavior and the severity of the original offense.

The legislation also expands judicial access for those on probation. Under the new rules, a court can fully or partially lift supervision requirements based on a motion submitted by a prosecutor, a defense attorney, or directly by the conditionally released individual. Previously, such petitions could only be filed through legal counsel. Lawmakers noted that the old restriction limited a citizen's right to directly petition the judiciary, conflicting with constitutional guarantees of judicial protection.

Additionally, the Code of Criminal Procedure will feature a new article establishing clear guidelines for revoking conditional release if supervision rules are violated. These cases, including decisions to substitute the remaining term with active imprisonment, will be handled by district or city criminal courts based on the individual's place of residence. A dedicated chapter will also be incorporated into the Penal Code to formalize supervision structures, reporting duties, and terms for terminating probation.

A significant portion of the legislative package focuses on improving living conditions for individuals held in pretrial detention centers, explicitly aligning their treatment with the principle of the presumption of innocence.

Under the amendments to the Law on Detention during Criminal Proceedings, pretrial detainees will be granted extended daily exercise periods of no less than two hours on weekends and official public holidays, expanding on the current standard of one hour per day. Detainees will also receive authorizations to obtain additional seasonal clothing and footwear.

Furthermore, the government is increasing the financial allowance available to pretrial detainees for purchasing supplementary food items and personal hygiene products inside detention facilities. The monthly spending allowance will be raised to match the national minimum wage, which currently stands at UZS 1,271,000. Burkhanov reminded parliament that because these individuals have not been convicted of a crime by a court of law, the state must fully respect and uphold their legal rights and dignity during the investigative process.