20 august 2017

Central Asia news

Uzbekistan: Gulnara Karimova’s “restriction of freedom” meaning

29.07.2017 10:07 msk

Ferghana


After the Prosecutor General's Office of Uzbekistan reported on 28 July that in 2015 the eldest daughter of the first president of the country Gulnara Karimova was sentenced to five years of restriction of freedom, reports emerged that authors in the media and social networks are not able to distinguish this means of punishment from imprisonment.

To clarify the situation, the Article 48-1 “Restriction of Freedom” of the Criminal Code of Uzbekistan says following:

“Restriction of freedom consists in establishing by the court in respect of the convict a complete ban on the abandonment of a house under one or another pretext, or restrictions on the way out of the dwelling at certain times of the day.

Restriction of freedom is appointed for a period of one month to five years and is served under the supervision of bodies determined by the court. Restriction of freedom, the conditions of its serving in the place of residence of the convict are determined by the court, taking into account the nature of the committed act and preventing evasion from the execution of the court decision.

Taking into account the peculiarities of the prohibition (restriction) applied, the court may impose the following additional prohibitions (restrictions) on the convict:

- not to visit certain places;
- not participate in the conduct of mass and other events;
- not engage in certain activities;
- do not own or keep certain objects;
- do not operate the vehicle;
- do not change the place of residence, place of work and (or) study, not to leave the boundaries of the relevant administrative territory without the consent of the body supervising the convicts;
- do not establish contacts with certain persons;
- do not use the means of communication, including the Internet;
- do not drink alcoholic beverages.

The court may impose on the convicted (to restriction of freedom) the duty to reimburse the material and moral damage caused by him or her, get a job or study, as well as other duties that contribute to (his or her) correction.

In the event that a person convicted to restriction of freedom during the period of serving (his or her) sentence has realised his (or her) criminal acts, has firmly set on the path of correction, has compensated the material and moral damage caused, the court can revoke all or part of the prohibitions (restrictions) established earlier on the convict.

In the case of malicious evasion of a convicted person from serving a sentence in the form of restriction of freedom, as well as non-fulfilment of the duties imposed on him (or her) by the court, the court can replace the unencumbered term of restriction of freedom by another means of punishment. The time of evasion on the term of the served sentence is not counted.

Restriction of freedom is not assigned to servicemen, foreign citizens, as well as to persons who do not have a permanent place of residence in the Republic of Uzbekistan ".

Earlier, the Prosecutor General's Office of Uzbekistan said on 28 July that the eldest daughter of the late Uzbek dictator Karimov Gulnara Karimova has been arrested and charged with fraud, concealing foreign currency, violation of the customs legislation, violation of the rules of trade or provision of services, forgery of documents, stamps, seals, forms, their sale or use, legalisation of criminal activity income according to the Criminal Code.

She was sentenced to five years of restriction of freedom in 2015. At present, the investigation is continuing on the second criminal case according to which Karimova is detained. The information about the date of such decision and the relevant court are not indicated.

The total amount of damage caused by Gulnara Karimova to the interests of the state and citizens in two criminal cases amounts to 8 trillion 115 billion 617 million 700 thousand soms ($ 1.994 billion at the official exchange rate or $ 966.1 million at the black market rate on 28 July). And this amount does not count the legalised assets associated with Karimova and found in 12 countries worth more than $ 1.5 billion.

Fergana News Agency