Summoned for questioning in Uzbekistan: rights of a witness and a suspect

If you have been summoned for questioning as a witness in Uzbekistan, you have to attend, but you are not obliged to testify against yourself or your close relatives, and you are entitled to bring a lawyer. A suspect may refuse to give any statement at all, and before his first interrogation the investigator must ensure that defence counsel takes part. Below: what a summons must contain, what happens if you do not turn up, how questioning works, and how to spot the moment when a witness turns into a suspect.

What must a summons contain?

A witness, suspect or accused person who is at liberty is summoned to the investigator, inquiry officer, prosecutor or court by a written summons (Article 97 of the Criminal Procedure Code). It is sent by post or delivered by courier. You can also be summoned by telephone message, telegram or fax.

The summons must state:

• who is being summoned and in what capacity — witness, victim, suspect;
• the address and the official you are to see;
• the date and time to appear;
• the consequences of failing to appear without a valid reason.

The summons is handed over against a signature. If you are not at home, it may be left with an adult family member who lives with you. Check the capacity in which you are being called — your rights depend on it. If it is not stated, ask the investigator before questioning begins.

Can you refuse to go?

A witness must appear when summoned, tell the truth about what he knows and answer questions (Article 66 of the Code). A suspect must also appear when summoned (Article 48). If you fail to appear without a valid reason, the investigator may order compulsory appearance — the police will then bring you in (Articles 261–263).

If you cannot come on the set date — because of illness or a business trip, for example — let the investigator know in advance, by phone and in writing, and attach a supporting document. Ask for the questioning to be moved to another date. This shows you are not evading it.

It is important to separate not attending from refusing to talk. A witness who comes but refuses to testify without a lawful basis may be held liable under Article 240 of the Criminal Code: a fine of up to 25 BCA (up to 11 million soums at a BCA of 440,000 soums) or up to 360 hours of community service. Knowingly giving false testimony is punishable under Article 238, up to imprisonment. So rather than lying, use your right not to answer where the law allows it.

Does a witness need a lawyer?

Yes, a witness has the right to a lawyer's legal assistance and to take part in investigative steps together with the lawyer (Article 66 of the Code). A witness's lawyer is admitted from the moment of the summons, on presentation of a licence and a warrant (Article 66-1). If you come with a lawyer, you are questioned in his presence (Article 114).

A witness's lawyer can:

• find out which case you have been called in;
• attend the questioning and give you brief advice;
• ask you questions with the investigator's permission;
• make a statement at the end about any breach of your rights — it must be entered in the record.

Someone who defends another party in the same case cannot act as a witness's lawyer. If you are called in a case involving your employer, business partner or relative, your lawyer must protect your interests specifically.

The right not to testify against yourself or your family

Under Article 66 of the Code, a witness has the right not to testify against himself or against close relatives. The Criminal Code defines close relatives as parents, full and half brothers and sisters, spouses, children (including adopted children), grandparents, grandchildren, and the parents, brothers and sisters of one's spouse.

Several important consequences follow:

• Close relatives of a suspect or accused person may be questioned about him only with their consent (Article 116 of the Code).
• They are not warned of liability for refusing to testify (Article 117).
• Neither close relatives of the suspect nor a witness who refuses to testify against himself bear liability for refusing (Article 240 of the Criminal Code).

Example. Suppose your brother is suspected of embezzlement and you are called as a witness. You are entitled to say: "I refuse to testify against my brother under Article 66 of the Criminal Procedure Code." This is neither a crime nor disrespect to the investigation. The refusal must be entered in the record.

A suspect gets even more: he may refuse to testify altogether and is not obliged to prove his innocence (Article 48).

How does questioning work?

Questioning takes place where the investigation is conducted or where the person being questioned is located (Article 96). The order is as follows:

1. The investigator establishes your identity and the language in which you will testify. If you do not speak the language of the proceedings well, you are entitled to an interpreter.
2. Your rights and duties are explained. A witness is warned of liability for refusing to testify and for giving false testimony, and signs the record to confirm this.
3. First you are invited to tell freely what you know. Then follow-up questions are asked. Leading questions — those that suggest the expected answer — are prohibited (Article 102).
4. You may use notes and documents when it comes to figures and details that are hard to remember (Article 103).

The total length of questioning must not exceed eight hours a day, not counting a one-hour break for rest and a meal (Article 107).

The record: read it, add to it, do not sign anything wrong

The questioning is written down in a record — in the first person and as close to word for word as possible. Questions and answers are recorded in the order they were asked, including questions you refused to answer (Article 106). Audio or video recording may be made in addition to the written record.

What to do with the record:

1. Read it in full, or ask the investigator to read it aloud.
2. Check the wording. "I don't remember" and "that did not happen" are different answers. An inaccuracy in a single word is hard to correct later.
3. Make additions and corrections. This is your right under Article 66. Written remarks are attached to the record (Article 92).
4. Ask to write your statement in your own hand if you doubt the investigator's version: a handwritten text is attached to the record.
5. Sign every page and the end of the record — only once everything is written correctly. If you refuse to sign, explain why: your explanation is also entered in the record (Article 93).

When does a witness become a suspect?

A suspect is a person in respect of whom the case contains information that he committed a crime, but not enough to charge him (Article 47). Your status changes when information appears that gives grounds to suspect you — the investigator issues a formal decision and announces it to you (Articles 359–360). From that moment you have a suspect's rights: a defence lawyer, the right to remain silent, questioning in the presence of counsel.

Be on your guard if:

• the questions increasingly concern your own actions, signatures or money;
• you are asked to "write an explanation" or "just sign" that you knew about a deal;
• the investigator says "it would be better for you to tell everything yourself";
• you are called in again, and documents bearing your name or signature appear during questioning.

In that situation you have the right not to answer questions that could be used against you and to ask for a break to bring in a lawyer. There is no liability for refusing to testify against yourself.

When to bring a lawyer

Simple questioning of someone who witnessed a traffic accident usually does not need a lawyer. But going alone is risky if the case concerns your job, your business or money that passed through your hands; if the suspect is your manager, partner or relative; or if you have been called in again or do not understand why you in particular were summoned. Witness statements are later read out in court, and something said "just for the record" can become grounds for suspicion. A lawyer will go through the likely questions with you in advance, keep an eye on the record and stop the questioning in time if it takes a wrong turn. More on our criminal defence page.

In short

• A summons must state the capacity in which you are called, where, to whom and when.
• You cannot simply fail to appear without a valid reason — compulsory appearance may follow; report illness or travel in advance and in writing.
• A witness may come with a lawyer and may refuse to testify against himself and close relatives — there is no liability for this.
• Read the record in full, make corrections, and sign each page only after checking it.
• If the questions shift to your own actions, ask for a break and bring in a lawyer.

Photo: Petar Milošević, Wikimedia Commons (CC BY-SA 4.0)